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Fined by enforcement officer but denied disabled pass

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velvet thunder

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So my wife has epilepsy and can't use ticket machines often fuzzy screens and cause seizures. And no ticket office at the station. An enforcement officer fined her for no ticket. No ticket conductor on the train she has disability person card and concession pass as well just not valid at the time of travel after 9.30

More than happy to buy the ticket but She was denied the right to pay for a ticket in person.

We've appealed not sure how it's going to go. But is there anyway to put a complaint in.
 
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Bletchleyite

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An appeal should succeed here because if a disability means someone cannot use the provided method of payment then there is no available method of payment. If you'd like us to advise further if the first appeal fails, post all documentation here (redacting all personal info and reference numbers) and people can advise accordingly.
 

velvet thunder

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Quick reply thanks. Will be back on touch of unsuccessful.
Just annoying the treatment on the train and the stress caused seizure anyway lost day at work from it.
An appeal should succeed here because if a disability means someone cannot use the provided method of payment then there is no available method of payment. If you'd like us to advise further if the first appeal fails, post all documentation here (redacting all personal info and reference numbers) and people can advise accordingly.
 

z444z

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If your wife made it clear the reason she didn’t have a ticket, it is definitely worth putting a complaint in.

Depending on just how clear she made it to the ticket inspector you may even have grounds to sue the train company, particularly as a seizure was caused and a day of work was lost. Reasonable adjustments for her disability were not made and this resulted in her suffering a significant detriment.

I’m not saying you should do this, but it’s worth keeping in mind when considering what kind of compensation they should be offering. I’d be asking for £50+, maybe even £100+, and going to the Ombudsman if that isn’t offered. Don’t let them fob you off with a tenner.
 
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AlterEgo

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So my wife has epilepsy and can't use ticket machines often fuzzy screens and cause seizures. And no ticket office at the station. An enforcement officer fined her for no ticket. No ticket conductor on the train she has disability person card and concession pass as well just not valid at the time of travel after 9.30

More than happy to buy the ticket but She was denied the right to pay for a ticket in person.

We've appealed not sure how it's going to go. But is there anyway to put a complaint in.
When you say "disability person card", do you mean a Disabled Railcard?

Which station did she board at?
 
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Chrius56000

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. . .As I see it, the OP's wife has a recognised disability which the R.P.I. failed to take into consideration, which she was ABSOLUTELY entitled to be exempt from having to buy a ticket from a TVM and her local station is unmanned – the R.P.I. should know this full well – there's no "ifs" or "buts" about it!

. . .She is entitled to sue the T.O.C. for a lost day at work and the effects of a seizure as a result of her treatment on the train by the R.P.I. – definitely appeal this AND follow this up with a claim against the T.O.C..for the lost day at work and the distressing effects the R.P.I.'s conduct caused – the OP's wife is 100% in the right here!

. . .Do post everything you receive from the T.O.C. and the Appeal Outcome, and include a letter from her GP or Consultant stating that the OP's wife suffers from this!
 

Chrius56000

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. . .It wouldn't matter if the Disabled Person's Railcard did have a time restriction on it as the OP's wife's disability over–rides this and she was still entitled to buy on the train or at a station with a staffed ticket office at the non–discounted fare (if her card wasn't within time) and without fear of a penalty fare, other sanctions or prosecution !
 

John R

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. . .It wouldn't matter if the Disabled Person's Railcard did have a time restriction on it as the OP's wife's disability over–rides this and she was still entitled to buy on the train or at a station with a staffed ticket office at the non–discounted fare (if her card wasn't within time) and without fear of a penalty fare, other sanctions or prosecution !
I think the point was not the time restriction but rather understanding exactly what card the OP's wife did have. It couldn't have been a Disabled Person's Railcard, as that has no time restriction so what was it.

We also haven't had confirmation that she explained her disability and whether she backed that up for showing the relevant cards. If she did then I would agree that the appeal should be successful and moreover that a complaint should be made. Clearly if she did neither then the Inspector wouldn't have had any grounds for treating her any differently to a normal traveller.
 

z444z

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We also haven't had confirmation that she explained her disability and whether she backed that up for showing the relevant cards. If she did then I would agree that the appeal should be successful and moreover that a complaint should be made. Clearly if she did neither then the Inspector wouldn't have had any grounds for treating her any differently to a normal traveller.
IMO an appeal should succeed whether or not either of the two things you’ve stated. A complaint probably wouldn’t be warranted if not though.

There is no requirement to provide any specific documentation or card to prove your disability when requesting reasonable adjustments. Proof of disability can be required but this must be reasonable and proportionate.

The duty to make reasonable adjustments is anticipatory, and I wonder whether compliance with the Equality Act in this scenario might actually involve asking if the passenger has any relevant disability before taking any action other than selling a ticket, rather than relying on the disabled passenger, who may have disabilities affecting cognition or social interaction, to mention it.

NRCoT says you may board a train without a valid ticket if:
You have a disability and Ticket purchasing arrangements at the station where you started your journey were not accessible to you.
No specific documentation is required for this term to be applicable, only that the passenger is disabled (presumably under either one of the plain English meaning or the Equality Act definition).
 

40875704

Member
Joined
6 Nov 2016
Messages
69
. . .As I see it, the OP's wife has a recognised disability which the R.P.I. failed to take into consideration, which she was ABSOLUTELY entitled to be exempt from having to buy a ticket from a TVM and her local station is unmanned – the R.P.I. should know this full well – there's no "ifs" or "buts" about it!

. . .She is entitled to sue the T.O.C. for a lost day at work and the effects of a seizure as a result of her treatment on the train by the R.P.I. – definitely appeal this AND follow this up with a claim against the T.O.C..for the lost day at work and the distressing effects the R.P.I.'s conduct caused – the OP's wife is 100% in the right here!

. . .Do post everything you receive from the T.O.C. and the Appeal Outcome, and include a letter from her GP or Consultant stating that the OP's wife suffers from this!
The majority of people with epilepsy will not have photosensitive epilepsy. Modern screens are much more stable than of old, less flickering. Photosensitive epilepsy affects around 1 in 4000 people overall. Not everyone with epilepsy has photosensitive epilepsy. Only around 3 to 5 in every 100 (3 to 5%) people with epilepsy will have photosensitive epilepsy.

Women are more likely to have photosensitive epilepsy than men. Studies suggest that around twice as many females have photosensitive epilepsy as males.

See https://www.epilepsy.org.uk/info/seizure-triggers/photosensitive-epilepsy. Did she explain that she had PSE or just E. In my role people with epilepsy will tell me they can’t use screens but are on Facebook and watch TV. If she’s going to sue hopefully she’s be able to provide evidence to back it up from her GP / Epilepsy Nurse.
 

ChilliSauce

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328
So my wife has epilepsy and can't use ticket machines often fuzzy screens and cause seizures. And no ticket office at the station. An enforcement officer fined her for no ticket. No ticket conductor on the train she has disability person card and concession pass as well just not valid at the time of travel after 9.30

More than happy to buy the ticket but She was denied the right to pay for a ticket in person.

We've appealed not sure how it's going to go. But is there anyway to put a complaint in.
I think it might be appropriate to name (and shame) the Train Operating Company concerned . As this might assist with further advice provided by others ..
 

Spaceship323

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Nuneaton Trent Valley
I think it might be appropriate to name (and shame) the Train Operating Company concerned . As this might assist with further advice provided by others ..
As the OP's location is Cannock we can probably assume the train operator
A w.mids disabled pass allows free travel after 09.30 in the w.mids area. Was she trying to use this before 09.30?
 
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