Designtime
New Member
I am appealing the notice of no valid ticket on the following grounds.
I had an appointment in Chingford on the 12/05/2022 to drop my car off at a car dealer. (See attached Letter) I have never been to Chingford before and I knew I was going to have to catch the train home. I googled the quickest way and was recommended a bus to Walthamstow and then take a train to Kings Cross and then Metropolitan line to Chesham. The Garage offered me a lift to Chingford over ground station. I bought a ticket to Walthamstow (see attached ticket). Once I was on the train I could see it would be way easier to go through to Liverpool Street and pick up the Metropolitan tube from there.
I arrived in Liverpool Street and approached a guard on the gate to purchase the difference in the ticket cost. I was told that was not an option anymore. I had travelled illegally so they can only give me a Penalty fare.
My Appeal was rejected! I made the following 2nd appeal because I felt they had received a standard rejection letter that did not reflect my situation.
Appeal No.2
I am making a second appeal as I feel my first appeal was totally ignored and grossly unfair.
I have been sent a standard rejection letter that does not explain how the decision to reject my claim was made. I strongly feel that the TfL staffer has not read my first statement.
The letter states the following:
1. A code of practice called Greater London Authority Act 1999, but gives no detail to where I can access and check it was followed correctly and fairly.
2. It also states, “All transport companies operating a Penalty Fare scheme display warning notices which advise transport users of their obligations and the potential consequences in failing to meet these”. There were no notices that covered my travel situation. Please show me a notice that displays You will be Prosecuted for a genuine mistake because you never use this train service before.
3. I was not approached by anybody and asked to show a valid ticket. I approached your staff to make a payment. I could have lied and said I lost my ticket or jumped over the barrier but I was honest and wanted to pay the fare difference. This seems to be a grossly unfair and inflexible way to work. I can understand this applying to multiple offenders. In my case I have never travelled on this train before.
4. On assessment your appeal has been declined. Why was it declined? I have no detail reasoning! Again I feel the TfL staffer has not read and addressed my statement directly.
I am more than happy to follow this through to court proceedings as I do strongly feel a Judge would see my circumstances have not been taken into consideration and your process was inflexible and unfair in this instance.
Again I have received a standard rejection reply! this is the response I received below:
It is the passenger’s responsibility to be able to prove, when asked by the Inspector, that they have paid for their journey in advance. As you did not do this the Inspector was correct to issue a Penalty Fare because you had not paid for your journey. Tickets and passes represent the only proof that you are authorised to make a journey; they must also be made available for inspection on request. While you may have made a genuine mistake, you were unable to produce a valid ticket or pass for your journey, the Inspector was therefore correct to issue a Penalty Fare.
I was not asked to produce a ticket I had a valid ticket to an earlier designation and I volunteered the extra fair to the new destination. This seems really unfair what can I do? Do I make a third appeal? or should I just pay it? Or wait and go to court? Any advice would be greatly appreciated.
Regards
Darren
I had an appointment in Chingford on the 12/05/2022 to drop my car off at a car dealer. (See attached Letter) I have never been to Chingford before and I knew I was going to have to catch the train home. I googled the quickest way and was recommended a bus to Walthamstow and then take a train to Kings Cross and then Metropolitan line to Chesham. The Garage offered me a lift to Chingford over ground station. I bought a ticket to Walthamstow (see attached ticket). Once I was on the train I could see it would be way easier to go through to Liverpool Street and pick up the Metropolitan tube from there.
I arrived in Liverpool Street and approached a guard on the gate to purchase the difference in the ticket cost. I was told that was not an option anymore. I had travelled illegally so they can only give me a Penalty fare.
- I did not know this was not an option anymore otherwise I would have departed the train in Walthamstow and bought another ticket to Liverpool Street.
- I was unfamiliar with this area and never travelled this route before and it was a genuine mistake.
- I never done this before and will not make that mistake again.
- My trip to Chingford was to sell my car as I am unemployed.
- Approached the guard and explained the situation. I was not trying to evade payment.
- I am more than happy to pay the fair from Walthamstow to Liverpool Street.
My Appeal was rejected! I made the following 2nd appeal because I felt they had received a standard rejection letter that did not reflect my situation.
Appeal No.2
I am making a second appeal as I feel my first appeal was totally ignored and grossly unfair.
I have been sent a standard rejection letter that does not explain how the decision to reject my claim was made. I strongly feel that the TfL staffer has not read my first statement.
The letter states the following:
1. A code of practice called Greater London Authority Act 1999, but gives no detail to where I can access and check it was followed correctly and fairly.
2. It also states, “All transport companies operating a Penalty Fare scheme display warning notices which advise transport users of their obligations and the potential consequences in failing to meet these”. There were no notices that covered my travel situation. Please show me a notice that displays You will be Prosecuted for a genuine mistake because you never use this train service before.
3. I was not approached by anybody and asked to show a valid ticket. I approached your staff to make a payment. I could have lied and said I lost my ticket or jumped over the barrier but I was honest and wanted to pay the fare difference. This seems to be a grossly unfair and inflexible way to work. I can understand this applying to multiple offenders. In my case I have never travelled on this train before.
4. On assessment your appeal has been declined. Why was it declined? I have no detail reasoning! Again I feel the TfL staffer has not read and addressed my statement directly.
I am more than happy to follow this through to court proceedings as I do strongly feel a Judge would see my circumstances have not been taken into consideration and your process was inflexible and unfair in this instance.
Again I have received a standard rejection reply! this is the response I received below:
It is the passenger’s responsibility to be able to prove, when asked by the Inspector, that they have paid for their journey in advance. As you did not do this the Inspector was correct to issue a Penalty Fare because you had not paid for your journey. Tickets and passes represent the only proof that you are authorised to make a journey; they must also be made available for inspection on request. While you may have made a genuine mistake, you were unable to produce a valid ticket or pass for your journey, the Inspector was therefore correct to issue a Penalty Fare.
I was not asked to produce a ticket I had a valid ticket to an earlier designation and I volunteered the extra fair to the new destination. This seems really unfair what can I do? Do I make a third appeal? or should I just pay it? Or wait and go to court? Any advice would be greatly appreciated.
Regards
Darren
