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Incorrect return date used

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ed27

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Only after realising I couldn't scan out of the Leeds Barrier, I noticed I'd selected a march return date (sheff-leeds) instead of today. This was an honest mistake and I alerted a high vis person of the mistake and she deferred me to someone to issue me a fine. Admittedly I wasn't quite expecting this. I tried to claim that I wouldn't have admitted to having an incorrect date had there been malicious intent. I'm a student and I have booked a lot of trains in the past all fine. Would there be any grounds of appeal of an I just frustrated at my own error. Train supplier is the same.
 

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AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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Please upload a copy of the penalty fare notice with your details redacted. Your only realistic chance of appeal is if there is a technical deficiency in how the notice was filled in.
 

ed27

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Please upload a copy of the penalty fare notice with your details redacted. Your only realistic chance of appeal is if there is a technical deficiency in how the notice was filled in.
Can I get it any cheaper with my Railcard? Is anything else needed
 

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AlterEgo

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Did you indeed take the 1517 service today?
 

z444z

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The fare charged is the £22.10 “Any Permitted” Anytime Day Single. If you did take the 1517 today (did you?), that didn’t go via Doncaster and so the £14.60 “Not Via Doncaster” would be the applicable fare. This would make the penalty fare non-compliant and an appeal should succeed. We can help you with the process.
 

sot

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Was about to say

SINGLE FARES i
Route
ANY PERMITTED​
Validity
ON DATE SHOWN​
Adult
£22.10
Child
£11.05​
◊​
Fare Setter: LONDON NORTH EASTERN RAILWAY​
Route
NOT VIA DONCASTR​
Validity
ON DATE SHOWN​
Adult
£14.60
Child
£7.30​
◊​
Fare Setter: NORTHERN​

Not that it's amazingly better price but it could be argued that it was not issued correctly.

Is there any argument on their side that the revenue staff may not have known if this route had been used (even though the intent was to use the AP northernonly). E.G. at gateline or similar away from the platform where the passenger alighted?
 

z444z

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Not that it's amazingly better price but it could be argued that it was not issued correctly.
It wasn’t issued correctly. It could be 1p off and would still not comply with the regulations.
Is there any argument on their side that the revenue staff may not have known if this route had been used (even though the intent was to use the AP northernonly). E.G. at gateline or similar away from the platform where the passenger alighted?
The appeals panel try all sorts of nonsense but the legislation is clear.
“the full single fare applicable” is to be determined by reference to—
(c)the train and route that person is using, has used or intends to use.
 

z444z

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I did, yes. I only noticed there was an issue when I tried to scan through and saw the date.
With the information we’ve given would you be able to write a draft and post it here so we can suggest improvements?
 

ed27

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The fare charged is the £22.10 “Any Permitted” Anytime Day Single. If you did take the 1517 today (did you?), that didn’t go via Doncaster and so the £14.60 “Not Via Doncaster” would be the applicable fare. This would make the penalty fare non-compliant and an appeal should succeed. We can help you with the process.
Hi I did take the 15:17 and did not go via Doncaster. I would like help with the process please

== Doublepost prevention - post automatically merged: ==

With the information we’ve given would you be able to write a draft and post it here so we can suggest improvements?
Yes I will try and do this now
 

AlterEgo

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Is there any argument on their side that the revenue staff may not have known if this route had been used
It is up to them to ascertain this. They had to ask where the OP boarded, for example, as part of issuing the fare.
 

ed27

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With the information we’ve given would you be able to write a draft and post it here so we can suggest improvements?

With the information we’ve given would you be able to write a draft and post it here so we can suggest improvements?

"I am writing to appeal the Penalty Fare Notice referenced ###### on the basis that it has been calculated using an incorrect applicable fair.
on Sunday the 22nd of February I boarded the Sheffield 15:17 - Leeds 16:15 Northern service. the fare sums to £72.10, which means £22.10 was charged which corresponds to the anytime day single, route "via Doncaster" however the relevant Northern service does not travel via Doncaster. Under the penalty fare rules, the charge must be based on the train and route that was used, and therefore the penalty fair is non-compliant"
I haven't referenced the actual reason for the penalty (the incorrect return journey date mistake) as I wasn't sure how to appropriately include it. I'm not sure what other details to add either but happy to make any changes.
 
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Elecman

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"I am writing to appeal the Penalty Fare Notice referenced NTLPFN006663852 on the basis that it has been calculated using an incorrect applicable fair.
on Sunday the 22nd of February I boarded the Sheffield 15:17 - Leeds 16:15 Northern service. the fare sums to £72.10, which means £22.10 was charged which corresponds to the anytime day single, route "via Doncaster" however the relevant Northern service does not travel via Doncaster. Under the penalty fare rules, the charge must be based on the train and route that was used, and therefore the penalty fair is non-compliant"
I haven't referenced the actual reason for the penalty (the incorrect return journey date mistake) as I wasn't sure how to appropriately include it. I'm not sure what other details to add either but happy to make any changes.
The Penalty Fare is £122.10 not £72.10 ( that’s is the discounted penalty if paid within 21 days)
 

AlterEgo

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It's also fare not "fair" as per the Penalty Fare Notice.
 

ed27

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It's also fare not "fair" as per the Penalty Fare Notice.
Thank you, do you know how I should incorporate the actual offence into the appeal? Do I mention that it was a mistake, do I mention it at all?
 

John R

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Thank you, do you know how I should incorporate the actual offence into the appeal? Do I mention that it was a mistake, do I mention it at all?
It’s not relevant. They were correct to issue you with a PF, so that’s not in dispute. They just got the amount wrong.
 

ed27

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It’s not relevant. They were correct to issue you with a PF, so that’s not in dispute. They just got the amount wrong.
Thank you for your response, am I therefore expecting a new penalty charge with a slightly reduced amount? I couldn't quite understand some earlier replies with seemingly mixed views on it.
 

z444z

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Thank you for your response, am I therefore expecting a new penalty charge with a slightly reduced amount? I couldn't quite understand some earlier replies with seemingly mixed views on it.
No, a penalty fare notice not issued in accordance with the regulations should be cancelled at appeal. You may still need to pay the full single fare applicable (£14.60) but the rest of it should be cancelled.
 

ed27

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No, a penalty fare notice not issued in accordance with the regulations should be cancelled at appeal. You may still need to pay the full single fare applicable (£14.60) but the rest of it should be cancelled.
Thank you I will send through my appeal
 

z444z

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I've made some changes to your draft, see below. I'd recommend waiting at least until Monday evening before submitting the appeal to make sure others have the chance to weigh in if needed.
REFERNCE: [INSERT]

I am writing to appeal the Penalty Fare Notice referenced above on the basis that it does not comply with The Regulations because the incorrect fare has been charged.

The penalty fare totals £122.10, with the fare element being £22.10. This corresponds to the Anytime Day Single route "Any Permitted". However, I had used the 15:17 service from Sheffield - Leeds, which does not travel via Doncaster, and therefore the fare should have been the £14.60 Anytime Day Single route "Not Via Doncaster". This is specified in Regulation 9(6(c)) of The Railways (Penalty Fares) Regulations 2018, quoted below - in short, the route taken must be taken into account when determining the fare to charge.

9(6) In this regulation “the full single fare applicable” is to be determined by reference to—
(a)the age of the person in question;
(b)the day and time of the journey that person is making, has made or intends to make, as the case may be; and
(c)the train and route that person is using, has used or intends to use.

The Regulations are clear that if a penalty fare notice has not been issued in accordance with The Regulations, the Appeals Panel must allow the appeal. I therefore request that this penalty fare notice is cancelled.
 
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Belperpete

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Can I get it any cheaper with my Railcard? Is anything else needed
Penalty fares aren't reduced for a Railcard, nor do they take into account anything you may have paid for the invalid ticket. In this case, you are lucky that they calculated the value of the penalty fare incorrectly, giving you grounds to appeal, but you are claiming on a technicality. They were perfectly entitled to charge you a penalty fare, as you travelled without a valid ticket.
 

MotCO

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The penalty fare reference should probably be deleted. @ed27 your post 13 mentions it and @z444z your post 22 includes it in a quote
Presumably you mean on this forum; the reference number should definitely be included in the letter the OP sends.

== Doublepost prevention - post automatically merged: ==

I've made some changes to your draft, see below. I'd recommend waiting at least until Monday evening before submitting the appeal to make sure others have the chance to weigh in if needed.
Your draft seems fine, but just to add that the OP should add 'Dear Sir' and 'Yours faithfully' at the top and bottom.
 

ed27

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Sorted mine, thanks
I'm writing here to say that the penalty notice has been cancelled I am only required to pay the £14.60. I can not express how grateful I am to everyone that has helped me in this and to you in particular for writing my draft. This has been a very stressful experience and the support I have received here has been amazing. I will know now to be extremely careful when booking tickets. Thank you
 

sot

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An excellent outcome for you,

As you say better to take a little bit more time and be careful, next time you may not be so lucky that they make an error on the PF.
 

z444z

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I'm writing here to say that the penalty notice has been cancelled I am only required to pay the £14.60. I can not express how grateful I am to everyone that has helped me in this and to you in particular for writing my draft. This has been a very stressful experience and the support I have received here has been amazing. I will know now to be extremely careful when booking tickets. Thank you
Great to hear, all the best!!
 
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