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.