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Letter Not Arrived from Northern

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elgoose

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Hi,

I was recently stopped by a revenue officer on a train from Leeds to York on the morning of the 7th June, I had purchased a ticket from Leeds but got on at Burley Park (blissfully unaware of the Adv Single conditions). They took my details for this and told me I would receive a letter to which I would have to respond with the reasoning I got on the train a stop late. It is now the 18th and I still have not received said letter. I know with these things that the fine often increases if there is no response, so I am worried that the letter may have become lost on its way to me and that my fine will be increasing. Is there any chance that the officers will have just let it go as I was very cordial with them? I am hoping that they will have but I know this is unlikely, and I did input all my details (they will have them also as I buy my tickets on the Northern app). This is causing me a bit of anxiety so I was wondering if anyone knows what is likely to have happened. Thanks !!!
 
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ainsworth74

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Unfortunately it can take some weeks for letters to arrive so it's not entirely surprising that it hasn't arrived yet I'm afraid to say!

Could you tell us what type of ticket you had from Leeds? Was the train you boarded at Burley Park definitely the train that was showing on your itinerary from Leeds (so if you itinerary said get the 1229 from Leeds you were you definitely on the 1234 for instance)?
 

elgoose

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Unfortunately it can take some weeks for letters to arrive so it's not entirely surprising that it hasn't arrived yet I'm afraid to say!

Could you tell us what type of ticket you had from Leeds? Was the train you boarded at Burley Park definitely the train that was showing on your itinerary from Leeds (so if you itinerary said get the 1229 from Leeds you were you definitely on the 1234 for instance)?
Thanks so much for the response!

It was an advance single from Leeds, and yes I was on the same service (ticket from Leeds at 8.01 and I got on at Burley at 8.06). I honestly believed that it would be okay, as I thought I have paid for the journey from Leeds, so surely it covers going through BP too! My mistake and I would pay the fine, but worried that if I am honest and say that I didn't know the conditions then they will look at my other journeys and see that I have done similar a few other times, then hammer me for this too.

I am also on holiday soon for a couple of weeks and worried it will arrive whilst I am away!
 

KirkstallOne

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I would wait for any letter to arrive before doing anything. The short period you are on holiday should not matter.

In your situation (break of journey not allowed) there should not have been a penalty / referral for prosecution, instead you should have been excessed the difference between the ticket you held and a ticket allowing you to board at Burley Park.

This thread was a very similar situation except a penalty fare was issued. After much effort the traveller successfully appealed against the penalty. Note it is important that you were on the train your ticket was for but broke your journey (i.e. boarded late) when you were not allowed to.

 

elgoose

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I would wait for any letter to arrive before doing anything. The short period you are on holiday should not matter.

In your situation (break of journey not allowed) there should not have been a penalty / referral for prosecution, instead you should have been excessed the difference between the ticket you held and a ticket allowing you to board at Burley Park.

This thread was a very similar situation except a penalty fare was issued. After much effort the traveller successfully appealed against the penalty. Note it is important that you were on the train your ticket was for but broke your journey (i.e. boarded late) when you were not allowed to.

Thanks for your response - Is there any rule mentioning this so if I appeal I could reference it? I'm not sure how to appeal, as I mentioned above I am worried that if I honest and say I didn't realise they will sting me for a few similar journeys I have made despite the honest mistake!
 

KirkstallOne

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Appeals are only available for penalty fares whereas this has been written up as a Travel Incident Report from your description. If you do get a letter then please post up a redacted copy and people can advise on a suitable response, until then any suggestions would be premature.

However, the linked thread covers the relevant sections of the National Conditions of Travel that apply to this and these would form the basis of any defence to accusations by Northern that you have committed an offence.
 
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instead you should have been excessed the difference between the ticket you held and a ticket allowing you to board at Burley Park.
I see this mentioned often on here regarding advance purchase tickets and have a question…

NRCOT 9.5.3 states as you have said (can’t seem to copy over the exact text on my phone) but the Advance Purchase tickets T&Cs state that AP tickets cannot be changed on board a train and an admin fee of £10 is to be charged (7.2)

So we have the ruling from NRCOT, then a guard on board who cannot make the change (I’ve tried to excess an AP ticket before and it’s a minefield on a handheld ticket machine)
Whilst reporting for prosecution would be incorrect, would reporting for the relevant department to charge the correct fare be the best alternative here?

As a side note, those same T&Cs mention that, TOC depending, a penalty fare may be charged? It doesn’t seem to be very clear or explain it well

For the OP - T&Cs for advance tickets can be found here
 

AlterEgo

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I see this mentioned often on here regarding advance purchase tickets and have a question…

NRCOT 9.5.3 states as you have said (can’t seem to copy over the exact text on my phone) but the Advance Purchase tickets T&Cs state that AP tickets cannot be changed on board a train and an admin fee of £10 is to be charged (7.2)
An excess fare to a ticket which allows BoJ isn’t a “change of journey”.

So we have the ruling from NRCOT, then a guard on board who cannot make the change (I’ve tried to excess an AP ticket before and it’s a minefield on a handheld ticket machine)
Whilst reporting for prosecution would be incorrect, would reporting for the relevant department to charge the correct fare be the best alternative here?
What relevant department would that be?

If you can’t excess them because of a shortcoming in technology then you need to allow the passenger to continue their journey without the excess, and tell your management why.

As a side note, those same T&Cs mention that, TOC depending, a penalty fare may be charged? It doesn’t seem to be very clear or explain it well

For the OP - T&Cs for advance tickets can be found here
Penalty Fares are never to be charged to customers who break their journey outside the terms of their ticket.
 
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An excess fare to a ticket which allows BoJ isn’t a “change of journey”.


What relevant department would that be?

If you can’t excess them because of a shortcoming in technology then you need to allow the passenger to continue their journey without the excess, and tell your management why.


Penalty Fares are never to be charged to customers who break their journey outside the terms of their ticket.
Fair point regarding change of journey, was merely asking as it’s open to interpretation. An excess is changing the ticket to suit the journey being made so could be seen as a change of journey but if you say that’s not the case then that’s all fine.

Im not sure what every other TOC calls their departments but DRPU would be, in my opinion, first port of call for this kind of thing, they’re not just there for prosecutions but to resolve all issues relating to revenue

Regarding tech/excessing/difficulties, I was speaking for a general perspective, I can and do, do it, it’s just not the easiest of tasks and you’re correct it should be simplified but, apart from report it and suggest improvements, there is little else I can do other than do my job correctly.

Being someone who doesn’t issue penalty fares I deal with things via excess as above, regular sale, TIR if need be, however my comment was point out that the T&Cs in the link above do state about penalty fares for not changing a journey in advance but, as you have said before doing an excess is not changing the journey so that point doesn’t really matter now.
 

elgoose

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Appeals are only available for penalty fares whereas this has been written up as a Travel Incident Report from your description. If you do get a letter then please post up a redacted copy and people can advise on a suitable response, until then any suggestions would be premature.

However, the linked thread covers the relevant sections of the National Conditions of Travel that apply to this and these would form the basis of any defence to accusations by Northern that you have committed an offence.
Hi,Screenshot 2024-07-08 at 19.43.04.png

I have just gotten home from my holiday to two letters from Northern. As I feared, the letter arrived whilst I was away and my fine has increased due to this. Please can you help and recommend what action I take from here. I am very panicked.
 

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Kite159

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You might want to take down the 2nd image as you have left your name on display in the "Dear Mr XX YY" field.
 

elgoose

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Hi,

I made a post a while back worrying about a letter with a fine not arriving before I went on holiday (https://www.railforums.co.uk/threads/letter-not-arrived-from-northern.269526/). My fears have come true and what would have been an £11.20 fine has now turned into a £111.20 one. Of course I would have been more than happy to cover the original fare, as I was in the wrong. Do I have any recourse for coming home just now and only just seeing the letter. I really cannot afford the extra £100 charge, I have evidence in photos that I was away and missed the letter (and also in the post I made here).
Please can someone advise as I am very panicked right now.

Letters I received are posted in my previous post.

Thanks!
 

30907

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You've left your name visible in #2.

Sadly, the original letter only asked you for the walk-up fare. I would consider contacting Northern, explaining the situation, and asking them to withdraw the second letter.

Or you could challenge the process as suggested upthread, if you are up for it. You should be able to PM @Kirkstall who is experienced in this area.
 

elgoose

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The link you quote is working for me from a desktop
the link is working, but when I input the Our Reference Number (on my letter) that is the message I'm getting back
Edit: I just noticed the site says "Prosecution, TIR or MG notices cannot be accepted." (mine has TIR in it).

How on earth can I appeal this then?!
 

elgoose

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Hi all,

I got a train about a month ago with a ticket from Leeds to Starbeck, however due to a change of plans I got on the train at Burley Park instead (the stop after Leeds, on the way to SB).
I foolishly thought that as I’d paid for a journey from Leeds, that I would be okay getting on one stop late. The revenue officer made it clear this was not allowed and that I would receive a letter asking me why I got on a stop late.

I then went on holiday a couple of weeks after the incident, with no such letter having arrived. I was worried about this and have dated evidence that this was a concern.
I have now come home to two letters - one dated the 17th of July asking for me to pay the full fare, which of course I would have done, but by the time this letter arrived I had left for my holiday.

Due to being away I did not see this letter, and a fixed penalty notice has come along with it (dated July 2nd) with an additional £100 charge.

I have photo and location evidence of being away, and written evidence that I had not yet received the first letter by the time I left home.

There is no appeal address with the letter, and the penalty services site won’t accept an appeal as the reference number contains TIR.

Please can someone help me with how to appeal this and contact Northern with my evidence of being on holiday.

Thanks so much, I am very distressed.
 

30907

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Hi all,

I got a train about a month ago with a ticket from Leeds to Starbeck, however due to a change of plans I got on the train at Burley Park instead (the stop after Leeds, on the way to SB).
I foolishly thought that as I’d paid for a journey from Leeds, that I would be okay getting on one stop late. The revenue officer made it clear this was not allowed and that I would receive a letter asking me why I got on a stop late.

I then went on holiday a couple of weeks after the incident, with no such letter having arrived. I was worried about this and have dated evidence that this was a concern.
I have now come home to two letters - one dated the 17th of July asking for me to pay the full fare, which of course I would have done, but by the time this letter arrived I had left for my holiday.

Due to being away I did not see this letter, and a fixed penalty notice has come along with it (dated July 2nd) with an additional £100 charge.

I have photo and location evidence of being away, and written evidence that I had not yet received the first letter by the time I left home.

There is no appeal address with the letter, and the penalty services site won’t accept an appeal as the reference number contains TIR.

Please can someone help me with how to appeal this and contact Northern with my evidence of being on holiday.

Thanks so much, I am very distressed.
There is a York phone number on the original notice, it can do no harm to try it in the morning.

Just to clarify, there is no appeals process as such for a TIR.
 

KirkstallOne

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Hi all,

I got a train about a month ago with a ticket from Leeds to Starbeck, however due to a change of plans I got on the train at Burley Park instead (the stop after Leeds, on the way to SB).
I foolishly thought that as I’d paid for a journey from Leeds, that I would be okay getting on one stop late. The revenue officer made it clear this was not allowed and that I would receive a letter asking me why I got on a stop late.

I then went on holiday a couple of weeks after the incident, with no such letter having arrived. I was worried about this and have dated evidence that this was a concern.
I have now come home to two letters - one dated the 17th of July asking for me to pay the full fare, which of course I would have done, but by the time this letter arrived I had left for my holiday.

Due to being away I did not see this letter, and a fixed penalty notice has come along with it (dated July 2nd) with an additional £100 charge.

I have photo and location evidence of being away, and written evidence that I had not yet received the first letter by the time I left home.

There is no appeal address with the letter, and the penalty services site won’t accept an appeal as the reference number contains TIR.

Please can someone help me with how to appeal this and contact Northern with my evidence of being on holiday.

Thanks so much, I am very distressed.
As others have mentioned, this is not a Penalty Fare, it is a Fixed Penalty Notice. Basically an offer of settlement otherwise they will take you to court for a railway byelaw offence.

However they are mistaken that you have committed an offence. The correct remedy for 'breaking a journey when not allowed' is to charge the excess between your ticket and a ticket that regularises your journey.

I think you have two options:

1) Write an apologise for missing their letter because you were on holiday. Say you be grateful if you could settle the matter for the £11.20 originally requested, you appreciate their understanding in the matter, there was a genuine confusion about the ticket validity etc.
2) Write and say you would like to pay the excess fare due to breaking your journey when not allowed which is the correct remedy as per section 9.5.3 of the National Conditions of Travel. You calculate this as £X (you will have to look up the various tickets)

If you go with option 2 you will probably need to make your case quite strongly, the key points are you were on the correct train for your ticket, you just broke your journey where not allowed by boarding at a mid-station.

You can email them on DRPU@Northernrailway.co.uk, make sure you quote the relevant case numbers etc so they know what it refers to.

This case is very similar:


And goes into some detail on the relevant sections of the NCoT so worth a read. As you can see it was not easy to get the Penalty Fares service to accept this.

Once you have drafted an email do post it up and people can offer some help to polish it.
 
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elgoose

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As others have mentioned, this is not a Penalty Fare, it is a Fixed Penalty Notice. Basically an offer of settlement otherwise they will take you to court for a railway byelaw offence.

However they are mistaken that you have committed an offence. The correct remedy for 'breaking a journey when not allowed' is to charge the excess between your ticket and a ticket that regularises your journey.

I think you have two options:

1) Write an apologise for missing their letter because you were on holiday. Say you be grateful if you could settle the matter for the £11.20 originally requested, you appreciate their understanding in the matter, there was a genuine confusion about the ticket validity etc.
2) Write and say you would like to pay the excess fare due to breaking your journey when not allowed which is the correct remedy as per section 9.5.3 of the National Conditions of Travel. You calculate this as £X (you will have to look up the various tickets)

If you go with option 2 you will probably need to make your case quite strongly, the key points are you were on the correct train for your ticket, you just broke your journey where not allowed by boarding at a mid-station.

You can email them on DRPU@Northernrailway.co.uk, make sure you quote the relevant case numbers etc so they know what it refers to.

This case is very similar:


And goes into some detail on the relevant sections of the NCoT so worth a read. As you can see it was not easy to get the Penalty Fares service to accept this.

Once you have drafted an email do post it up and people can offer some help to polish it.
How does this sound?

"Hello,

I am hoping that you would be so kind to advise on my situation. I am contacting you in regard to an incident that happened on the 08.01 service from Leeds to York on the 7th of June.

I was in possession of an Advance Single ticket from Leeds to Starbeck (that I will attach below) for the 08.01 service. However, due to a last minute change of plans, I happened to board the service one stop later at Burley Park at 08.06. I believed that since I had paid for my journey from Leeds that this would be okay, and I was on the same service that my ticket was for


I was stopped by a revenue officer who explained to me that this cannot be done on the ticket type I had, and I was extremely apologetic and was told to expect a letter in the post. I was fully cooperative and happy to pay for my mistake.


I waited for the letter and by the 19th of June it still had not arrived, with me leaving for a 2 week long holiday on June 20th. I was very anxious about it arriving whilst I was away, leaving the fine to increase (and I have attached evidence of this below). Unfortunately, this is what happened and I received a letter dated the 17th of June some time whilst I was away. This letter requested the original fare of £11.20, which I would have been happy to pay.

A second letter (dated June 2nd) then arrived whilst I was still on holiday, with an increased FPN of £100, bringing the total requested from me to £111.20.


I am very sorry to have missed these letters, it was out of my control. I would be extremely grateful if you were able to accept settling £11.20 as requested from the original letter, and to withdraw the second with the FPN of £100.


I have attached below location and dated evidence that I was away from my address for the two week period following the initial letter requesting £11.20, meaning I could not make the £11.20 payment within the 14 days of the first dated letter.



Thank you so much for your understanding,"


is it worth incuding any of this below? I don't really care about paying teh full £11.29 instead of an excess, I just want it over with. But wondering if it is worth them knowing that this has been issued by mistake from the start.


"I believe the usual process for this situation (breaking a journey when not allowed) would be a charge to myself for the excess between the ticket I was holding and the ticket that would have regulated my journey.

The National Rail Conditions of Travel quotes:

16.3 If you start, break or resume your journey at an intermediate station where you are not entitled to do so, you will be liable to pay an excess fare. The price for this will be the difference between the amount paid for the Ticket you hold and the lowest price Ticket available for immediate travel that would have entitled you to start, break or resume your journey at the station concerned

Therefore I believe an FPN has been issued to me by mistake, as I did have a ticket for the service I was on, but broke my journey - meaning I should only be covering the excess fare. "

Thank you so much for your help
 

KirkstallOne

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The letter seems fine to me. It could be tightened up a bit but comes across as genuine and has the key information. Make sure you clearly say what their reference number is for the incident / PFN as I don't see it currently. You may wish to hold off sending in case other posters have comments.

If they decline your offer to settle for £11.20 and insist on payment of the higher amount then you can respond with the argument about the NCoT if you wish to dispute it.
 

John R

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My inclination would be to send the letter as is, without the additional section. It would appear that the TOC has twigged that all it is entitled to is the amount due, judging by the first letter sent.

If they refuse, then I think the argument would go as follows. You were wrong to take my details, as the correct process would have been to excess the fare on the spot. If that had been done then none of your admin would have been required, and I wouldn't have been put in a position of missing a letter which arrived the day after I went on holiday.
 

KirkstallOne

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Good points @John R i was assuming £11.20 was the full fare but Burley Park to York is more than that so seems they have indeed realised their initial error.
 

elgoose

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Good points @John R i was assuming £11.20 was the full fare but Burley Park to York is more than that so seems they have indeed realised their initial error.
Sorry, I was travelling from BP to Starbeck. So this is the full fare.
My inclination would be to send the letter as is, without the additional section. It would appear that the TOC has twigged that all it is entitled to is the amount due, judging by the first letter sent.

If they refuse, then I think the argument would go as follows. You were wrong to take my details, as the correct process would have been to excess the fare on the spot. If that had been done then none of your admin would have been required, and I wouldn't have been put in a position of missing a letter which arrived the day after I went on holiday.
Thank you both for your helpful responses - you have helped me calm down significantly!

== Doublepost prevention - post automatically merged: ==

One more question - if it comes to it, does me simply sending an email requesting to appeal work as enough to start the 21 day appeal process - or will I have to pay the fine within the week and hope they would refund me? Just as i cannot appeal through official channels as it's a TIR.
 

John R

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If you know the correct email address to send it to then I would get that sent off asap. You have 14 days from the 2nd July, so a few days yet.
 

KirkstallOne

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One more question - if it comes to it, does me simply sending an email requesting to appeal work as enough to start the 21 day appeal process - or will I have to pay the fine within the week and hope they would refund me? Just as i cannot appeal through official channels as it's a TIR.
There is no appeals process. This is a negotiation hoping to reach an out of court settlement so don't get hung up on Northern saying you must do X by Y.
 

AlbertBeale

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How does this sound?

"Hello,

I am hoping that you would be so kind to advise on my situation. I am contacting you in regard to an incident that happened on the 08.01 service from Leeds to York on the 7th of June.

I was in possession of an Advance Single ticket from Leeds to Starbeck (that I will attach below) for the 08.01 service. However, due to a last minute change of plans, I happened to board the service one stop later at Burley Park at 08.06. I believed that since I had paid for my journey from Leeds that this would be okay, and I was on the same service that my ticket was for


I was stopped by a revenue officer who explained to me that this cannot be done on the ticket type I had, and I was extremely apologetic and was told to expect a letter in the post. I was fully cooperative and happy to pay for my mistake.


I waited for the letter and by the 19th of June it still had not arrived, with me leaving for a 2 week long holiday on June 20th. I was very anxious about it arriving whilst I was away, leaving the fine to increase (and I have attached evidence of this below). Unfortunately, this is what happened and I received a letter dated the 17th of June some time whilst I was away. This letter requested the original fare of £11.20, which I would have been happy to pay.

A second letter (dated June 2nd) then arrived whilst I was still on holiday, with an increased FPN of £100, bringing the total requested from me to £111.20.


I am very sorry to have missed these letters, it was out of my control. I would be extremely grateful if you were able to accept settling £11.20 as requested from the original letter, and to withdraw the second with the FPN of £100.


I have attached below location and dated evidence that I was away from my address for the two week period following the initial letter requesting £11.20, meaning I could not make the £11.20 payment within the 14 days of the first dated letter.



Thank you so much for your understanding,"


is it worth incuding any of this below? I don't really care about paying teh full £11.29 instead of an excess, I just want it over with. But wondering if it is worth them knowing that this has been issued by mistake from the start.


"I believe the usual process for this situation (breaking a journey when not allowed) would be a charge to myself for the excess between the ticket I was holding and the ticket that would have regulated my journey.

The National Rail Conditions of Travel quotes:

16.3 If you start, break or resume your journey at an intermediate station where you are not entitled to do so, you will be liable to pay an excess fare. The price for this will be the difference between the amount paid for the Ticket you hold and the lowest price Ticket available for immediate travel that would have entitled you to start, break or resume your journey at the station concerned

Therefore I believe an FPN has been issued to me by mistake, as I did have a ticket for the service I was on, but broke my journey - meaning I should only be covering the excess fare. "

Thank you so much for your help

How was a letter dated 2 June a "second letter" following one dated 17 June?

Also - unless the amount originally asked for, and hitherto unpaid, is the correct amount in this situation (ie paying the difference etc), then there's nothing on which to base a prosecution, surely (since they're trying to claim the wrong amount), hence an out-of-court settlement isn't appropriate. Wouldn't the best approach be to send a payment for whatever the correct charge would have been if the situation had been dealt with correctly at the time by way of an excess, quoting the regulation concerned?
 

elgoose

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How was a letter dated 2 June a "second letter" following one dated 17 June?

Also - unless the amount originally asked for, and hitherto unpaid, is the correct amount in this situation (ie paying the difference etc), then there's nothing on which to base a prosecution, surely (since they're trying to claim the wrong amount), hence an out-of-court settlement isn't appropriate. Wouldn't the best approach be to send a payment for whatever the correct charge would have been if the situation had been dealt with correctly at the time by way of an excess, quoting the regulation concerned?
Apologies, it was meant to read 2nd July.

What is my best course of action if I don't get a response by Monday (14 days after the FPN £111.20 letter)? It says that if I do not pay this amount by this date then they will take legal action and add on another £150 for legal costs. I do not want to risk this becoming worse than it already is, so would it be wise for me to pay the £111.20, then bring my case about it being completely wrong from the start, and request the money back?

Or do I just not pay at all.
 

AlbertBeale

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Apologies, it was meant to read 2nd July.

What is my best course of action if I don't get a response by Monday (14 days after the FPN £111.20 letter)? It says that if I do not pay this amount by this date then they will take legal action and add on another £150 for legal costs. I do not want to risk this becoming worse than it already is, so would it be wise for me to pay the £111.20, then bring my case about it being completely wrong from the start, and request the money back?

Or do I just not pay at all.

In your situation, I would send them the amount of excess they should have charged you, with a clear explanation of why they're trying to charge you the wrong amount.

In other words, the price of a ticket that would have allowed that break of journey, minus the price of the ticket you did have. That, presumably would regularise the situation?
 
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