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Missed stop - Dispute Advice Needed

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HuyTran213

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Belvedere
I made a journey from London Euston to Coventry, but I missed my stop at Coventry and stayed on until the next station, which was Canley. However while the train was running to Canley, an inspector checked my ticket and issued a fine because my ticket only valid at Coventry.

The fine asked me to pay £50 plus £3.10, so I assumed that I got fined because I didn't have a ticket from Canley back to Coventry? I didn't have the chance to talk to the inspector or buy a return ticket because I was in a hurry to get off the train.

I already made a first dispute and it got declined with this comment: "The transport user is required to show on request a valid ticket. The journey for which a ticket is valid is clear on purchase. Whilst I acknowledge that you had accidentally missed your intended stop, it remains the responsibility of the passenger to ensure that they alight at the correct station to which their ticket is valid."

Any advice on how I can dispte please? Many thanks

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methecooldude

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Prima facie, there is no avenue of appeal that would work that I can see. I take the assumption that the train did indeed stop at Coventry and you indeed just missed it.
The value is correct £3.10 being the same price as a single from COV to CNL (yea, the off-peak return is the same price), the reasoning is correct. I think will need to be chalked as a leaning experience
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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On what grounds are you hoping to dispute the penalty fare? What did your previous appeal say? You can't just say "I would not like to pay it because it's unfair", you need to demonstrate that it was unlawfully issued and provide grounds to support it.

On the face of it, it has been lawfully issued for the reason that you travelled beyond the validity of your ticket and I do not think these facts are in dispute?
 

HuyTran213

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On what grounds are you hoping to dispute the penalty fare? What did your previous appeal say? You can't just say "I would not like to pay it because it's unfair", you need to demonstrate that it was unlawfully issued and provide grounds to support it.

On the face of it, it has been lawfully issued for the reason that you travelled beyond the validity of your ticket and I do not think these facts are in dispute?
Thanks for the response. I was going to appeal again and will explain that I didn't have the opportunity to buy a new return ticket in time (which was indeed true, as the moment I realised I missed my stop and stood up, I got my ticket checked). Do you think this is a valid ground to support it?
 

Egg Centric

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Thanks for the response. I was going to appeal again and will explain that I didn't have the opportunity to buy a new return ticket in time (which was indeed true, as the moment I realised I missed my stop and stood up, I got my ticket checked). Do you think this is a valid ground to support it?

No. The valid grounds are:


(a)the penalty fare was not charged in accordance with the requirements of these Regulations;

(b)the appellant is not the person liable for the payment of the penalty fare;

(c)the appellant owns a season ticket valid for the journey in question but was not in possession of the season ticket at the time the penalty fare was charged; or

(d)there are compelling reasons why, in the particular circumstances of the case, the appellant should not be liable to pay the penalty fare.

Most succesful appeals are on (a).

You could always *try* the compelling reasons ground, if you are going to do this then you had best have iron clad evidence you made your way back to Coventry immediately afterwards such as another ticket - do you have any?
 

AlterEgo

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Thanks for the response. I was going to appeal again and will explain that I didn't have the opportunity to buy a new return ticket in time (which was indeed true, as the moment I realised I missed my stop and stood up, I got my ticket checked). Do you think this is a valid ground to support it?
This is not likely the be valid grounds for appeal but there is no cost to appealing nor any real downside.

What did your first appeal state?
 

HuyTran213

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No. The valid grounds are:




Most succesful appeals are on (a).

You could always *try* the compelling reasons ground, if you are going to do this then you had best have iron clad evidence you made your way back to Coventry immediately afterwards such as another ticket - do you have any?
I did make my way back to Coventry immediately afterwards, but was annoyed by the fine so I didn't think of buying a return ticket...

== Doublepost prevention - post automatically merged: ==

No. The valid grounds are:




Most succesful appeals are on (a).

You could always *try* the compelling reasons ground, if you are going to do this then you had best have iron clad evidence you made your way back to Coventry immediately afterwards such as another ticket - do you have any?
I did make my way back to Coventry immediately afterwards, but was annoyed by the fine so I didn't think of buying a return ticket...

== Doublepost prevention - post automatically merged: ==

This is not likely the be valid grounds for appeal but there is no cost to appealing nor any real downside.

What did your first appeal state?
In my first appeal, I simply stated that I missed my stop and took a return train to Coventry immediately afterwards (thinking this appeal would be successful because it's a common-sense, human error).
 
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methecooldude

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In my first appeal, I simply stated that I missed my stop and took a return train to Coventry immediately afterwards (thinking this appeal would be successful because it's a common-sense, human error).
So your appeal was based on "its unfair", that appeal was rejected as it does not show how the penalty fare, which is meant for basic mistakes such as this, does not meet the requirements as laid down in law.

"I missed my stop but got a new ticket and went back straight away" is not a defence which will work at all
 

HuyTran213

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So your appeal was based on "its unfair", that appeal was rejected as it does not show how the penalty fare, which is meant for basic mistakes such as this, does not meet the requirements as laid down in law.

"I missed my stop but got a new ticket and went back straight away" is not a defence which will work at all
Yeah I quickly realised that now. Thank you anyway
 

tatitiliti

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I made a journey from London Euston to Coventry, but I missed my stop at Coventry and stayed on until the next station, which was Canley. However while the train was running to Canley, an inspector checked my ticket and issued a fine because my ticket only valid at Coventry.

The fine asked me to pay £50 plus £3.10, so I assumed that I got fined because I didn't have a ticket from Canley back to Coventry? I didn't have the chance to talk to the inspector or buy a return ticket because I was in a hurry to get off the train.

I already made a first dispute and it got declined with this comment: "The transport user is required to show on request a valid ticket. The journey for which a ticket is valid is clear on purchase. Whilst I acknowledge that you had accidentally missed your intended stop, it remains the responsibility of the passenger to ensure that they alight at the correct station to which their ticket is valid."

Any advice on how I can dispte please? Many thanks

View attachment 191714View attachment 191715
I’m afraid it appears to be correctly issued technically and you did not have a valid ticket between the final two stations of your journey. At least you weren’t reported for prosecution as it could look like a case of short faring… I think you have to just pay it. But by all means start the appeals process even though it’s unlikely to work, as it stops the clock on prosecution.

The only thing I can think of is: does RealTimeTrains show that particular service leaving Coventry a fraction of a minute early?
 

Trainguy34

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The only thing I can think of is: does RealTimeTrains show that particular service leaving Coventry a fraction of a minute early?

Unfortunately not, it appears to have left at 14:15 on the dot.
 

tatitiliti

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HuyTran213

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I’m afraid it appears to be correctly issued technically and you did not have a valid ticket between the final two stations of your journey. At least you weren’t reported for prosecution as it could look like a case of short faring… I think you have to just pay it. But by all means start the appeals process even though it’s unlikely to work, as it stops the clock on prosecution.

The only thing I can think of is: does RealTimeTrains show that particular service leaving Coventry a fraction of a minute early?

Unfortunately not, it appears to have left at 14:15 on the dot.
Thanks for looking into it guys, looks like a losing case now
 

blimmo

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The thing that's particularly sad about this is that the fares to Coventry and to Canley are generally the same (although since it's an advance possibly not) so there was very little possible advantage to be gained and that the journey time is less than 5 mins.
"I missed my stop but got a new ticket and went back straight away" is not a defence which will work at all
Although perhaps it should be...

At least it is only a penalty fare and not prosecution!
 

AlterEgo

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I assumed that the £3.10 in my fine was the return ticket price from Canley back to Cov?
No, there penalty fare authorises you only to the destination, as it days on the front of the notice.

== Doublepost prevention - post automatically merged: ==

The only thing I can think of is: does RealTimeTrains show that particular service leaving Coventry a fraction of a minute early?
What relevance would this have?
 

tatitiliti

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No, there penalty fare authorises you only to the destination, as it days on the front of the notice.

== Doublepost prevention - post automatically merged: ==


What relevance would this have?
It could reasonably be argued that OP couldn’t make it to the doors on time if it left slightly early.
 

furlong

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Firstly how much did you pay for the original ticket?
- We need to compare this with the equivalent fare for the complete journey made.

Secondly, a Penalty Fare issued on board makes no allowance for any ticket already held and must be issued and priced from the "boarding station" - in this case Euston.
See 9(1A)(a), 9(2A) and 9(3)(a).
Consequently I'd suggest it was not issued in accordance with the regulations and you should appeal under 17(2)(b), 16(3)(a) and the panel should uphold your appeal under 17(4).
Repeat the "unfair" argument as well under 16(3)(d) particularly if the correct throughout fare was similar or even identical.
Throw in a mention of the ORR's recent review into these practices.
 

Egg Centric

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The thing that's particularly sad about this is that the fares to Coventry and to Canley are generally the same (although since it's an advance possibly not) so there was very little possible advantage to be gained and that the journey time is less than 5 mins.
IMO that would make the "compelling reasons" appeal strategy marginally more likely to work, although I wouldn't want to put a % figure on it. If the OP is interested I do agree it's worth trying combined with the one already identified if she posts her proposed appeal up here for us to see.
 

Mcr Warrior

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It could reasonably be argued that OP couldn’t make it to the doors on time if it left slightly early.
Wasn't the train in question stood at platform 3 at Coventry for maybe a couple of minutes, before only then continuing onwards?
 

Sun Chariot

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It could reasonably be argued that OP couldn’t make it to the doors on time if it left slightly early.
To confirm the post by @Mcr Warrior
Attached is the OP's train's two and three-quarter minutes of dwell time at Coventry. Hardly argument of insufficient time for a perpared person to disembark.

I assumed that the £3.10 in my fine was the return ticket price from Canley back to Cov?
But surely that contradicts your post 7 comment: HuyTran213 said:
I did make my way back to Coventry immediately afterwards, but was annoyed by the fine so I didn't think of buying a return ticket...

"I missed my stop but got a new ticket and went back straight away" is not a defence which will work at all
The OP's already stated in posts 1, 4 and 7, that they didn't buy a valid ticket for their trip from Canley back to Coventry, either
 

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