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need advice regarding penalty fare

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Hi, I was travelling from Hythe (Essex) to Shenfield and received a penalty fare for not having a valid ticket. As a result, I had to pay for a single ticket w my card, and afterwards the ticket inspector asked for my details. I panicked and just gave him a short form of my first name and a student accommodation address, but named a different flat and house number. I am graduating this year and moving out of my accommodation in june. Considering the circumstances, is it worth not paying the fine, appealing the fine (if so, what do I say), or should I just pay it?
Any advice would be appreciated. Thanks!
 
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WesternLancer

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Hi, I was travelling from Hythe (Essex) to Shenfield and received a penalty fare for not having a valid ticket. As a result, I had to pay for a single ticket w my card, and afterwards the ticket inspector asked for my details. I panicked and just gave him a short form of my first name and a student accommodation address, but named a different flat and house number. I am graduating this year and moving out of my accommodation in june. Considering the circumstances, is it worth not paying the fine, appealing the fine (if so, what do I say), or should I just pay it?
Any advice would be appreciated. Thanks!
we need to see exactly what you were issued with to give correct advice (some people get given things they think are Penalty Fares but in fact are more serious) - remove your personal details from an image of whatever paperwork you were given and upload it here.

If this was a Penalty Fare it is the least worst sanction you could have been issued with - if you don't pay it it will escalate and eventually it will get to court (by which time the £50 sum you could pay now will have escalated significantly) and eventually that debt will be handed over to bailiffs. Bailiffs are good at finding people - they would probably eventually turn up at your student accommodation where I would imagine the student accommodation provider or landlord will be able to trace you and will probably be happy to get rid of the bailiffs by handing over whatever permanent address details is on your student accommodation contract

The bailiffs will then turn up at that address potentially - maybe your family address. By the time this happens the sum you will be required to pay will be hundreds of pounds I would estimate. Bailiffs acting on behalf of courts are good at finding people and getting money owed.

So it just depends on your risk for any of that happening and if you want to chance it.....

or you could pay the £50 prompt payment discounted Penalty Fare sum to close the matter down now for the least cost

I'd pay the £50 myself.

Hoping this will just go away, is, in my view - not a good idea

Separately you may have a basis to Appeal the Penalty Fare - but giving a false address to the railway is technically a separate (more serious) offence, albeit I don't think one we see often if ever prosecuted for - so an Appeal might draw attention to that which could be unwise.
 

z444z

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To help we need to see whatever paperwork you’ve been given - don’t forget to redact personal details.

Did you give a short form of your first name and your correct last name?
 
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To help we need to see whatever paperwork you’ve been given - don’t forget to redact personal details.

Did you give a short form of your first name and your correct last name?
Hi, thank you for answering :).
Wanted to quickly add that i’d prefer not paying the penalty if it is possible, or maybe appealing, but worst case I can pay the penalty. Also please see attached paperwork that i’ve received.
The ticket inspector asked me for my first name and last name. I have an eastern european name on my BRP but i use a different form/version of it so it’s easier for people to understand. When I was giving the details to ticket inspector I could clearly see that he wasn’t writing my last name down or wrote it completely wrong, and at the end he just asked me what my name was and asked to do a signature
 

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Joined
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we need to see exactly what you were issued with to give correct advice (some people get given things they think are Penalty Fares but in fact are more serious) - remove your personal details from an image of whatever paperwork you were given and upload it here.

If this was a Penalty Fare it is the least worst sanction you could have been issued with - if you don't pay it it will escalate and eventually it will get to court (by which time the £50 sum you could pay now will have escalated significantly) and eventually that debt will be handed over to bailiffs. Bailiffs are good at finding people - they would probably eventually turn up at your student accommodation where I would imagine the student accommodation provider or landlord will be able to trace you and will probably be happy to get rid of the bailiffs by handing over whatever permanent address details is on your student accommodation contract

The bailiffs will then turn up at that address potentially - maybe your family address. By the time this happens the sum you will be required to pay will be hundreds of pounds I would estimate. Bailiffs acting on behalf of courts are good at finding people and getting money owed.

So it just depends on your risk for any of that happening and if you want to chance it.....

or you could pay the £50 prompt payment discounted Penalty Fare sum to close the matter down now for the least cost

I'd pay the £50 myself.

Hoping this will just go away, is, in my view - not a good idea

Separately you may have a basis to Appeal the Penalty Fare - but giving a false address to the railway is technically a separate (more serious) offence, albeit I don't think one we see often if ever prosecuted for - so an Appeal might draw attention to that which could be unwise.
Hi, i appreciate the advice and tbf i don’t have a problem paying the penalty fare, its just id prefer not doing it if i could dykwim. Also please see the attached fine i received.
Regarding the incorrect address, i gave the ticket inspector a correct student accommodation address, and when he was having troubles writing it, i corrected him multiple times. I saw he wrote a different room number and i didn’t realise it in the moment because i was rly stressed.

== Doublepost prevention - post automatically merged: ==

Exactly what did you pay at the time and to who?
a ticket inspector on the train asked me to pay a single ticket price for the Hythe-Shenfield journey since i was traveling without one. and issued me a fine (please see other comments where i have attached the stuff i received)
 

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AlterEgo

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They've messed up then. They can't do both. The penalty fare cannot stand and you should appeal and show evidence of the new ticket you were sold with the penalty warning on it.
 
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They've messed up then. They can't do both. The penalty fare cannot stand and you should appeal and show evidence of the new ticket you were sold with the penalty warning on it.
Could you please expand on this? This situation never happened to me before and I’m not sure how to appeal properly re what you have said. Thanks!
 

z444z

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Could you please expand on this? This situation never happened to me before and I’m not sure how to appeal properly re what you have said. Thanks!
They’ve sold you a new ticket AND issued a penalty fare. They aren’t allowed to do both.
 

WesternLancer

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They’ve sold you a new ticket AND issued a penalty fare. They aren’t allowed to do both.
Have they though? The £18.90 is detailed on that penalty fare notice.

Is the op saying they paid for that part of it and were given a ticket.
 

z444z

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Additionally at 17:57 the train had not yet called at Ingatestone. The penalty fare should have been issued to there unless you specifically requested it to Shenfield. This means the fare element is incorrect at £18.90 instead of £15.70.

Multiple reasons this should be cancelled. Incompetence or trying to get as much money as possible?
 

WesternLancer

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Hi, thank you for answering :).
Wanted to quickly add that i’d prefer not paying the penalty if it is possible, or maybe appealing, but worst case I can pay the penalty. Also please see attached paperwork that i’ve received.
The ticket inspector asked me for my first name and last name. I have an eastern european name on my BRP but i use a different form/version of it so it’s easier for people to understand. When I was giving the details to ticket inspector I could clearly see that he wasn’t writing my last name down or wrote it completely wrong, and at the end he just asked me what my name was and asked to do a signature
By BRP do you mean you are not a uk citizen so maybe an overseas student?
If this escalates to court you might find some sort of problem getting back into the uk if you have an outstanding court fine unpaid.

So your options are either pay this or submit an appeal with help from here, using the appeal info on the papers you have uploaded.
 

AlterEgo

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Have they though? The £18.90 is detailed on that penalty fare notice.

Is the op saying they paid for that part of it and were given a ticket.
No, they have paid £18.90, it is the ticket marked "Penalty Fare Warning" (ticket sold by staff to passengers with a warning, basically, which authorises travel).

They have subsequently been issued a Penalty Fare. That is unlawful, given the staff had literally just sold them a ticket.
 
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No, they have paid £18.90, it is the ticket marked "Penalty Fare Warning" (ticket sold by staff to passengers with a warning, basically, which authorises travel).

They have subsequently been issued a Penalty Fare. That is unlawful, given the staff had literally just sold them a ticket.
Yes this is correct. The ticket inspector told me i have to pay for the ticket, and on top of that also gave me a penalty fare

== Doublepost prevention - post automatically merged: ==

By BRP do you mean you are not a uk citizen so maybe an overseas student?
If this escalates to court you might find some sort of problem getting back into the uk if you have an outstanding court fine unpaid.

So your options are either pay this or submit an appeal with help from here, using the appeal info on the papers you have uploaded.
Yes that is correct. I will try to appeal using the information from this thread. Also to answer your previous message, the ticket inspector asked me where i’m traveling to and i said Shenfield. He issued me a single ticket for which i paid right there and then using my credit card. On top of that the ticket inspector also issued me a penalty fare notice. Does this mean I can appeal? I am still unsure as there seems to be some confusion about this here in the comments
 
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z444z

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Yes this is correct. The ticket inspector told me i have to pay for the ticket, and on top of that also gave me a penalty fare
They can’t do that, it’s one or the other. You absolutely have a valid appeal.
Yes that is correct. I will try to appeal using the information from this thread.
Draft something and we can help improve it. I wouldn’t recommend just submitting it without having us look it over.
 

WesternLancer

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Yes this is correct. The ticket inspector told me i have to pay for the ticket, and on top of that also gave me a penalty fare

== Doublepost prevention - post automatically merged: ==


Yes that is correct. I will try to appeal using the information from this thread. Also to answer your previous message, the ticket inspector asked me where i’m traveling to and i said Shenfield. He issued me a single ticket for which i paid right there and then using my credit card. On top of that the ticket inspector also issued me a penalty fare notice. Does this mean I can appeal? I am still unsure as there seems to be some confusion about this here in the comments
Write up your appeal wording here for people to check before you submit the appeal on line. That way you can get the wording as good as it can be.
 
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They can’t do that, it’s one or the other. You absolutely have a valid appeal.

Draft something and we can help improve it. I wouldn’t recommend just submitting it without having us look it over.
Thank you, I really appreciate the help. I will proceed with drafting the appeal now, but also I wanted to share what my friend told me regarding this.

“Man to be honest with you if you appeal it will likely get rejected. If you look at the Penalty Fare Notice (the long receipt) near the bottom it breaks down the math:
Penalty Amount: £100.00
Full Single Applicable Fare: £18.90
Paid: £18.90
Owing: £100.00

The £18.90 ticket they gave you isn't a separate warning ticket that denies the fine. It is the literal receipt and travel permission for the “Paid £18.90” line on the Penalty Fare Notice itself. By law, a Penalty Fare consists of the fine plus the full single fare for the journey. Since you paid the fare portion on the spot they printed a ticket so you could get through the barriers at Shenfield.”
 

WesternLancer

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Thank you, I really appreciate the help. I will proceed with drafting the appeal now, but also I wanted to share what my friend told me regarding this.

“Man to be honest with you if you appeal it will likely get rejected. If you look at the Penalty Fare Notice (the long receipt) near the bottom it breaks down the math:
Penalty Amount: £100.00
Full Single Applicable Fare: £18.90
Paid: £18.90
Owing: £100.00

The £18.90 ticket they gave you isn't a separate warning ticket that denies the fine. It is the literal receipt and travel permission for the “Paid £18.90” line on the Penalty Fare Notice itself. By law, a Penalty Fare consists of the fine plus the full single fare for the journey. Since you paid the fare portion on the spot they printed a ticket so you could get through the barriers at Shenfield.”
No disrespect to your friend. But I doubt they know more than the penalty fare experts on this forum.

I’m sure someone will be along in a bit to explain whether your friend is right or wrong and explain either way.
 
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No disrespect to your friend. But I doubt they know more than the penalty fare experts on this forum.

I’m sure someone will be along in a bit to explain whether your friend is right or wrong and explain either way.
Nah yeah, I get that. Also please see what I have drafted: (I will also insert tickets number and other information in the final draft as I am not sure if it is counted as “Personal Information”)

Hello,

I am writing to formally appeal the Penalty Fare Notice referenced above, as I believe there has been an error in how it was issued.

When I was stopped by the inspector, I immediately paid the full single fare of £18.90 for my journey to Shenfield by bank card. After this payment, the inspector handed me a physical ticket. This ticket is clearly printed with the words Penalty Warning and explicitly states that it authorises me to travel to Shenfield. But, at the same time, I was also issued a Penalty Fare Notice for £100.00 for having “No ticket."

My understanding is that under the regulations, an inspector cannot simultaneously sell a passenger a valid ticket that authorises travel and issue a penalty fare for not having one. Because the railway accepted my payment and issued me a ticket authorising my journey, the subsequent £100 penalty denies this and should be invalid.

I have attached photos of both the Penalty Fare Notice and the travel ticket I was sold as evidence of this dispute. Given these circumstances, I kindly request that this Penalty Fare is cancelled.
 

z444z

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Thank you, I really appreciate the help. I will proceed with drafting the appeal now, but also I wanted to share what my friend told me regarding this.
Why would your friend know? Genuine question.
The £18.90 ticket they gave you isn't a separate warning ticket that denies the fine.
I’m not sure what this means, there is no “fine” being discussed, but the QR code ticket absolutely is separate from the penalty fare. A penalty fare notice is in itself an authority to travel to the destination on it. It says as much on the piece of paper.
It is the literal receipt and travel permission for the “Paid £18.90” line on the Penalty Fare Notice itself.
I think the member of staff has made a mistake here. By selling you a separate ticket they’ve disposed of the issue that way and can no longer issue a penalty fare, whether or not they discount the penalty fare by the amount you’ve paid.

Regardless, the penalty fare is additionally non-compliant because it wasn’t issued to the next station.
 
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Why would your friend know? Genuine question.

I’m not sure what this means, there is no “fine” being discussed, but the QR code ticket absolutely is separate from the penalty fare. A penalty fare notice is in itself an authority to travel to the destination on it. It says as much on the piece of paper.

I think the member of staff has made a mistake here. By selling you a separate ticket they’ve disposed of the issue that way and can no longer issue a penalty fare, whether or not they discount the penalty fare by the amount you’ve paid.

Regardless, the penalty fare is additionally non-compliant because it wasn’t issued to the next station.
Tbh I don’t think my friend knows anything about it. I just asked him because he’s a law student so thought he might give me some insight from that perspective.

Also i’m pretty new to this forum and don’t know how to reply to specific messages directly, and didn’t know how to tag you when sharing my draft for the appeal. Could you please let me know if the draft needs any changes? Thanks!
 

z444z

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I've made some edits, see below. If you aren't sure how to fill in the bit in bold you can just explain in detail what happened and I'll try to put it into the right words.
PENALTY FARE REFERENCE NUMBER: [INSERT]

Hello,

I am writing to appeal the Penalty Fare Notice referenced above, as I believe it has not been issued correctly.

When I was stopped by the inspector, [make it clearer exactly what happened - did the inspector offer to sell you a ticket?] After this payment, the inspector handed me a physical ticket. But immediately after I was also issued a Penalty Fare Notice for for having “No ticket."

My understanding is that an inspector cannot both sell a ticket AND issue a penalty fare for not having one. Because the inspector sold me a ticket authorising me to travel, the penalty fare should not have been issued.

Additionally, the next stop was Ingatestone, but the penalty fare was issued all the way to Shenfield. This means that the fare charged was not in accordance with The Regulations and therefore the penalty fare is additionally invalid on this basis.

I have attached photos of both the Penalty Fare Notice and the travel ticket I was sold. Given these circumstances, I kindly request that this Penalty Fare is cancelled.
 
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Additionally, the next stop was Ingatestone, but the penalty fare was issued all the way to Shenfield.
Shenfield was indeed my final destination and that’s what I told the ticket inspector.

If you aren't sure how to fill in the bit in bold you can just explain in detail what happened

I feel like it will be easier if I describe it here and you can insert and redact it how you think fits. Also thanks for helping, I appreciate it.

The inspector came up to me and asked for a ticket. I told him I don’t have one. Then he asked me where did I board and what was my destination. As I was panicking, at first I said I boarded at Colchester but later confessed that I actually got a train from Hythe a that I was going to Shenfield. The ticket inspector then told me he will issue me a single ticket, which I paid for with my card there and then. After paying for the ticket, the ticket inspector said that since I traveled without a valid ticket, he will issue a penalty fare notice and started explaining that I have to pay until a certain date or the price will increase, and that I can also appeal. He then printed the long penalty fare notice and marked with his pen the instructions on how to appeal.
 

z444z

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Shenfield was indeed my final destination and that’s what I told the ticket inspector.
The regulations require that the penalty fare is issued to the next station unless the passenger requests otherwise. Appeals on this basis are not always successful (even when they very clearly should be) but it’s worth a go.
I feel like it will be easier if I describe it here and you can insert and redact it how you think fits. Also thanks for helping, I appreciate it.
Makes sense, I’ll get to this in the afternoon or evening! And no problem :)
 
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The regulations require that the penalty fare is issued to the next station unless the passenger requests otherwise. Appeals on this basis are not always successful (even when they very clearly should be) but it’s worth a go.

Makes sense, I’ll get to this in the afternoon or evening! And no problem :)
Also quick question. In case the appeal fails, will there be any consequences? Will I still be able to pay the £50 penalty fare notice if paid by the required date?
 

z444z

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Also quick question. In case the appeal fails, will there be any consequences? Will I still be able to pay the £50 penalty fare notice if paid by the required date?
Yes. The 21 days to pay doesn’t include any time spent on the appeal - basically the clock is stopped while an appeal is processed.

There are three stages of appeal and it’s often necessary to use them all to get an invalid penalty fare cancelled.

== Doublepost prevention - post automatically merged: ==

See below - others may have suggestions to improve and you’ve got plenty of time until the deadline to submit an appeal, give it at least until Monday for others to weigh in.
PENALTY FARE REFERENCE NUMBER: [INSERT]

Hello,

I am writing to appeal the Penalty Fare Notice referenced above, as I believe it has not been issued correctly.

When the inspector asked for my ticket and I told him I didn’t have one, he asked for my origin and destination and told me he would sell me a ticket. I made payment via card and was given the ticket, but then immediately after he said he was also going to issue a penalty fare for not having an ticket, and gave me this Penalty Fare Notice.

My understanding is that an inspector cannot both sell a ticket AND issue a penalty fare. Because the inspector sold me a ticket authorising me to travel, the penalty fare should not have been issued.

Additionally, the next stop was Ingatestone, but the penalty fare was issued all the way to Shenfield. This means that the penalty fare charged was not in accordance with The Regulations and therefore the penalty fare is additionally invalid on this basis.

I have attached photos of both the Penalty Fare Notice and the travel ticket I was sold. Given these circumstances, I kindly request that this Penalty Fare is cancelled.
 
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