To ensure fairness and consistency in the decision-making process, appeals are considered in conjunction
with a code of practice. The statements submitted on behalf of the passenger and the train company will
both be taken into account by an experienced assessor to determine the appeal outcome. More information
about how appeals are decided is available on our homepage at
www.penaltyservices.co.uk.
Many rail users consider penalty fares to be an accusation of fare avoidance but this is not the case at
all. A Penalty Fare is simply a higher fare which may be issued under The Penalty Fares Rules and
Regulations by a member of staff who is licensed to act on behalf of a train operating company which
issues penalty fares. Penalty fare warning posters are on display at every penalty fares station (as required
under Regulation 8) advising customers of the consequences for boarding a penalty fares train without a
valid ticket or other authority to travel in their possession.
The National Rail Conditions of Travel (NRCoT) advise that where the facility to buy a ticket exists prior to
boarding, passengers should pay the correct fare for their entire journey before they travel and produce for
inspection a valid ticket as evidence of their right to make a journey on the relevant train, otherwise they
may be liable to pay a Penalty Fare Notice.
I understand the Railcard required to validate the discount applied to the ticket produced for inspection was
found to be out of date.
In accordance with the NRCoT, passengers must produce at the request of staff or agent acting on behalf
of the train company, a valid photocard, Railcard or any other necessary documentation to support the
validity of the ticket offered for travel. If unable to do so, they will be treated as having joined the train
without a ticket and may be liable to a Penalty Fare Notice.
Ordinarily, where a Railcard and accompanying Photocard cannot be produced to validate a ticket bought
with Railcard discount applied at the time ticket inspection takes place, an appeal will be declined. This is
because the terms and conditions relating to the use of a Railcard specify that valid documentation must be
produced for inspection when required. Unfortunately, the National Rail Conditions of Travel do not
facilitate the production of a valid Railcard after ticket inspection has taken place.
Although there are circumstances where we would accept an appeal from a rail user who did not have a
valid Railcard in their possession (such as where a member of staff had sold a ticket with Railcard discount
applied immediately prior to travel), where discount has been applied to a ticket directly by a passenger,
either online or at the ticket vending machine, the responsibility to carry and produce a valid Railcard for
inspection becomes the passenger's alone
As a valid Railcard was unavailable for inspection at the time of travel, and there is no evidence to support
the discount having been applied erroneously by staff, I'm afraid it has been concluded that the Penalty
Fare Notice should stand.
Penalty Services does not employ the personnel who are licensed to issue penalty fares and we have no
authority to handle any staff or service complaints. To enable this part of your letter to be addressed by the
appropriate body, please contact the train company's customer services team.
Having taken into consideration all the points raised to date, we regret to advise that your appeal has been
unsuccessful. It is your right to re-appeal this decision. Any further appeal will be considered by a different
appeal assessor. If re-appealing, please give the reason(s) why you are appealing against this decision and
also mention any additional circumstances you would like taken into account. A further appeal should be
submitted by post to: Penalty Services, 12 Deben Mill Business Centre, Old Maltings Approach,
Woodbridge, IP12 1BL. or through our website at
www.penaltyservices.co.uk/make-an-appeal/ within 14
days of the date this letter was received.
If you choose not to re-appeal and have not already paid your Penalty Fare Notice, you should pay any
outstanding debt. Failure to pay can mean that the time allowed to pay the reduced amount for the Penalty
Fare can run out making the amount of the Penalty Fare £100 plus the price of the full single fare
applicable and further delays in payment may result in administration fees being added by the train
company or its debt recovery agency.
Please also be aware that if you do not re-appeal this decision or pay the penalty fare within 14 days of the
date this letter was received, the train operating company will be entitled to commence court proceedings to
recover the penalty fare.
Where this reply came by post to your address, the date received is assumed to be the second working day
after the letter/post date as defined in paragraph 3 of schedule 2 of The Railways (Penalty Fares)
Regulations 2018 as amended from time to time. Where you have been informed by email reply, the date
received is the letter date.
