Penalty fare notice

[Samsilva77]

Understood and very clear. We would like to wait for the outcome of the appeal process.

Could we also check if it is better to appeal by post and keep proof of postage (chances of postage delays and admin errors) or appeal online?

Thanks

 

[furlong]

Online definitely. If the form limits the number of words, use an attachment to get around that.

== Doublepost prevention - post automatically merged: 22 Dec 2024 ==

you can fill out the references to it (how it works as a ground for appeal - see other threads)

See this post today - https://www.railforums.co.uk/thread...s-when-i-only-selected-1.278960/#post-7088544

 

[Samsilva77]

Thanks for your continued support

This is the final draft and might need some amendments. This might also help others in a similar situation, so it is worth using as a draft.

I intended to travel with my daughter from Chelmsford (my base location) to London on Sunday, 15th December. However, upon reaching the Chelmsford train station, we were informed that there was maintenance work on the tracks and that we would need to use a replacement bus service to the next station. As my daughter had an important appointment, we travelled to Shenfield and took the train directly from there to save time. Please see the attached confirmation of our contactless payment for the outward journey.


We intended to make the same journey on our way back; we used the contactless card at London Liverpool Street, hoping to get off at Shenfield. However, due to the travel chaos and a stressful morning, we forgot to get down at Shenfield as it was not our usual stop. It was too late when we finally realised this mistake, so we decided to exit at our usual base station at Chelmsford. Our contactless card did not open the barriers at the exit, and an enforcement officer stopped us. We tried to explain the situation by narrating the entire story, mentioning we were unaware the contactless cards did not work at Chelmsford and that we had touched in at Liverpool Street, where the barriers opened. Still, the officer charged us a one-way fare from Shenfield and issued a penalty fare notice for boarding the train from Shenfield, which we never did.


Thus, we believe the Penalty Fare notice was not issued correctly as it stipulated a journey from Shenfield to Chelmsford, whereas we boarded the train at London Liverpool Street. We have included an incomplete journey record from my TFL contactless online record. We want to appeal under Regulation 16 of the Penalty Fare regulations, which states:

“(2) An appeal under this regulation must be made—

(a) in accordance with the Appeal Procedure; and

(b) on one or more of the grounds specified in paragraph (3).”
“(3) The grounds on which an appeal under this regulation may be made are that—

(a) the penalty fare was not charged in accordance with the requirements of these Regulations ...”
And:
“(4) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must ... allow the appeal.”


This penalty fare notice has been issued in violation of The Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person
travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

Considering our circumstances, the confusion due to the disruption of services in the morning and the incorrect Penalty Fare Notice, we request you kindly cancel it.

 

[Samsilva77]

Dear members

Wish you all a Very Happy and Prosperous New Year!!

We receives a rejection of both appeals via email today.

 

[Titfield]

Dear members

Wish you all a Very Happy and Prosperous New Year!!

We receives a rejection of both appeals via email today.

Have they said their grounds for rejection?

 

[Samsilva77]

Have they said their grounds for rejection?

 

[jfollows]

The statement that you should raise a point of law at the time of the issue of the penalty is ludicrous nonsense. Either it’s correct and always has been, or isn’t and remains invalid.

 

[KirkstallOne]

I’ll add that one to my file of staggeringly incompetent responses from the appeals service!

Please do appeal again, I would just submit essentially the same information with a further note saying you were not familiar with the regulations at the time and so were not in a position to determine whether the Penalty Fare had been issued correctly. A further appeal will stop the clock on the deadline for payment once again.

 

[AlterEgo]

May I congratulate the appeal assessor for using every one of their 70 IQ points to construct a unique and quite beautifully thick denial of the appeal. Never seen that one before; almost art in how stupid and feckless it is.

Appeal again, restating your previous points, but preface the letter with a strong rebuttal that the passenger must raise the error in the Regulations with the inspector at the time.

What do they think the fu...flipping Appeals service is for, if all matters relating to the issue of the penalty fare can simply be resolved with the inspector?

 

[Cuthbert]

May I congratulate the appeal assessor for using every one of their 70 IQ points to construct a unique and quite beautifully thick denial of the appeal. Never seen that one before; almost art in how stupid and feckless it is.

Appeal again, restating your previous points, but preface the letter with a strong rebuttal that the passenger must raise the error in the Regulations with the inspector at the time.

What do they think the fu...flipping Appeals service is for, if all matters relating to the issue of the penalty fare can simply be resolved with the inspector?

I work as an RPI and thats not how we were trained. Make a mistake it gets thrown out even the spelling of the station has to be correct.

 

[gray1404]

Once the second (or third) appeal has been success, is there any scope for making a complaint against the appeals assessor? This response is disgusting and they cannot be allowed to make up their own rules without accountability.

 

[Hadders]

I agree that the response is ludicrous and you should submit a 3rd stage appeal.

Once the second (or third) appeal has been success, is there any scope for making a complaint against the appeals assessor? This response is disgusting and they cannot be allowed to make up their own rules without accountability.

There's nothing to stop a complaint being made but I wouldn't be confident of any meaningful change. Further discussion about this should be in a separate thread to avoid derailing this thread.

 

[Samsilva77]

Thanks for your replies.
Both my wife and daughter clearly stated to the inspector that they boarded the train from London Liverpool street and touched their contactless at the barriers. The inspector said, just mention this in your appeal and issued a penalty notice from Shenfield.

== Doublepost prevention - post automatically merged: 5 Jan 2025 ==

Can we now submit the following:

Dear appeals team

This is about the appeal reference XXXXXX DATED XXXXXX, I would like to appeal on the following grounds:

1) The initial penalty fare notice was not issued according to the requirements of the regulations as described below and in the initial appeal.

2) A proper appeals procedure has not been followed, as the officer has mentioned that I should have raised this incorrect penalty fare notice with the inspector at the time. I am sorry but we were not aware of any such regulation. It is our understanding that it's the responsibility of the inspector to determine all facts and issue a valid penalty fare notice.

3) The appeals officer has not considered all the facts, including proof of contactless entry at the boarding station.

Hence, I am appealing again, hoping to get a fair appeals procedure.

I intended to travel with my daughter from Chelmsford (my base location) to London on Sunday, 15th December. However, upon reaching the Chelmsford train station, we were informed that there was maintenance work on the tracks and that we would need to use a replacement bus service to the next station. As my daughter had an important appointment, we travelled to Shenfield and took the train directly from there to save time. Please see the attached confirmation of our contactless payment for the outward journey.


We intended to make the same journey on our way back; we used the contactless card at London Liverpool Street, hoping to get off at Shenfield. However, due to the travel chaos and a stressful morning, we forgot to get down at Shenfield as it was not our usual stop. It was too late when we finally realised this mistake, so we decided to exit at our usual base station at Chelmsford. Our contactless card did not open the barriers at the exit, and an enforcement officer stopped us. We tried to explain the situation by narrating the entire story, mentioning we were unaware the contactless cards did not work at Chelmsford and that we had touched in at Liverpool Street, where the barriers opened. Still, the officer charged us a one-way fare from Shenfield and issued a penalty fare notice for boarding the train from Shenfield, which we never did.


Thus, we believe the Penalty Fare notice was not issued correctly as it stipulated a journey from Shenfield to Chelmsford, whereas we boarded the train at London Liverpool Street. We have included an incomplete journey record from my TFL contactless online record. We want to appeal under Regulation 16 of the Penalty Fare regulations, which states:

“(2) An appeal under this regulation must be made—

(a) in accordance with the Appeal Procedure; and

(b) on one or more of the grounds specified in paragraph (3).”
“(3) The grounds on which an appeal under this regulation may be made are that—

(a) the penalty fare was not charged in accordance with the requirements of these Regulations ...”
And:
“(4) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must ... allow the appeal.”


This penalty fare notice has been issued in violation of The Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person
travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

Considering our circumstances, the confusion due to the disruption of services in the morning and the incorrect Penalty Fare Notice, we request you kindly cancel it.

 

[jfollows]

Personally, I'd make your point (2) stronger, along the lines of:

=========
The response to my second appeal was not appropriate, in that Ms. Fox said

I note you stated the penalty was issued incorrectly, however this should have been raised with the Inspector at the time of issue.

This is nonsense, there is no requirement to raise a detailed point of law with the Inspector at the time of issue, either the penalty is correct or incorrect, and the appeal process is designed to correct cases like this one where it's issued incorrectly.
=========

But what you have said is fine also, it really depends on how strong you want to make the point.

 

[furlong]

Once the second (or third) appeal has been success, is there any scope for making a complaint against the appeals assessor?

Transport Focus has oversight of the Penalty Fares system but wait for the result of your final appeal.

Separately you might wish to make a submission to the ORR's current review at
https://www.orr.gov.uk/search-consu...w-train-operators-revenue-protection-policies
though at this stage it doesn't seem to focus on the right questions, and you might fill in their form then send a separate email to the address given setting out why you believe the heavy-handed treatment was uncalled for and how what they did wastes everyone's time and what you believe should have happened instead.

== Doublepost prevention - post automatically merged: 7 Jan 2025 ==

Regarding the incorrect interpretation of the Regulations by the Appeals Body, you might consider a further (cheeky) argument (in outline here - refs need filling out/adjusting):

"I note you stated the penalty was issued incorrectly, however this should have been raised with the Inspector at the time of issue."

as the grounds for rejection of the appeal under Schedule 2 - 7(b).

Under 16(3) "the penalty fare was not charged in accordance with the requirements of these Regulations;" is always a valid ground on which to appeal and as such the reason given can never be a valid ground for rejection by a competent appeals body. By failing to provide valid grounds for rejection, the appeals body has failed to comply with the requirements of the regulations and as such is not a valid appeals body as defined in the regulations so consequently the operator failed in its duty under 14(5)(a)(i) and therefore under 14(2) the liability to pay falls away.

(Basically, because the appeals body didn't adhere to the regulations both in terms of failing to provide what can be considered as a reason and failing to uphold a valid appeal where it has no discretion in line with the regulations, it's not a proper appeals body, and as the operator is required to appoint a proper appeals body before issuing PFs, it wasn't entitled to issue PFs, so this itself becomes a new ground for appeal under 16(3). But worse, if that reasoning holds, everyone else's PFs also fall away as a result of this failure to handle cases like yours correctly.)

 

[Samsilva77]

Transport Focus has oversight of the Penalty Fares system but wait for the result of your final appeal.

Separately you might wish to make a submission to the ORR's current review at
https://www.orr.gov.uk/search-consu...w-train-operators-revenue-protection-policies
though at this stage it doesn't seem to focus on the right questions, and you might fill in their form then send a separate email to the address given setting out why you believe the heavy-handed treatment was uncalled for and how what they did wastes everyone's time and what you believe should have happened instead.

== Doublepost prevention - post automatically merged: 7 Jan 2025 ==

Regarding the incorrect interpretation of the Regulations by the Appeals Body, you might consider a further (cheeky) argument (in outline here - refs need filling out/adjusting):

"I note you stated the penalty was issued incorrectly, however this should have been raised with the Inspector at the time of issue."

as the grounds for rejection of the appeal under Schedule 2 - 7(b).

Under 16(3) "the penalty fare was not charged in accordance with the requirements of these Regulations;" is always a valid ground on which to appeal and as such the reason given can never be a valid ground for rejection by a competent appeals body. By failing to provide valid grounds for rejection, the appeals body has failed to comply with the requirements of the regulations and as such is not a valid appeals body as defined in the regulations so consequently the operator failed in its duty under 14(5)(a)(i) and therefore under 14(2) the liability to pay falls away.

(Basically, because the appeals body didn't adhere to the regulations both in terms of failing to provide what can be considered as a reason and failing to uphold a valid appeal where it has no discretion in line with the regulations, it's not a proper appeals body, and as the operator is required to appoint a proper appeals body before issuing PFs, it wasn't entitled to issue PFs, so this itself becomes a new ground for appeal under 16(3). But worse, if that reasoning holds, everyone else's PFs also fall away as a result of this failure to handle cases like yours correctly.)

Dear all

Thanks for all your support! We have submitted the 2nd appeal and will post a reply when we hear anything.

 

[Samsilva77]

Dear all

Today, we received the second rejection with this reply:


Thank you for your further appeal in respect of the above referenced Penalty Fare Notice issued by Greater


Anglia.


The function of the Appeals Service (AS) is to examine the circumstances surrounding why a notice has been


issued. As previously advised, to ensure fairness and consistency when making assessments, AS follow a Code


of Practice compliant with the criteria set out in the Railways (Penalty Fares) (Amendment) Regulations 2022.


I acknowledge the points raised by yourself and this case has been fully reviewed. As you failed to disembark the


train at your required destination, and not holding a required valid ticket from Shenfield station to Chelmsford


station, the inspector was correct to issue you a Penalty Fare on this occasion.


Being confident that AS have followed the correct procedure, I can confirm that our initial decision remains and


payment of the outstanding balance of £50.00 is now due.


If you are still dissatisfied, a further appeal can be made within 14 days of the date of this letter, clearly quoting the


notice number on all communications, to the Independent Appeals Panel (IAP). You may do this online at


www.appealservice.co.uk, send by fax to 0844 544 8454 or by post to Independent Appeals Panel, Regus,


Building 1000 Lakeside, Western Road, Portsmouth, PO6 3EZ. AS will escalate the case to the Independent


Appeals Panel on your behalf.


If you wish to submit a third appeal, it must be received within 14 days of the date of this letter.


If you chose not to submit a further appeal, payment should be received within 14 days plus the rest of the time


remaining on your penalty clock. Full payment options including, what will happen if you do not pay, are detailed in


this response.


Yours sincerely


********


Appeals Service

 

[furlong]

"As you failed to disembark the train at your required destination, and not holding a required valid ticket from Shenfield station to Chelmsford station, the inspector was correct to issue you a Penalty Fare on this occasion."

The question for the appeals body is not "Was the inspector entitled to issue a Penalty Fare?" but whether the inspector was correct to issue the SPECIFIC Penalty Fare that was issued!

How can the Appeals Service reject an appeal without making ANY reference to the regulations or to the argument presented to it in its reasoning?

Increasingly looking like maladministration - an "Appeals Service" incapable of engaging with the regulations that it is being paid to interpret? Could we be heading towards another railway fare evasion scandal if it's accepted that thousands of Penalty Fares appeals are not being assessed in accordance with the Penalty Fares regulations currently in force and, consequently, the train operators had no lawful authority to impose them and they'll all end up having to be refunded? (It's bad for the operators because the way the regulations are worded, if the "Appeals Service" isn't compliant, even Penalty Fares where there was no appeal fall away.)

 

[AlterEgo]

The Appeals assessors, at stage one and two at least, do seem to be growing increasingly tired of technical appeals where the passenger was certainly in the wrong. Not that it affects the actual validity of the appeals which are grounded in the Regulations.

 

[JordR]

It doesn't even quote the correct regulations! The 2022 regulations do nothing but amend the 2018 regulations, they have no standalone content. It's almost like the drafters put a handy hint in the title.

It looks so amateurish. The first and second stage seem to exist purely to reject almost everything and deter people from continuing.

 

[Samsilva77]

Do we appeal again quoting the same points amd what happens after the third stage appeal is rejected?

 

[jfollows]

Do we appeal again quoting the same points amd what happens after the third stage appeal is rejected?

The third stage appeal seems to generally be provided by people who actually read the appeal.

 

[gray1404]

Agreed. It is only at the third and final appeal where it is looked at independently and any mitigating factors can be considered. Definitely appeal a third time stating clearly why the PF was not issued according to the regulations. You can post a copy of your appeal here first for input before submitting. Just be sure to submit it in time.

 

[furlong]

Please do try to improve the re-submission though e.g. by beginning with a short paragraph that acts as a summary of the appeal. Then in the main body, set out the "boarding station" part of the argument more clearly.

 

[KirkstallOne]

"As you failed to disembark the train at your required destination, and not holding a required valid ticket from Shenfield station to Chelmsford station, the inspector was correct to issue you a Penalty Fare on this occasion."

The question for the appeals body is not "Was the inspector entitled to issue a Penalty Fare?" but whether the inspector was correct to issue the SPECIFIC Penalty Fare that was issued!

How can the Appeals Service reject an appeal without making ANY reference to the regulations or to the argument presented to it in its reasoning?

Increasingly looking like maladministration - an "Appeals Service" incapable of engaging with the regulations that it is being paid to interpret? Could we be heading towards another railway fare evasion scandal if it's accepted that thousands of Penalty Fares appeals are not being assessed in accordance with the Penalty Fares regulations currently in force and, consequently, the train operators had no lawful authority to impose them and they'll all end up having to be refunded? (It's bad for the operators because the way the regulations are worded, if the "Appeals Service" isn't compliant, even Penalty Fares where there was no appeal fall away.)

If they had accepted my first appeal (I only submitted one before concluding that the process was a waste of time) I would never have had a dispute with Northern. They did accept the penalty fare shouldn’t have been issued as part of the settlement so that was a very costly 1st stage rejection. They really are their own worst enemy.

Back on topic, please submit a third appeal but post the draft here first for input.

 

[WesternLancer]

If they had accepted my first appeal (I only submitted one before concluding that the process was a waste of time) I would never have had a dispute with Northern. They did accept the penalty fare shouldn’t have been issued as part of the settlement so that was a very costly 1st stage rejection. They really are their own worst enemy.

Back on topic, please submit a third appeal but post the draft here first for input.

and I take it the rest, as they say, is history....

 

[furlong]

Agreed. It is only at the third and final appeal where it is looked at independently and any mitigating factors can be considered.

Small correction - the third level is now no different to the first two in terms of what mitigating factors it can consider.

The difference is the third level is three good-spirited citizens barely compensated for their efforts, rather than one person on the payroll of the operator or its contractor. (It might be interesting to know where the contract places liability should the regulations not be followed when making decisions. If thousands were invalidated due to an inadequacy in the implementation of appeals by an external contractor, how much of the bill might end up with that third party?)

 

[MotCO]

Please do try to improve the re-submission though e.g. by beginning with a short paragraph that acts as a summary of the appeal. Then in the main body, set out the "boarding station" part of the argument more clearly.

Also, it may be helpful to quote the relevant regulations in full to support your arguments. Anything to help the adjudicators appreciate your arguments so there is less risk of rejection.

 

[Samsilva77]

Background

I received a Penalty Fare notice for not having a valid ticket on xxxx. I have outlined the circumstances leading to this PFN and the associated mitigating factors below. I was stopped by the officer while exiting Chelmsford train station. I explained the details of my journey comprehensively, clearly stating that I had touched my contactless card before boarding the train at London Liverpool Street and that I was unaware that contactless payments did not work outside London as I am not a regular commuter. Nevertheless, the officer demanded a return fare, issued a penalty fare notice, and advised me to appeal, disregarding my plea to consider my mitigating circumstances. When I arrived home and checked the Penalty Fare Notice, I realised it had been issued incorrectly. The boarding station on the notice was Shenfield, where I boarded the train from London Liverpool Street. When I appealed against this, the grounds of my appeal were rejected without any explanation. Therefore, I would like to request the appeals team to reconsider my appeal on the following grounds:

This penalty fare notice violates the Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

Moreover, the appeal procedure violates the regulations as it has not considered my grounds of appeal. The officer involved in the initial appeal has advised, ‘I note you stated the penalty was issued incorrectly. However, this should have been raised with the Inspector at the time of issue. I explained in my second appeal that I was unaware of this regulation, but this was not considered, and the officer in the second appeal has instead advised, ‘The function of the Appeals Service (AS) is to examine the circumstances surrounding why a notice has been issued. As previously advised, to ensure fairness and consistency when making assessments, AS follow a Code of Practice compliant with the criteria set out in the Railways (Penalty Fares) (Amendment) Regulations 2022.’ I strongly feel that the role of the appeals service is to consider all facts and ensure that the penalty has been issued according to the regulations.

Initial appeal
I intended to travel with my daughter from Chelmsford to London on Sunday, 15th December. However, upon reaching the Chelmsford train station, we were informed that there was maintenance work on the tracks and that we would need to use a replacement bus service to the next station. As my daughter had an important appointment, we travelled to Shenfield and took the train directly from there to save time. Please see the attached confirmation of our contactless payment for this journey.

We intended to make the same journey on our way back; we used the contactless card at London Liverpool Street, hoping to get off at Shenfield. However, due to the travel chaos and a stressful morning, we forgot to get down at Shenfield as it was not our usual stop. It was too late when we finally realised this mistake, so we decided to exit at our usual base station at Chelmsford. Our contactless card did not open the barriers at the exit, and an enforcement officer stopped us. We tried to explain the situation by narrating the entire story, mentioning we were unaware the contactless cards did not work at Chelmsford and that we had touched in at Liverpool Street, where the barriers opened. Still, the officer charged us a one-way fare from Shenfield and issued a penalty fare notice for boarding the train from Shenfield.


Thus, we believe the Penalty Fare notice was not issued correctly as it stipulated a journey from Shenfield to Chelmsford, whereas we boarded the train at London Liverpool Street. We have included an incomplete journey record from my TFL contactless online record. We want to appeal under Regulation 16 of the Penalty Fare regulations, which states:

“(2) An appeal under this regulation must be made—

(a) in accordance with the Appeal Procedure; and

(b) on one or more of the grounds specified in paragraph (3).”
“(3) The grounds on which an appeal under this regulation may be made are that—

(a) the penalty fare was not charged in accordance with the requirements of these Regulations ...”
And:
“(4) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must ... allow the appeal.”


This penalty fare notice has been issued in violation of The Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person
travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

 

[MotCO]

Background

I received a Penalty Fare notice for not having a valid ticket on xxxx. I have outlined the circumstances leading to this PFN and the associated mitigating factors below. I was stopped by the officer while exiting Chelmsford train station. I explained the details of my journey comprehensively, clearly stating that I had touched my contactless card before boarding the train at London Liverpool Street and that I was unaware that contactless payments did not work outside London as I am not a regular commuter. Nevertheless, the officer demanded a return fare, issued a penalty fare notice, and advised me to appeal, disregarding my plea to consider my mitigating circumstances. When I arrived home and checked the Penalty Fare Notice, I realised it had been issued incorrectly. The boarding station on the notice was Shenfield, where I boarded the train from London Liverpool Street. When I appealed against this, the grounds of my appeal were rejected without any explanation. Therefore, I would like to request the appeals team to reconsider my appeal on the following grounds:

This penalty fare notice violates the Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

Moreover, the appeal procedure violates the regulations as it has not considered my grounds of appeal. The officer involved in the initial appeal has advised, ‘I note you stated the penalty was issued incorrectly. However, this should have been raised with the Inspector at the time of issue. I explained in my second appeal that I was unaware of this regulation, but this was not considered, and the officer in the second appeal has instead advised, ‘The function of the Appeals Service (AS) is to examine the circumstances surrounding why a notice has been issued. As previously advised, to ensure fairness and consistency when making assessments, AS follow a Code of Practice compliant with the criteria set out in the Railways (Penalty Fares) (Amendment) Regulations 2022.’ I strongly feel that the role of the appeals service is to consider all facts and ensure that the penalty has been issued according to the regulations.

Initial appeal
I intended to travel with my daughter from Chelmsford to London on Sunday, 15th December. However, upon reaching the Chelmsford train station, we were informed that there was maintenance work on the tracks and that we would need to use a replacement bus service to the next station. As my daughter had an important appointment, we travelled to Shenfield and took the train directly from there to save time. Please see the attached confirmation of our contactless payment for this journey.

We intended to make the same journey on our way back; we used the contactless card at London Liverpool Street, hoping to get off at Shenfield. However, due to the travel chaos and a stressful morning, we forgot to get down at Shenfield as it was not our usual stop. It was too late when we finally realised this mistake, so we decided to exit at our usual base station at Chelmsford. Our contactless card did not open the barriers at the exit, and an enforcement officer stopped us. We tried to explain the situation by narrating the entire story, mentioning we were unaware the contactless cards did not work at Chelmsford and that we had touched in at Liverpool Street, where the barriers opened. Still, the officer charged us a one-way fare from Shenfield and issued a penalty fare notice for boarding the train from Shenfield.


Thus, we believe the Penalty Fare notice was not issued correctly as it stipulated a journey from Shenfield to Chelmsford, whereas we boarded the train at London Liverpool Street. We have included an incomplete journey record from my TFL contactless online record. We want to appeal under Regulation 16 of the Penalty Fare regulations, which states:

“(2) An appeal under this regulation must be made—

(a) in accordance with the Appeal Procedure; and

(b) on one or more of the grounds specified in paragraph (3).”
“(3) The grounds on which an appeal under this regulation may be made are that—

(a) the penalty fare was not charged in accordance with the requirements of these Regulations ...”
And:
“(4) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must ... allow the appeal.”


This penalty fare notice has been issued in violation of The Railways (Penalty Fares) (Amendment) regulations 2022.

9(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person
travelling by, present on, or leaving a train, the amount of the penalty fare is—
(a) £100 plus the price of the full single fare applicable,
...
(2) In paragraph (1), “the full single fare applicable” is the full single fare for the journey in
...
(3) In paragraph (2) and (2A), “the boarding station” means—
(a) the station at which the person boarded the train

My immediate impression is that you need to break it down into paragraphs or sections to help the reader focus.

There is also a repetition of the regulations - I'm not sure if this is needed, or whether you want to add the regulations as an appendix, and cross reference it from the text.

Are you only appealing on the basis of the wrong origin station quoted, or are you also challenging the appeal for not examininig it correctly? It may be helpful if your concluding paragraph confirmed all the grounds for your appeal, and ask that the appeal is upheld.

You also say you were charged a return fare and a penalty fare. Did you pay for the return fare? Others with more knowledge will be able to comment, but this does not sound right, and you might want to make more of this in your appeal.