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