Travel irregularity report

[brushhead15]

Hi, I was issued with a travel irregularity report on a train a few weeks back -

I arrived at the station (Leeds) and as running I was trying to book a ticket on train line but the page wouldn't load. I approached the gate with a member of staff and explained the situation - he swiped me through the gate and said "Make sure you buy a ticket"
Still couldn't get any signal and when the guard approached I asked to purchase a ticket. He then explained I couldn't and took my details and gave me the report.

TPE sent me an offer to settle without summons of £135 to which i have emailed back refusing (while offering to pay my original fare as I did onboard), explaining that I was let through the gate by a member of staff and advised incorrectly (i genuinely did not know I could no longer buy on board services) and explained I am happy for them to take it the full process as I feel I have done nothing wrong. (i can't appeal as not a penalty fare).

They have now come back with the following -

You were issued with a Ticket Irregularity Report not a Penalty Fare, hence why you cannot appeal the notice through penalty services. It is the responsibility of the passenger to ensure they have a valid ticket and valid supporting documentation before boarding the train. Hence you were issued Travel Irregularity Report.

We can on this one occasion reduce the amount to a Penalty Fare price which would be £50 plus the price of a standard single fare which would be a total of £76.80. TransPennine Express have a buy before you board policy in which where ticket buy facilities are available, a ticket must be purchased before boarding the train.

Could somebody advise, please? Am I in the wrong? It was a genuine mistake while using the railway, so i feel i am been punished unfairly having offered to pay my fare. I had no intention of fare dodging, i was on the way to the airport so i had to make that train..

 

[Haywain]

Could somebody advise, please? Am I in the wrong?

Yes, you were in the wrong. As TPE have said, you must have a ticket before you board. Being late is no excuse, you should have allowed yourself more time. Sorry if this isn't the sympathetic reply you were hoping for.

 

[brushhead15]

Yes, you were in the wrong. As TPE have said, you must have a ticket before you board. Being late is no excuse, you should have allowed yourself more time. Sorry if this isn't the sympathetic reply you were hoping for.

I Absolutley wasnt looking for sympathy, as i said i was advised by a member of staff and swiped through the gate after making it known i had no ticket. Therefore i was advised to board without one.



Rail Minister Jo Johnson said: "Rail users should make every effort to get the right ticket for their journey, but if you make an honest mistake, you should feel confident that the appeals system will recognise this and treat you fairly.

"We are simplifying the rules around penalty fares and introducing an independent appeals process to help those who make a genuine error when using the railway."


My excuse isn't being late- its been ill advised.

 

[Mcr Warrior]

Could be argued that you being requested to settle up at £50 plus the cost of the unpaid fare, is a fair and reasonable outcome, as PFs are mostly only ever issued for "honest mistakes". At the end of the day, you didn't have a valid ticket, when you boarded the train. Running late is not really an excuse.

Having said that, the gate attendant who let you past the barrier wasn't actually doing you any favours.

 

[Fawkes Cat]

TPE sent me an offer to settle without summons of £135 to which i have emailed back refusing

We can on this one occasion reduce the amount to a Penalty Fare price which would be £50 plus the price of a standard single fare which would be a total of £76.80.

You seem to have successfully reduced the amount they want by more than fifty pounds. As others have said, you don't have a legal leg to stand on, so I would suggest paying the £76.80 and marking up the £50 reduction as a win.

 

[mikeg]

Agreed. The fact you couldn't book on the Trainline is not in law an excuse. Especially since it's not the only way to buy tickets. Other websites are available, as is a ticket office at Leeds and lots of ticket machines. I think their second offer is reasonable. It's what you'd be charged for a penalty fare, which would have actually been a more sensible resolution for them to have offered in the first place.

 

[WesternLancer]

I'd pay this and chalk it up t experience. You could argue it out with them that a member of railway staff gave you permission to board (they didn't, in my view, according to your side of the story, they let you through and said 'make sure you buy a ticket') but the place you would be arguing this is likely in court - where you would loose, unless you can summons that individual person to give evidence (who will likely simply say they do not recall the incident.
I don't think TPE employ the barrier staff at Leeds either, so it's not as if you can say that a member of their own staff gave permission either.

You have done well to get the sum they are asking for reduced.

I would make a note to ensure you always claim Delay Repay late train compensation on any future journeys where you may be entitled to it as a way to recoup the sum they are asking for.

 

[Hadders]

I would pay the £76.80 as quickly as possible to make the issue go away and chalk it up to experience. You really don't want it escalating to court becuase if it ends up there you would lose.

The law is quite clear, it is your responsibility to purchase a ticket before boarding the train where facilities to do so exist. These facilities do exist at Leeds station in the form of a ticket office and numerous ticket vending machines. If you were unable to purchase online then you should have used one of these facilities.

The member of staff at the gateline really shouln't have let you through without a ticket.