Unfair Penalty Fair Notice - advice please

[Flamingo]

Agreed, the employer is ultimately responsible for any expense incurred by their employee for a mistake made purchasing the ticket, but the TOC is entitled to treat that passenger in the same way as any other passenger with an invalid ticket.

Any dispute about the purchase of an incorrect ticket and the reimbursement of any further charges incurred because of this is between the employee and employer, nothing to do with the TOC. This is the bit that most business travellers fail to understand (including the OP in this thread).

 

[sheff1]

I thought the point now at issue for the OP was the claiming of Delay Repay on a Penalty Fare, which is most definitely between them and the TOC.

 

[Flamingo]

True, but I'd wonder if that is actually owed to the OP if they paid, or their employer if they didn't.

 

[DaveNewcastle]

. . . and if the ticket had been paid for by the Company, but it was then the passenger that received a 'Delay Repay' payment from the Railway Company, which they kept, would the passenger be declaring it as taxable income on their Self Assessment form?

 

[sheff1]

True, but I'd wonder if that is actually owed to the OP if they paid, or their employer if they didn't.

If the OP paid the PF, and was not reimbursed by the company, then I believe they should keep anything received under Delay Repay. With regards to the normal (ie non-PF) fare ....

. . . and if the ticket had been paid for by the Company, but it was then the passenger that received a 'Delay Repay' payment from the Railway Company, which they kept, would the passenger be declaring it as taxable income on their Self Assessment form?

If I was delayed using a ticket paid for my employer I did not put in a Delay Repay claim for the reason above (and the fact that, if I was late home, the employer paid the extra hours anyway )

 

[rda]

I am pleased to let you know that First Capital Connect have sent me a cheque for the full amount (including original Penalty Fare, court costs and bailiff charges).

Some discretion on the part of the RPO or common sense at FCC would have saved everyone time and money.

The irony of the situation is that the train operator used the black and white rules of a penalty fare to force me to pay without realising that the Delay Repay rules equally applied.

 

[DaveNewcastle]

I admire your determination and tenacity!

I'm glad you got that result, though I'm not surprised that FCC didn't attempt to defend your Claim.

We shouldn't expect that the Company changes its procedures as a result of this outcome - I'm sure the front-line staff will continue as before!

 

[sheff1]

Glad you got the correct result and thanks for coming back to tell us.

A shame so many others don't have your determination and instead follow the advice often given (including on this thread) to 'pay up and move on' even when they have a strong case.

 

[bb21]

I, too, don't think this will change anything in the administration of the Penalty Fares scheme.

However, well done. You stuck to your guns and you won hands down.