I am appealing regarding notice (ref) which was issued to me on arrival at Manchester Piccadilly, after I had alighted a Transport for Wales service from Crewe.
The penalty fare is unlawful and must be rescinded. Of key importance is the fact I alighted from a TfW service, which does not have a £100 penalty fare regime. The company's penalty fare policy is laid out here:
https://tfw.wales/ways-to-travel/rail/travel-information/penalty-fares - note that the penalty fare in the yellow zone, including where I boarded their train in Crewe, is £20 or twice the full single fare, whichever is greater. As per the Railways (Penalty Fares Regulations) 2018:
9.—(1) [Subject to paragraph (1A),] Where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of that penalty fare is £20 or twice the full single fare applicable, whichever is greater.
Note in particular this £20 penalty fare remains law, and this (Welsh) company's policy, as it is only English penalty fares affected by the amendment to the Regulations in Paragraph 1A.
The issuance of a £100 Penalty Fare therefore represents not only an enormous overcharge, it is also unlawful under the Regulations. This is notwithstanding other faults which would defeat this Penalty Fare under other parts of the Regulations, such as the wrong origin for where I boarded the train (London instead of Crewe), and the invention of a fictitious £0.01 fare element to justify the issuance of this unlawful penalty fare.
I look forward to a favourable outcome.
Kind regards