At Stage 3, London Travel Watchdog have now written to Thameslink but they said they do not have powers to cancel Thameslink penalty fare. This is rather a weak intervention in my view.
I think this is probably correct - the Penalty Fare system, AIUI, is set down in regulations that are backed up in the law that I believe (the law that permits a transport operator to issue a Penalty Fare) -it's likely that the law specifies who can cancel Penalty Fares and outlines the issues to do with rights of Appeal - other forms of sanction the railway issues to do with ticket issues - including sitting in a 1st class carriage without a 1st class ticket - have no rights of Appeal and can be escalated to court by the railway company directly if they so wish.
However, I suspect what London Travelwatch could do is:
a) ask Thameslink for their version of events on this service that day
b) ask Thameslink to refund a penalty Fare paid - but probably not compel them to do so (but you have refused to pay the Penalty Fare as I understand it -so they would not ask you to be refunded for something you have not paid presumably)
What this forum can do
There are experts here with detailed knowledge of railway fares / offences rules and laws, as well as experience in knowing how railway companies tend to apply and enforce these rules in practice
That knowledge can be used to help you understand the prices you are in (if you want that information) and give you an idea of your prospects for success or failure, and tell you how it would be handled by a court and what to expect to happen in the court, so that you can make an informed decision on if you wish to try and resolve the matter in court to your satisfaction.
All of that advice would be freely given here and is not designed to make you do one thing or the other - but should be helpful in helping you weigh up the pros and cons of things you might wisher to do (for example letting it go to court on principle)
But to do that best people here will need to see the following:
- copies of any of the appeals you have sent (even if they were rejected because they were sent after the appeal deadline time)
- copies of the replies you have had from the Appeal body
- copies of anything you have had from the railway company about this (eg saying they are going to take you to court)
- copies of the paperwork from the court that you have received (if you have had it yet)
all of those should have your personal details and case ref numbers blanked out before uploading
What happened on the day?
Thanks for explaining more about what happened on the day above - that's helpful and I can imagine the scenario
After the Penalty Fares were issued you say that there was a separate announcement saying they would be cancelled. Can you answer these questions at all - please answer the ones you can. if you do not answer any of them I will assume you do not know, but you could state that for clarity if you wish, for questions you do not know the answers to:
1) I'm assuming you don't have any proof, like a recording, of that announcement (it would be remarkable if you did so I'm not expecting you have the good luck of having that proof)
2) How was the announcement about the PFs made - over the train announcements systems or in person to the people who had been given the Penalty Fares?
3) Who made the announcement saying they would cancel the PFs? Thameslink trains have only one member of staff on board - the train driver? - inspectors get on, check tickets / issue Penalty fares etc then get off again and do the same on another train. Do you know if it was the train driver who said Penalty Fares would be cancelled for people sitting in 1st class without the correct ticket, or was it one of the Inspectors who had issued the Penalty Fare?
4) Similarly - who made the announcement that stated that 1st class was then being opened to standard Class ticket holders? Do you know?
5) At roughly what point in the journey was the announcement about 1st class being open to Standard Class ticket holder made?