- April 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
My girlfriend recently encountered a difficult situation while traveling on a Transpennine Express to Liverpool. Unfortunately, she forgot to bring her valid railcard with her during the journey. As a result, the ticket inspector informed her that if she appealed the decision and could provide proof of a valid Railcard, she would be able to resolve the issue. However, despite her efforts, her appeal was rejected by the authorities. Now, she is facing a hefty penalty of £250+ for fare skipping along with additional administrative fees. This financial burden is particularly challenging for her as she is a student who has just paid her rent and is already struggling to make ends meet. With a scheduled call with the authorities looming, she is feeling uncertain about the outcome and is wondering if there is any way to alleviate the situation.
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****** just grabbed a
Strictly speaking she has committed an offence by not being able to present a valid ticket upon request as her ticket would only be valid when presented alongside a railcard. I believe that a lot of train operating companies will accept evidence provided later on, usually only once a year, but it would seem that TPE have not done this time. Did she provide evidence of having a valid railcard? What did they say when they rejected the appeal? Has she done this before?
If you’d like some further, more specialised, advice then post the same question [here](https://www.railforums.co.uk/forums/disputes-prosecutions.152/).
She has two options, pay or try and defend a prosecution in Magistrates Court.
Unfortunately that’s the only real options here
Don’t think there’s much grounds for appeal here, without a railcard the ticket isn’t valid. If they retrospectively accept it, great, but yeah, she may have to see if she can set up an arrangement for the fine. An expensive lesson! Digital railcard may be easier in future.
She could ask to arrange a payment plan or plead with them to reduce/cancel the payment. I suggest getting a digital railcard for in the future.
If she has a fully paid railcard, and thus was NOT fare evading, depending on the rail service they have a condition where the first offence shouldn’t be fined (LNER and SWR both have this statement): “If you could not produce your Railcard at the time of travel, on the first occasion only, you may receive a full refund on any extra fare charged.”
Also, there’s guidance from the Rail Minister:
“New rules coming into force today (6 April 2018) will offer a greater level of protection for rail passengers issued with a penalty fare, where they make an honest mistake, Rail Minister Jo Johnson has announced.
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.”
She has not cost the rail service any money, nor was she knowingly evading a full fare. Whilst she is supposed to be able to produce a railcard, there should be a way out of this fine as she was not actually fare dodging.
Personally, this happened to me (I have a fully paid up railcard). I appealed and said I lost the card days before travel and couldn’t afford to cancel but was not knowingly fare dodging, nor have I ever in the past (which they can see), and that when I tried to find a digital version I couldn’t, although I did provide evidence of my railcard account on the website.
This was a couple of months ago on south western railway , and it worked. I quoted the Rail Minister and provided the explanation given.
They’re supposed to fine people who try or appear to have tried to get out of paying full price for a ticket (eg lying about a railcard). Forgetting the physical card, as a first offence shouldn’t be fined.
Hope this helps
I don’t see the problem, pretty sure part of the terms of her railcard will say something along lines of must have valid railcard with ticket.
Expensive lesson to learn but she’s not a victim here.
Your best bet (or well, hers) is https://www.railforums.co.uk/forums/disputes-prosecutions.152/. From my understanding of it, she will need to appeal again and might get some independent review on the third appeal. But, really, ask there.
Technically she did break the law, even if the rail company didn’t actually lose any money on this.
Unfortunately railway staff only imply that you are likely to have an appeal upheld to de-escalate any confrontation. It’s a reasonable strategy given the risk of assault, but their assurances are rarely based on reality
Not really. They’re the rules you sign up for. If they cancel the fine it’s at their discretion.
Part of the reason is so people can’t share railcards.
The appeal system should work. As surely you would provide legitimate evidence that you have/had a valid railcard at the time and it was a simple mistake. They would say ‘on this occasion we will void the fine’ otherwise what it the point of a appeal system if it doesn’t work.
Any details on why they rejected the appeal? If she had a valid railcard at the time and sent proof of that in the appeal, is the basis for rejection just that she should have had it on her?