Unfair Penalty Train Fare

chuckley

Voyager2002 wrote: »

I experienced something similar. When we arrived at Euston all the doors to the train were locked, and remained locked (with all passengers imprisoned) until the police arrived and dealt with the fare-dodgers. Truly hilarious: particularly for me! The delay meant I missed my onward long-distance train and so wasted an hour or so.

WOW virgin go deep!!!!!!!! (if it was virgin!)

FARE-COP

Doing a Google search for something else, I spotted this old message and thought it important to add a little note and I have posted some of this elsewhere.

I have been employed in enforcement in this particular field for 30 years and I well understand how confusing the legal position can seem to the travelling public at times

Looking at the postings above, the important thing to remember is not to confuse an Unpaid Fare Notice (UFN) with a Penalty Fare Notice (PFN)

With a PFN a traveller has 21 days to pay or appeal in writing. If the matter is not resolved to the mutual satisfaction of both parties or, if the traveller believes that he/she can show evidence that he/she was unfairly treated or treated not within the Penalty Fares (Railways) Rules, then they can refer the matter to The Independent Penalty Fares Appeals Service. (IPFAS)

A UFN is a different matter. The passenger should write to the Customer Relations Department of the Rail Company concerned and any dispute will be dealt with there.

It must be noted that some of what others have said is absolutely correct.

When on a train (or the platforms too in many cases) where ticket pre-purchase facilities were available before travelling, any person who does not have a valid ticket available to show on demand does commit a strict liability offence against Railway Byelaws.

'I left it at home' or, 'I was running late' or, 'There was a queue' etc. are not a defence and the cancellation of liability in any report is entirely at the discretion of the Rail Company concerned.

I know from experience that the system isn't perfect and we all lead very busy lives these days, but we do have to plan a little.

If we know from experience that there is usually a queue at the time we want to travel then we have to allow more time to buy a ticket.

The matter of being 'minded to let the train company take her to court' does raise another issue.

If the Penalty Fare Notice has not been paid or, successfully appealed within the time frame allowed, I would suggest this would be foolhardy in the extreme.

The Rail Company may choose to Summons a traveller who hasn't paid the correct fare for having 'intent to avoid a fare', which is an offence against The Regulation of Railways Act 1889, but I would suggest that is unlikely in the case of an unpaid Penalty Fare. That is a serious charge and in some cases does carry a maximum penalty that could include imprisonment although that is very unlikely and historically rare.

If that were the charge, then a traveller might plead not guilty and a Court might consider the circumstances and mitigation and could acquit although it has to be said that the Court could just as easily take the Rail Company evidence as more compelling and find the traveller guilty.

With an unpaid Penalty Fare, it is much more likely that the Rail Operator will Summons the charge of being in breach of Byelaw 17. Penalty Fares are operated in what are known as 'Controlled Ticket areas'

This is a strict liability offence. If you are on the railway and any pre-purchase facuilities were available, you have a responsibility to have paid your fare before travelling and be able to show a ticket confirming that on demand. There are clear signs at the station and on trains and it is up to all of us to abide by them

If the appeal was justified, it would have been allowed by IPFAS.

I hope that helps someone.