Penalty Fares Fines : Croydon Tramlinks

Jamie_T_2

I went home after college one afternoon and had changed my clothes but unfortunately had forgotten my 16+ oyster card within my wallet inside my jacket as I was in a hurry as result I was issued with a penalty notice on the 04 April 2011. I have made an appeal but have been unsuccessful at every stage.

However, I did not realized that I had forgotten my wallet that holds my oyster card until I was then approached by a Ticket Inspectors while traveling on the tram.
I am a full time student and holds a 7Day travel card covering zones 3-5, on a weekly basis. Whilst making the appeal to Tramlink, I have explained that I had forgotten my wallet indoors and I have also send a proof of the product information on the oyster which proved that on that day in question regarding my journey I held a season ticket.

Further to that I am currently living in Croydon and my college is situated in Balham in London, hence I have to purchase a 7Days weekly on the Oyster.
In addition to that, I am accustom to having my wallet with me which holds my oyster card and in my mind I had thought that I had, hence I boarded the tram. I did not realized that I had left my wallet at home until I was then approached by the ticket inspector – hence I could not produce a valid ticket for my journey.



However from my first initial appeal I had explained to Tramlink dept. that prior to having a 16+ Oyster card which entitles me to travel free, I also had a weekly 7Day travel card covering zones 3-5 which have not been taken into account. I had even enclosed the product history that have been obtained from OYSTER showing the products purchased including the day I was given a penalty notice fine. Unfortunately I had not kept any receipts and could not produce any receipt hence I have to obtain the product history from OYSTER.



Further to that, Tramlink had mentioned within their correspondence, that I should validate my oyster card before boarding the tram - the fact that I hold a 7Day travel card on a weekly basis, I never had to validate my 16+ oyster card on the tram stop card reader before boarding the tram at any given time for the simple reason that a weekly season 7 day travel card is on the oyster covering zones 3-5 at all times. Furthermore, the terms and conditions on the application form of the 16+ oyster card does not state that - if you hold a season ticket you should validate your oyster card at the tram stop card reader and as mentioned before - I honestly thought I had my wallet with me , hence I board the tram and would not need to touch in anyway as I held a 7day weekly travel card.

Firstly- Why was I not issued with a "nil fare" penalty notice and asked to send in a photocopy of the receipt of my 7 Day weekly season ticket, or asked to buy a normal single ticket? But rather been given a penalty fare notice of £ 50.00. Secondly, where there are discretionary circumstances, this should be taken in consideration. The fact that I am a full time student with no income whatsoever, living with my mother who is a lone parent and currently in receipt of Income Support since she has been made redundant, therefore she cannot afford to pay for this penalty fare. Her weekly income is £67.50. If my mum should pay £25.00/£50.00 from this income, what will she have left to feed myself and my 4 years old brother for that week when she can hardly afford to buy food.

I do understand that Tram operators of course have a right to protect revenue against fare evasion but are now using penalty fares to increase revenue in defiance of the Government Penalty Fare policy. Am I been class as fare evading even when I had a 7day weekly travel card on my oyster but had innocently forgotten it at home?

The appeals went to the third stage and Ive just received a letter informing me that my appeal has been unsuccessful and the Penalty Fare Notice has been upheld. The Panel could find no extenuating circumstances as to the reason why you did not validate your oyster." I had forward the information received from OYSTER at a later date as this took some time to be sent to myself.

However the information obtained from OYSTER showing the product history on my oyster was send at the final stage of the appeals process but was sent along a bit late as OYSTER took sometime to send it out, but during this time I had wrote a letter to Tramlink informing them that I was awaiting further information from OYSTER. However, I do not know weather or not the information had arrived in time for the Panel which needs to be taken into account.



The letter received today states that the decision made by the panel is final and I honestly believe that it is unfair given the fact that I had a seasons ticket and had genuinely forgotten it indoors which have not been taken into account.

wealdroam

You always have to "touch in" when boarding a bus or tram, don't you?

In which case, how come you didn't notice you had left your Oyster card at home until challenged by the inspector?

Jamie_T_2

I do not touch in at all - the fact that there is a 3-5 travel card additional to holding a 16+ oyster. If am going through the barriers at the train station or touching out or boarding a bus yes. If there is no travel card on the oyster - I do validate it at the tram stop reader. Where does it say that if you hold a weekly travel card you should touch in.

k3lvc

Posting it 3 times and in big letters isn't going to get you a better answer.

I don't know the specifics of your 7day weekly Oyster thingummy but until recently I was a Croydon inhabitant (escaped before someone pressed the self destruct button) and from tales told to me it's unlikely that you're going to get away with it.

Jamie_T_2

well, well, What will happen - if I decided to go the court to explain myself

wealdroam

Jamie_T wrote: »

I do not touch in at all... Where does it say that if you hold a weekly travel card you should touch in.

I think you have this round the wrong way.

To use an Oyster card you have to touch in.

Just because you have a travelcard on oyster, does not allow you to board buses and trams without touching in.

Where does it say that if you have a travelcard loaded on oyster there is no need to touch in?

If you are thinking of going to court, then please don't try asking the judge "where does it say...?".

Be positive... tell us what you do need to do.

slyracoon

You need to touch in before you board.

If you had done this you would have noticed you'd forgotten your oyster before you boarded.

Even if you had remembered your oyster you still would have been fined by the inspector for not touching in.

k3lvc

Below is extract from Tramlink T&C's.

To be fair the regulations around travelcards/16+ don't appear easy but in summary if you are in possession of a travelcard you don't need to touch in however you were not in possession (yes you owned one but it was not on your person). On this basis I would suggest it's Game Over and you (not your Mum) pay your dues.

Judging by the T&C's if you don't pay it then you can have your entitlement to discount withdrawn permanently

6.1.1 All Bus and Tram Passes are valid anywhere on Tramlink. Only Travelcards which include any of Zones 3, 4, 5 or 6 may be used anywhere on Tramlink. Travelcards with only Zones 1 and/or 2 are not valid on Tramlink.

6.1.3 Normally, if the season ticket on your Oyster card covers your journey there is no need to touch it on the reader.
However, if you are travelling to Wimbledon, special arrangements apply:
when starting your journey on Tramlink you must touch your card flat on the yellow card reader situated at the tramstop before you board the tram.

If you fail to do this you may be overcharged for your journey.

wealdroam

K3lvc, for completeness, please can you provide a link to that information.

Thanks.

k3lvc

http://www.tfl.gov.uk/assets/downloads/tramlink-conditions.pdf

Jamie_T_2

I have not been using my oyster round the wrong way while the season ticket is on the oyster! The season ticket covers my journey as I do live in zone 4 area and was taken off the tram within the zone 4 area just 2 stops from where I got on. My season ticket covers zones 3-5. On numerous occasions I have been on the tram while inspectors have been inspecting cards including mine. Not at anytime after checking my card they have mentioned to me that I have not touched in. As mentioned before with a season ticket you need not to touch in.