Penalty Fare Notice

MickRainbow

This morning i was given a penalty fare notice on the London Overground for not swiping my Oyster card. I wonder if I have any grounds for appeal fr the following.

I was on my way to work, as I do 5 days a week. When I change from a late shif to an early shift I have problems getting to sleep, so I take a sleeping tablet. This morning I felt particularly drowsy when I woke, and when I caught the train I just wandered on to tthe platform with out swiping my card. (it's a station with out a barrier, just walk on) I can get evidence from my GP that I am prescribed this medication. and that it can have this effect.

Does any one know if this could be a ground for appeal?

dzug1

No it couldn't.

yorkie2

MickRainbow wrote: »

This morning i was given a penalty fare notice on the London Overground for not swiping my Oyster card. I wonder if I have any grounds for appeal fr the following.

I was on my way to work, as I do 5 days a week. When I change from a late shif to an early shift I have problems getting to sleep, so I take a sleeping tablet. This morning I felt particularly drowsy when I woke, and when I caught the train I just wandered on to tthe platform with out swiping my card. (it's a station with out a barrier, just walk on) I can get evidence from my GP that I am prescribed this medication. and that it can have this effect.

Does any one know if this could be a ground for appeal?

This is not grounds for appeal. A Penalty Fare is a charge made for an honest mistake and is therefore entirely correct.


If the inspector didn't believe you, he could have reported you for prosecution instead. A bylaw 18 prosecution would probably succeed as that's a strict liability matter, while a RoRA offence might not but would be for the Court to decide.


I think you should be thankful you were not reported for prosecution to be honest as I suspect some inspectors might not believe that story. You were lucky to be let off with a Penalty Fare.