Feel I was penalised in error - Advice?

iFound

Recently I topped up my Oyster, tapped in and boarded a overground train. When the inspector checked my card he told me I hadn't tapped in at all! At first I didn't believe him, but then I realised I was so distracted I don't know if I successfully tapped in or not. The reason I was distracted, as I explained to the inspector, was because I had been on the phone to my bank after I had found some fraudulent activity in my account (I was actually still on the phone when he tested my card). After he gave me the ticket he encouraged me to appeal since I had enough funds and I was exiting at a major city station.

So I appealed and at this point I have got nowhere. I've received two generic responses refusing my appeal, neither seemed personalised at all, it was if the person(s) sending the response never even bothered to read my appeal. I am extremely reluctant to pay the fare as both the inspector and the website said I have a right of appeal, but I don't think I've been given that opportunity. I can't find a phone number in order to speak to a human being about this and sick of trying to resolve it electronically. All this could have been avoided if the inspector had been able to use his discretion in the first place.

What more can I do now to resolve this?

yorkie2

What does your Oyster history say?

If you've registered with Oyster Online, you can press Print Screen and attach a screenshot here. If not, you'll need to visit a station.

You say in the opening sentence you tapped in. If you definitely did, and your statement shows that, you will win the appeal.

But you later admit you don't know if you tapped in or not. If you didn't, then you made a mistake. The correct course of action, if an authorised collector catches someone who made such a mistake, is for a Penalty Fare to be charged. This is a higher than normal fare levied for a mistake under these circumstances, where no criminal activity is suspected. There is no reason why an appeal would be successful as the charge is correct.

agrinnall

iFound wrote: »

All this could have been avoided if [STRIKE]the inspector had been able to use his discretion in the first place[/STRIKE] I'd taken the trouble to tap in in the first place.

Is there anybody else that you want to try to blame for a problem of your own making?

You might well get some advice from those who know the systems that will help you make a case, but showing a bit of personal responsibility might make people more prepared to offer assistance.

Beenie

I'm thinking of getting an oyster card.

Do they cause the machine to make a noise or light up when you 'tap' in?

I'd hate to get a fine because I didn't know what to expect when using it.

yorkie2

Beenie wrote: »

I'm thinking of getting an oyster card.

Do they cause the machine to make a noise or light up when you 'tap' in?

I'd hate to get a fine because I didn't know what to expect when using it.

Yes, you will get a green light and a noise.

If you make a mistake and forget to touch in, you are liable to be charged a Penalty Fare (if caught by an authorised collector), which is a higher than normal fare for people who make mistakes under certain circumstances. It's not technically a fine, though it may seem like one.

The only way someone would actually recieve a fine, would be if they were found to be deliberately avoiding payment. In such circumstances where this is suspected, the relevant Company can prosecute you for a criminal offence (the rail industry has special laws and byelaws), and if you are found guilty a court would impose a fine.

You have to be very careful when using the rail network . It's not like any other industry, in that a mistake results in a hefty penalty charge, and if they believe you deliberately avoided payment they have 'strict liability' byelaws for which intent doesn't even have to be proven, or the harsher Regulation of Railways Act, which results in a criminal record.

London50

What more can I do now to resolve this?


Nothing, your card was not registered as being tapped in. Your apparent reason for being distracted has no bearing on anything {if you were talking to bank or anyone else perhaps you should have finished your call before passing the barrier}
Even if {as you say} were able to talk to a person he/she would say the card was not registered therefore you have not complied with the t&c's to travel and that is why you are in the position you are in. Yes the inspector said to appeal as it is far easier for them to get on with trying to find others that are also fare evading.
Just except it you did wrong, you got caught and perhaps you will not make the same mistake again.

iFound

I definitely tapped in but I assume the reader didn't register it.

It really surprises me that I have no chance of appeal here considering all the evidence suggests I intended to pay, and I can get proof from my bank that I instigated an investigation that day.

Thank you every one who offered advice. I'm going to try one more appeal then I'll probably pay the fine.

As for the inspector he seemed genuinely regretful about giving me the fine, tho I get that he was just doing his job.

iFound

agrinnall wrote: »

Is there anybody else that you want to try to blame for a problem of your own making?

You might well get some advice from those who know the systems that will help you make a case, but showing a bit of personal responsibility might make people more prepared to offer assistance.

No offence but I don't feel the need to explain myself to trolls.

agrinnall

iFound wrote: »

No offence but I don't feel the need to explain myself to trolls.

Yes, of course, all of my 7000+ posts have been trolling because I have no other interests in life.

BillJones

iFound wrote: »

I definitely tapped in but I assume the reader didn't register it.

So you know that it beeped, and flashed? You are certain, even though you say that you were distracted at the time?

That's a bit strange.