Penalty Fare on DLR

winged_2001

Hi there,

I'd be grateful for some advice and feedback

I've recently read some old posts on this, but my circumstance is slightly different and I want to appeal the penalty fare set against me.

I traveled on the DLR from Lewisham to Elverson Road recently and on leaving the train was accosted by a ticket officer. He checked my PAYG Oyster and confirmed it had not verified at Lewisham prior to entering the train.

I told the officer I had tapped the card on the machine and thought it had beeped, there were many people filtering through and I was rushing for the train which was about to depart.

Upon checking my card it was clear I'd already capped out on the maximum daily charge. He considered this and then said it didn't matter because I hadn't tapped in.

There was no financial gain of me not tapping in (indeed I thought I had) and I was only travelling one stop (which is about 100 metres). I appreciate technically I'm still in breach, but do officers not have any discretion or take capped fare into account, like they would a travelcard?

I want to appeal on the basis I'd already capped out, so to be fined £40 (or £80) when TFL/Serco aren't out of pocket from my journey is unreasonable and overly officious regarding process.

I'd be interested to hear from forum experts on if you think I have a claim.

Thanks muchly,
James

Guest101

1: You should've refused to give your name and address! this would've resulted in a police officer being called, who you explain that you have already paid the daily maximum and therefore are free to travel regardless.


2: What did you actually sign at the scene?

winged_2001

A police officer was already there. I tried to refuse to give details, but the ticket officer kept referring to the police presence so I gave my name and address. I didn't pay anything at the scene or sign anything technically, but he phoned up to check my name and address.

I guess I could not pay and then when ticket arrives at address claim someone has given false information and it wasn't me? Would that work? There's no proof it actually was me, could have been someone who knew my name and address?

I did speak with the police officer after as I was livid and told me to appeal the fare, and seemed to be recommending that course in his tone and manner.

Guest101

winged_2001 wrote: »

A police officer was already there. I tried to refuse to give details, but the ticket officer kept referring to the police presence so I gave my name and address. - So you didn't actually speak to the police officer?! I didn't pay anything at the scene or sign anything technically, but he phoned up to check my name and address. - What do you mean 'technically', he doesn't have access to a magic computer that tells him where you live... What he does have access to is the details on the oyster card.

I guess I could not pay and then when ticket arrives at address claim someone has given false information and it wasn't me? - No. Would that work? - No. There's no proof it actually was me, could have been someone who knew my name and address?- and looked like you and had your oyster card, which you didn't report stolen...

I did speak with the police officer after as I was livid and told me to appeal the fare, and seemed to be recommending that course in his tone and manner.

Great so you spoke to the only person to help AT THE TIME of the situation, AFTER the situation. The only person that could in theory FORCE you to give your details, but you obviously would've seen sense, you decide to turn to afterwards? - what did you think he would do at that stage. It's a civil matter then!

winged_2001

I thank you for your replies, but I'm not sure why you're being so aggressive? I was in an unfamiliar situation and didn't already have your advice at the time, so the circumstances are what they are.

I'm looking for advice on if I have a legitimate case for appeal, please respect that.

Guest101

winged_2001 wrote: »

I thank you for your replies, but I'm not sure why you're being so aggressive? I was in an unfamiliar situation and didn't already have your advice at the time, so the circumstances are what they are.

I'm looking for advice on if I have a legitimate case for appeal, please respect that.

Because now you'll know how to handle it in the future - and you'll remember it because you'll think 'what did that stupid Guest101 say to me, he was so rude, ah yes!!'


I don't know if you'll be successful. These are penalty fares, appeals are in the thousands and often get a 5 minute look over.
Then again an appeal will take about 10 minutes and could save you £40 (or £80)

winged_2001

Ok thanks, I'd be interested to hear from other forum members too.

GingerBob_3

winged_2001 wrote: »

I thank you for your replies, but I'm not sure why you're being so aggressive? I was in an unfamiliar situation and didn't already have your advice at the time, so the circumstances are what they are.

I'm looking for advice on if I have a legitimate case for appeal, please respect that.

When you come to this forum for advice there's every chance you'll end up with the type of sanctimonious response that you got. It is a major failing of this forum, unfortunately.

winged_2001

Well it is an open forum and the contributor was still providing opinion based on my request. So, unless it was actually abusive you have to accept that.

Regardless, I'd really like some more opinion on the penalty fare appeal?

Guest101

GingerBob wrote: »

When you come to this forum for advice there's every chance you'll end up with the type of sanctimonious response that you got. It is a major failing of this forum, unfortunately.

I prefer educational response - but to each his own....

winged_2001

I'd really rather this post didn't descend into a tit-for-tat. Please can we keep it on topic re: penalty fare legitimacy and hearing people's experienced opinion on the process and chance of appeal being successful. Thanks.