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My girlfriend was recent given a penalty fare on her usual journey between Old Hill and Worcester. She travels this route about three times a week and usually manages to buy a ticket.
Normally the ticket office is really busy and you have to wait about 5 mins to be served, on this particulat morning the queue was bigger than normal and she waited 5 mins but had she waited any longer would have missed the train.
The Permit To Travel machine was out of action and the display said to pay at the ticket office, which obviously she had tried to do to no avail.
She got on the train without a ticket which she done before when the office has been busy, on previous occassions she has bought a ticket from the conductor on the train. On this journey however she was told that she couldnt buy a ticket and was issued with a penalty fare.
This was issued in quite a rush just before Stourbridge as the inspector was getting off at Stourbridge. I'm not sure he explained things properly to her, which I think contravenes the guidlines relating to penalty fares. At Stourbridge a few people got on without a ticket, and were sold one by the inspector.
It all seems a little unfair, given that the ticket office was under staffed, the permit to travel machine was turned off, and that people got on the train literally minutes after she was issued a penalty fare and bought a ticket.
The rail company would probably claim you should get to the station in plenty of time to get your ticket.
If she can show (via Credit card records) that she has bought tickets on the train before then I see a fairly easy appeal on this one.
The fact that the inspector sold people tickets from stourbridge may or may not be relevant as there may have been no facilities to buy tickets at stourbridge at that particular time (perhaps ticket office closed)
I would challenge this on the grounds that she has bought tickets on the train before, and attempted to buy a ticket and was refused.