HB Yes please. Nallab

Honeybee, Appealed but not successfully, paid the penalty fare. Nallab

Thanks for all your comments. I’m glad my case has led to an enjoyable debate. All the references to case law, regulations, TOCs, OP and various bye laws shows that a lay man, like my self, has no chance in appealing my penalty fare. However, I just wish the official on the platform had not been so concerned with regulations, had recognised an honest person who was only trying to rectify a mistake (who could have just gone through the barrier using his Oyster card) and shown a little understanding and flexibility! Firstclassx, with reference to your original post and comment, ‘although I suspect you were not particularly co-operative either.’ I would like to state that although unhappy, I was co-operative and polite!

Thanks Ford. I still feel aggrieved so will appeal, although from the previous advice it doesn't sound as if I will be successful. However, after that I will pay as although i was trying to avoid fare evasion,it is not worth risking a prosecution.

Thanks. That makes things a lot better!

Thanks for your advice. I did pay £5.25 on Oyster for the other legs of my journey, however, I appreciate that £20 is not a lot of money to pay. It is just annoying that I was trying to pay, could have just gone through the barrier using my Oyster Card and more importantly will get a record!

Thanks!

On Saturday 6th Jan 2013 I paid and parked at Upminster Station and took a train to Hersham to watch a rugby match between Esher and Loughborough Students. I have an automatic top up Oyster card with a senior railcard attached, which I rarely use. I used this card at Upminster, Waterloo Jubilee Line and Waterloo National Rail platforms 1-11. When I reached Hersham I realised that I had made a mistake as there were no Oyster card touch out machine as it is outside the Oyster scheme. As this is an unattended station there was no one for me to contact to rectify my mistake. On my return I caught the 17.49 train from Hersham. When I arrived at Waterloo, without going to the barriers I approached a senior official on the station. I explained the above, stating that I knew I needed to touch out and pay, that I had made a genuine mistake and asked how I could pay/touch out to rectify my mistake. Instead of a helpful, sympathetic response, as I had hoped, the official immediately said that I would have to pay a penalty fare of £20. I reiterated that I had made a genuine mistake, that I had not tried to avoid payment and had been honest in approaching him to do so. I told him that I had ‘‘touched in’’ at Waterloo on the outward journey and asked if he could not be more understanding. The conversation went backwards and forwards but he was intransigent. At one point he checked my oyster card and said that I had not ‘touched in’ at Waterloo. I assured him that I had, asking how otherwise could I have got through the barrier. He then insinuated that I had gone though somehow to avoid payment. I took exception to this, saying that I definitely ‘touched in’, whatever my card had shown, that I was not trying to avoid payment and if I was trying to do so, I would have just gone through the barrier using my Oyster card. When I said I wanted to take the matter further and would not except a penalty notice, he threatened me with a different sanction (I can’t remember the term) which would cost me more money and, I think he said, more time. I had no alternative and gave him my details, and took the Penalty Fare Notice. I immediately went to the station manager to voice my concerns, but was only told to appeal. I continued my return journey to Upminster using my Oyster Card. On checking my Oyster card on Sunday 7th, there is a record of me touching in at Waterloo (platform 1-11) National Rail at 14:15. The cost of a senior railcard from Upminster to Hersham is only £7.05 which I should have bought if I had realised that Hersham was outside the Oyster scheme. Not only am I disappointed that I might have to pay £20 for trying to be honest(some have said foolish) but I am also concerned that I may now also have a record. Have i got grounds to appeal and any words of advice?