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Like many others I too was issued a penalty notice for not being able to produce a valid ticket. I was travelling on National Express East Anglia and could not find my ticket. I explained to the 'officer' that I had bought a ticket. He informed me that he had to issue the penalty but I could appeal as long as I had proof of purchase. He was friendly and told me not to worry and that this sort of thing does happen (sympathy for a middle aged woman?) When I got home and went through everything I discovered that I had lost my ticket along with my oyster card but I did find my receipt and ticket number. I appealed on-line and put in all the ticket information. I was then written to on three different occasion by the IAS asking for proof of purchase. I duly did this each time and on the final occasion having received two letters with different references I photocopied the whole lot and send it registered post. I was then written to saying even though I provided what they had asked for and it was accepted as proof of payment it doesn't matter because I should have had the ticket at the time the inspector asked for it.

 

Reading through oldcoj's quotes I understand about having to produce a valid ticket. Why then do they allow you to appeal and ask for proof of purchase if the appeal will never be granted? It seems to be a paper exercise and a waste of time and money.

 

Is there anywhere to go from here?

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Welcome to the site.

No doubt you will see a response,but a good idea to start your own thread.

Leave that for now I will sort that when you see some response since you have asked questions here.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The fact is that the actual ticket must be produced at the time of travel

 

A receipt, a scanned image or photo-copy of a ticket cannot be accepted as proof that a valid ticket was held for reasons that I have stated elsewhere, but chiefly because:

 

a) a ticket produced later could be a ticket that was used by a third party

b) a scanned image or, photo-copy can be manipulated

c) a receipt only confirms that a fare had been paid. It does not confirm who any ticket holder was.

 

Yes, it is worth appealing if there is a genuine case and for example, where a season ticket is held and had been inadvertently left behind, although this cannot be accepted every time without question. The rules allow for only two such claims.

 

If a traveller genuinely could not get a ticket before travelling and a penalty notice has been issued, then an appeal will generally be successful because checks of the monitored infrastructure will reveal the appeal was justified.

 

Please take this next piece in the spirit that it is intended.

 

I am sympathetic in genuine cases, but we all have to accept responsibility for our own actions. It may seem a little churlish to some people, but it has to be recognised that the rail companies are not responsible for looking after our tickets for us. If I go into my bank, draw £100 and lose it on the way home, the bank will not give me another £100 free of charge I'm afraid.

 

The proof that any individual has a right to travel on a train is the production of a valid ticket on demand at the time of travel. The Byelaw simply confirms that

 

As has been said elsewhere, you could request a judicial review of the reasons for rejection of your appeal, but that would be incredibly costly by comparison with the charge being levied by the penalty notice.

 

The alternatives are to either:

 

1) pay the penalty or,

2) pay nothing, in which case a Summons will probably be issued and go to Court, plead not-guity and argue your case there.

 

As for why an appeal procedure is allowed in all cases in the first place, the answer to that is that it is a legal requirement. It is a condition of the rules laid down in authorising a Penalty Fares scheme.

 

It has to be said that on occasion, it is useful in confirming that there was intent to avoid a fare too. It is very enlightening to read the spurios claims made in some appeal letters.

 

Hope that helps.

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It's often a 'get out' of staff when they say if you appeal and have found the ticket you'll receive a refund of the penalty fare. As Old_Codger stated, the offence is not being able to produce a valid ticket on demand.

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I think it cost the railway company for every appeal made around £4.50 so make an appeal its a 50:50 of winning. inspectors can make mistakes...

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