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sam joyce

Can I threaten court actions after paying/21 day period

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I got a penalty fare notice on the underground where I travelled to a meeting then doubled back to where I started as it was cancelled. The notice was served as I left the station I started from on the basis I had been on a journey and not clocked out at the other end. I thought oyster cards work in the place of the old 1-6 day cards where there is no time constraints, plus I had already travelled the max day fare taken on my oyster that day which the guard could see. I got a notice but because of holliday missed the 21 days, I returned it 25 after. Can I still appeal this or take court action to recover this?

I feel strongly that the usage time constaints of the oyster were not made clear on any point of sale literature and still arent.

If I write to threaten court action is there any statements that would sound authentic about this or is this a gonner?

Many thanks

Sam

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I got a penalty fare notice on the underground where I travelled to a meeting then doubled back to where I started as it was cancelled. The notice was served as I left the station I started from on the basis I had been on a journey and not clocked out at the other end. I thought oyster cards work in the place of the old 1-6 day cards where there is no time constraints, plus I had already travelled the max day fare taken on my oyster that day which the guard could see. I got a notice but because of holliday missed the 21 days, I returned it 25 after. Can I still appeal this or take court action to recover this?

I feel strongly that the usage time constaints of the oyster were not made clear on any point of sale literature and still arent.

If I write to threaten court action is there any statements that would sound authentic about this or is this a gonner?

Many thanks

Sam

If you were serious about appealing the notice, you should have sorted it out before going on holiday. I would imagine that after the 21-days has lapsed, any appeal will be thrown straight out of the window. I'm confused about this court action part though, as it's the Oyster Card holder's responsibility to know the ins and outs of its useage etc. I'd hazard a guess that before using the card, you didn't read the A5 size leaflet that is issued with an Oyster Card? Now I have never had one of these cards, but know that they can be complicated, which, to me, would prompt me to get all the facts about them before trying to use it. Lets put it this way, a Penalty Fare isn't the end of the world, but if you want to pursue thie through the courts, it'll more than likely end up costing you more than the £50!

 

I am assuming from your terminology that you paid the PF upfront? If not, then strictly speaking, TfL could be the ones pursuing you!

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Your 'right to appeal' under the rules relating to the PF ceased after 21 days. Of course that doesn't stop you from writing and trying your luck as it were, though I doubt that you will be successful

 

As the onus of responsibility is on the traveller to hold a valid ticket and the whole of the LUL system is a compulsory ticket area, I cannot see any likelihood of success for any attempt to get your money back through civil Court action.

 

If your oyster wasn't validated correctly according to rule, then you didn't hold a valid ticket and the PF notice was issued accordingly.

 

If you failed to appeal within the period allowed and specified to you in writing when you were handed the (paid) notice, I cannot see any Court finding good reason to give you your money back.

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