Annual Season Ticket holder needs help!!

[jimmy_]

Hi,

 

I hold a gold card on South West Trains which I currently pay £4,224 a year for. One day around 6 weeks ago I forgot my wallet and didn't realise until I was on the train as there are no barriers at my station and it was around 6.30am (still slightly sleepy).

 

The guard was quite friendly and issued me with a penalty fare but said this would be wiped if i went into the station I kindly thanked the guard and went on with my journey (sleeping).

 

I completely forgot about this until I received a letter stating I owe IRCAS £93, £63 for the journey and £30 in admin fees. What bothers me is I was sent no reminder of this ticket and would have therefore gone into the station or written them a letter to say I had a valid season ticket. It now states I am outside of the appeal time.

 

I just feel I pay a lot of money to South West Trains to be treated like this, Is there anything I can do?

[FxFiqXSKXMFF]

You must nicely ask South West Trains to remit the charge. Most (not all) of the time, these people try to be reasonable, and if you can demonstrate that you had paid for the journey in question, they're not going to look for an argument.

 

Good luck

[Old-CodJA]

Hi,

 

I hold a gold card on South West Trains which I currently pay £4,224 a year for. One day around 6 weeks ago I forgot my wallet and didn't realise until I was on the train as there are no barriers at my station and it was around 6.30am (still slightly sleepy).

 

The guard was quite friendly and issued me with a penalty fare but said this would be wiped if i went into the station I kindly thanked the guard and went on with my journey (sleeping).

 

I completely forgot about this until I received a letter stating I owe IRCAS £93, £63 for the journey and £30 in admin fees. What bothers me is I was sent no reminder of this ticket and would have therefore gone into the station or written them a letter to say I had a valid season ticket. It now states I am outside of the appeal time.

 

I just feel I pay a lot of money to South West Trains to be treated like this, Is there anything I can do?

 

Yes, it's perhaps unfortunate that it has got this fare, but as FxFiqXSKXMFF says, you can only ask them to remit the penalty.

 

Sadly, they don't have to agree, but I would hope they will be reasonable.

 

The reason they don't have to agree is because you would have been handed a printed penalty fare notice advising that you must respond within 21 days and it seems that you did not do so. No reminders are issued in these circumstances.

 

I would write an apologetic letter for forgetting to respond within the stipulated time and ask them to consider this was a one-off incident of forgetfulness in relation to your annual ticket.

[SRPO]

Why do you feel badly treated?

You forgot your ticket, then later you forgot to deal with the penalty notice by simply sending in a copy of your season ticket.

 

Why should they pay for your mistakes?

[BazzaS]

Yes, it's perhaps unfortunate that it has got this fare, but as FxFiqXSKXMFF says, you can only ask them to remit the penalty.

 

Sadly, they don't have to agree, but I would hope they will be reasonable.

 

The reason they don't have to agree is because you would have been handed a printed penalty fare notice advising that you must respond within 21 days and it seems that you did not do so. No reminders are issued in these circumstances.

 

I would write an apologetic letter for forgetting to respond within the stipulated time and ask them to consider this was a one-off incident of forgetfulness in relation to your annual ticket.

 

Would there be any benefit in stressing that you did already have a valid ticket (albeit not with you), and as you hadn't responded in time, would they consider accepting the £30 (admin fee), as a measure of your contrition for your forgetfulness, and that you'd do your best to avoid similar happening again, and would they consider waiving the 'fare' portion of the charge?

 

Old-Codja, any views on which would more likely be accepted? A request to remit the whole lot? or payment of the admin fee?

[Old-CodJA]

In practice they can insist on the fare because the Byelaw offence is 'Fail to show a valid ticket'. Not 'fail to hold' or 'fail to pay', but fail to show a valid ticket on demand.

 

Failure to pay or successfully appeal the notice means they could proceed to prosecution. The company will normally expect to recoup the fare and their admin costs because if they charge the strict liability offence it is relatively simple to prove and they will normally get their costs awarded too.

 

Although that is the case, I personally think it a bit harsh in the case of an annual season ticket holder, but at the end of the day it is your responsibility to show a valid ticket and your responsibility to answer the notice, no one else has failed to comply with the rules

 

I suggest asking them to waive the charge in this case, but if they refuse (which they are entitled to do) then offer the fare plus £10 as a contribution toward their costs.

 

Good luck

Edited March 24, 2012 by Old-CodJA

[RPI]

Cant really add to what has been said, the PF system allows for instances of forgetting your season ticket (2 a year with most TOC's) but it is down to you to appeal the notice, why should the TOC bear the costs of having to chase you when at the end of the day you forgot to bring your ticket?

[Mash It Up Harry]

Surely this penalty fare has been incorrectly issued as the guard should have issued a 'fail to carry' notice?