DLR Penalty Fare - Already paid for a travelcard

[owb8790]

On the DLR on my way home from work today, I got fined £40 for not having my Oyster Card on me. I travelled 3 stops.

 

This is the first time this has happened and I'm not one to be avoiding paying fares. As it happens, I pay for a Zones 1-2 monthly travel card on my Oyster, so I never touch in or out on the DLR (within Zones 1-2), as my journeys are covered.

 

Does the fact that I have already paid for my travel in advance (they can check their databases) give me grounds for appealing the fine?

 

It just seems a bit silly that I have to pay a fine for a genuine mistake, when I have actually already paid for my journey.

[honeybee13]

On the DLR on my way home from work today, I got fined £40 for not having my Oyster Card on me. I travelled 3 stops.

 

This is the first time this has happened and I'm not one to be avoiding paying fares. As it happens, I pay for a Zones 1-2 monthly travel card on my Oyster, so I never touch in or out on the DLR (within Zones 1-2), as my journeys are covered.

 

Does the fact that I have already paid for my travel in advance (they can check their databases) give me grounds for appealing the fine?

 

It just seems a bit silly that I have to pay a fine for a genuine mistake, when I have actually already paid for my journey.

 

Hello and welcome to CAG.

 

Please forgive me if I've understood, but are you saying that you travelled when you did not have your card with you?

 

If you didn't swipe your card, as I understand the system you didn't pay anything. Are you saying that you have a card that doesn't need to be swiped?

 

Have I missed something please?

 

My best, HB

[Old-CodJA]

Hello and welcome to CAG.

 

Please forgive me if I've understood, but are you saying that you travelled when you did not have your card with you?

 

If you didn't swipe your card, as I understand the system you didn't pay anything. Are you saying that you have a card that doesn't need to be swiped?

 

Have I missed something please?

 

My best, HB

 

Hi HB,

 

I think that the OP is saying that she s/he holds a Zones 1-2 monthly travelcard season and normally only travels within that area. A monthly or longer period season is paid in advance and put onto the Oyster as a carrier of the ticket. It isn't the same as a Pay-as-you-go Oyster.

 

This is largely irrelevant in respect of the Penalty Fare, the traveller was within a controlled ticket area and could not show a valid ticket when asked contrary Byelaw 17. It's a strict liability matter and although s/he can always appeal within 21 days of issue of the notice, I doubt it is likely to succeed although if s/he has never had a Penalty Notice before, or any other ticketing issue, you never know.

[honeybee13]

Thank you OC for the clarification. I never cease to be amazed about the complications of the system, which I rarely use myself.

 

I hope owb8790 will find your comments useful although obviously we encourage more questions.

 

HB

[owb8790]

Yes, on my journey home I travelled without my Oyster card.

 

On my Oyster card is a monthly travel card for Zones 1-2. This means that I only have to touch in/out when I'm travelling out of these two zones, or when there is a barrier to get through at a station.

 

Although I should always have my card on me, I feel a bit ripped off because I have actually paid for all of my travel for the month with my travel card.

[honeybee13]

Hello again.

 

So you travelled within the zone covered by the Oyster? Has this happened to you before?

 

OC will probably come back and say it's different for Oyster cards, but I think I've read here that someone with a rail season ticket can go back and show the ticket and ask to have the penalty refunded. From memory, this can be done once or twice a year.

 

As you say though, best to carry the card all the time. I wonder if you could have paid the fare at a machine and claimed that back?

 

HB

[markl1987]

Not too sure on what the procedures are with TFL and oyster but, with national rail services some TOCs offer a service called 'season left at home' where if you forget your season ticket one day you can buy a daily ticket and then apply for a refund when you present both the daily ticket and season ticket at a later date. This can be done once in a 52 week period free of charge and a second time has an admin fee attached to it.

 

Like I said Im not sure if this applies with London underground but even if it is the case it would not be something you could use on this occasion as the OP just travelled without their ticket (oyster card) and made no attempt to purchase a ticket for travel therefore is liable for a penalty fare for being in breach of byelaw 17

 

Hope that helps a little and explains the s.l.a.h policy but unfortunately doesnt help the OP out with much chance of a refund/appeal

[honeybee13]

Thank you Mark. At the least, the information could be useful next time.

 

HB

[Old-CodJA]

Yes Mark, the Byelaw 17 issue means it would be unlikely that an appeal will be successful, but if the OP writes within the 21 days allowed there is no reason that TfL should not consider the request.

 

A lot depends on how the letter is written and whether it is read by someone with a sympathetic ear I'm afraid.