IRCAS Penalty Fare Notice Appeal Rejected - London Overground

[DampProof]

Hi All,

 

Been sometime since last here. Is there anything I can do?. Utterly sick of the aggressive extortion in London by TFL, Highways and Traffic Wardens.

 

My wife was staying at my daughters in Hampstead and travelling to Richmond. On 11 April at Hampstead none of the barriers were working, no staff at the ticket office and no staff available to assist. A couple of stops into her journey a couple of inspectors got on. She handed her Oyster Card to one when asked and he confirmed she had credit but that her journey had not registered. She explained it was due to the barriers not working.

 

What ensued made her feel intimidated, threatened and anxious as the inspector was in her personal space repeatedly asking her to pay a £40 penalty. This continued until she reached Richmond even after passengers had disembarked. Other passengers could see what was happening and came to her assistance but the inspector could barely speak English and became rude and abrupt.

 

She spoke to an employee on the station at Richmond who told her not to worry, appeal and let her through. Having called me at the time I could tell she was upset and anxious and she subsequently mislaid the paperwork.

 

On 22 May she received a reminder for a sum of £110.00 as she had not appealed within 21 days. She wrote explaining the circumstances but they have replied there 'are no mitigating circumstances and the right to appeal has been forfeited' She has been given 14 days to pay.

 

This feels like blatant extortion. The inspector had the wherewithal to check her Oyster Card and address details but not to call Hampstead station to check her story or even debit her Oyster Card for her journey.

[honeybee13]

Hello there. That sounds like a bad experience for your wife.

 

The transport guys should be along later, but as I expect you know, weekends are always quieter here.

 

HB

[rebel11]

Hi DampProof

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Mr Mike Brown

Chief Executive

Transport for London

[email protected]

 

Added spaces to your post.

[DampProof]

Many thanks Rebel. Will get if off first thing tomorrow.

[firstclassx]

Well I'd ignore the advice you've received so far, or you're going to end up with a conviction.

 

The very first thing you need to do is pay the amount they are requesting, which appears to be £110. This does two things:

 

1) Stops the company instigating criminal action under the Railway Byelaws;

2) Limits the financial penalty to £110 as a maximum;

3) Allows you to sort your complaint out in a timescale that suits you, rather than them.

 

The Managing Director will NOT intervene, especially as "Mike Brown" is not the Managing Director of London Overground, fyi it is Peter Austin.

 

A criminal offence HAS been committed under Railway Byelaw 18 (Failure to possess a valid ticket for travel). An Oyster card is just a wallet that holds funds. As payment was not made prior to travel, as required, the offence is complete.

[DampProof]

Agree, Good advice, will bite the bullet and prepare for a long and tedious fight for some justice and money back.

[rebel11]

Write a 'Formal Letter of Complaint' is in relation to the following and no I didn't expect the CEO to intervene on the financial penalty, although he might look into why the OP's wife found herself in that position in the first place and why the RI hasn't checked the facts first ('Hampstead none of the barriers were working, no staff at the ticket office and no staff available to assist I'm sure'), TFL could easily pass over the letter to LOROL, as apparently they work closely together, also remember they only keep the CCTV footage for so long, ask for a copy, it is worrying that other passengers were worried enough so came over to assist your wife, don't forget to seek compensation for the distress caused to your wife:-

 

'What ensued made her feel intimidated, threatened and anxious as the inspector was in her personal space repeatedly asking her to pay a £40 penalty. This continued until she reached Richmond even after passengers had disembarked. Other passengers could see what was happening and came to her assistance but the inspector could barely speak English and became rude and abrupt'.

 

http://www.standard.co.uk/news/10-ways-to-avoid-penalty-fares-on-trains-6762684.html

 

Mr. Peter Austin

Managing Director

London Overground

[email protected]

 

From London Overground:-

 

'If a customer explains the reason for not touching in at the start of their journey (e.g. if the barriers were not working) the RPI should already know this information as any station faults are emailed to all RPI's. If they are not aware of the situation they should phone the station in question or check with our Control Room.'

 

 

 

Well I'd ignore the advice you've received so far, or you're going to end up with a conviction.

 

The very first thing you need to do is pay the amount they are requesting, which appears to be £110. This does two things:

 

1) Stops the company instigating criminal action under the Railway Byelaws;

2) Limits the financial penalty to £110 as a maximum;

3) Allows you to sort your complaint out in a timescale that suits you, rather than them.

 

The Managing Director will NOT intervene, especially as "Mike Brown" is not the Managing Director of London Overground, fyi it is Peter Austin.

 

A criminal offence HAS been committed under Railway Byelaw 18 (Failure to possess a valid ticket for travel). An Oyster card is just a wallet that holds funds. As payment was not made prior to travel, as required, the offence is complete.

[DampProof]

Update and Conclusion

 

Have received a response from Mike Brown:

 

It seems clear to me that your wife was not trying to avoid paying for her journey so I have arranged for her penalty fare to be cancelled on this occasion

 

Many thanks for your support and advice.