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Hi

 

I was issued a penalty fare notice for not having a valid ticket on a train.

 

I gave the inspector my personal details (I didn't have any ID on me) but when I have checked the notice later on, the date of birth they have put down is incorrect. They didn't ask me to check any details when they gave me the notice.

 

I have read the Railways (Penalty Fares) Regulations 2018 and am particularly interested around the Appeals procedure under section 16. Specifically s.16(3)(b) whereby it states:

 

"The grounds on which an appeal under this regulation may be made are that...the appellant is not the person liable for the payment of the penalty fare"

 

Considering that the notice is not strictly for me - as its not my DOB - would this meet the condition under s16(3)(b)?

 

In any case, it is worth an appeal on this basis?

 

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No, because the regulations state that you only need to provide name and address.

Any other particular will be just an extra bit of information. 

Besides, if you say that the inspector got your name and address right but the dob wrong, they coild turn around and say that maybe you disclosed the wrong dob (as many do).

Anyhow,  dob is not essential,  so the penalty stands, unless you find another reason to appeal.

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2 hours ago, courty61 said:

 

 

"The grounds on which an appeal under this regulation may be made are that...the appellant is not the person liable for the payment of the penalty fare"

 

 

 

 

But you are the person liable to pay the penalty fare. An error in the DoB the inspector wrote down doesn't make you a different person. If you were taken to court the person stopped for not having a valid ticket and the person in the dock in the Magistrates Court are the same human being. 

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OK thanks for your responses - thought I would just double check

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As has been said, the DoB alone won’t get you off this one. If you’re saying it wasn’t you, that’s another matter. But it was you, so you’d be lying. Appeal anyway if you believe you have been hard done by, or believe the notice shouldn’t have been issued, you have nothing to lose. Unfortunately though, you’ll likely not win an appeal purely based on a gesture of goodwill.

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It wouldnt matter if they put the wromg address down, you are the SUBJECT of this so you cant claim that it is the wrong person. The blurb is so when someone give their mates name and address rather than their own the now ex mate can appeal and state that they are not the subject of the penalty fare etc.

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