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Penalty fare appeal process advice (trains)

7 replies

JonsDragonQueen · 06/07/2023 17:43

15 year old ds got on a train a month or so ago and bought the ticket online whilst sitting in the train seat. When he got off he realised he bought a ticket for the next day, not that actual day, so he couldn't scan his ticket to move through the turnstiles. He got help from a guard person who took his details (the guard also asked him for my details) they then helped him to buy the correct ticket using the machine there and off he went to visit family.
Unbeknownst to me, he later received a fine through the post, which my son appealed without telling me.

Today, I received a letter telling me my appeal has been declined and I should pay £50odd or appeal again.

So I'm looking for advice really, firstly as it was an innocent mistake and my son then bought another ticket to correct his error, in a way paying twice for the same journey, why would an appeals process decline the appeal?
Secondly, can they really pursue me for the £50odd they're asking for? The letter is addressed to the parents of DS so they are aware he's a child.

I'm already expecting to pay it to make it all go away, but jeez, it seems unfair.

Any advice please 🙏

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iwanttoscream · 06/07/2023 20:42

Try mp??
To see if they could help, hopefully explain it to them and hopefully they will be able to help you and ds.
This problem will only get worse, as the government have put pressure on train bosses and now they are looking at closing all ticket . Think now fines start at £100 in our area.
Shame the guard didn't just allow him to buy the ticket as he could prove his intention by buying a ticket.and give him a word of advice to double check date next time.

BranchGold · 06/07/2023 20:44

Was there a difference in price between the day before advance ticket, and the on the day ticket?

I know you go on to say he did purchase both tickets in the end, but I’m curious if there’s an angle that they might consider he was motivated to act ‘dishonestly.’

MrsHamlet · 06/07/2023 20:45

If it's a penalty fare route, you have to buy a ticket before you board the train. They've started being really strict about that of late. Since he's admitted that he DIDN'T do that, it isn't unheard of that they won't back down.

JonsDragonQueen · 06/07/2023 22:23

No difference in price, both tickets were only £3.50, the one he bought online and then the one at the station. We live rurally and the station he gets on at has a ticket machine, no staff or anything to buy a ticket from. Its literally just a platform, the machine and a bench there. The machine sometimes doesn't work so it's not unusual at all to buy the ticket once on the train if the machine doesn't work. I mean, I'd always make sure to buy it online beforehand but I guess my teenager didn't.

Can a company really choose to pursue me for the fine though? What I'm kind of struggling with and couldnt find anything online about was that, I always thought you couldn't make a contract with a child between service provider and child etc, so I'm confused why they would initially try to fine him, he's 15 and bought the ticket as soon as he realised, surely you cant persue a 15 year old for money. Especially condsidering that he's paid already. And If its a crime to not have the correct ticket in that exact moment that he asked the man for help when he realised his mistake surely then after they declined his appeal they couldn't then make me responsible for his supposed crime.

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MrsHamlet · 07/07/2023 06:40

I've no idea about pursuing you.

The available ticket machine is also an issue - he should have got a "promise to pay" from that (or a ticket) before boarding.

BarbaraofSeville · 07/07/2023 06:43

Can you appeal the appeal? Either higher up within the train company or to the appeals service?

Have a look at:

https://www.appealservice.co.uk/

The link below seems to suggest it is exactly what you need - help when someone has made a mistake.

https://www.gov.uk/government/news/new-independent-appeals-process-to-protect-passengers-issued-with-penalty-fares

Appeals Service - Independent Transparent Fair

https://www.appealservice.co.uk

JonsDragonQueen · 07/07/2023 08:58

Yes the letter says I can appeal the appeal. It says I have 14 days from the date on the letter which is 30th June, but I got it yesterday, so I actually have 8 days to appeal.
Thank you for the bottom link that's really helpful, I may quote from it.

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