The Railways (Penalty Fares) Regulations 2018

Appeals – stage two E+W+S

17.—(1) Where an Appeal Panel has notified an appellant that it has not allowed an appeal made under regulation 16, the appellant may appeal to the relevant Appeal Panel against that decision—

(a) before the end of the period of 14 days beginning with the day on which the notice of such decision is received; or

(b) within such longer period as the relevant Appeal Panel may allow.

(2) An appeal under this regulation must be made—

(a) in accordance with the Appeal Procedure; and

(b) on one or more of the grounds specified in regulation 16(3).

(3) The relevant Appeal Panel must consider an appeal under this regulation in accordance with the Appeal Procedure.

(4) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must, subject to paragraph (7), allow the appeal.

(5) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that no ground specified in regulation 16(3) applies, it must not allow the appeal.

(6) The relevant Appeal Panel must, in accordance with the Appeal Procedure, notify the operator concerned and the appellant of any decision made under paragraph (4) or (5).

(7) Where the relevant Appeal Panel concludes that the ground in regulation 16(3)(c) applies, the Panel may decide to not allow the appeal if the operator has provided evidence that the appellant has made a journey on at least two occasions previously where the ground in regulation 16(3)(c) applied.

(8) [F1 Subject to paragraph (8A),] Where the relevant Appeal Panel—

(a) notifies the operator that an appeal has been allowed; or

(b) fails to adhere to the time period specified in paragraph 6 of Schedule 2,

the appellant is not liable to pay the penalty fare in question.

[F2 (8A) If an appeal is against a penalty fare calculated in accordance with regulation 9(1A) or (4A), where the relevant Appeal Panel—

(a) notifies the operator that an appeal has been allowed; or

(b) fails to adhere to the time period specified in paragraph 6 of Schedule 2, the appellant is not liable to pay the penalty fare in question and is only liable to pay the full single fare applicable for their journey.]

(9) If the appellant referred to in paragraph (8) has paid the penalty fare, or part of it, the operator on whose behalf the penalty fare was charged must repay to the person the amount paid within the period of 10 working days, beginning with whichever is the earlier of—

(a) the day on which that operator receives notification that the appeal has been allowed; or

(b) the day on which the time period specified in paragraph 6 of Schedule 2 expires.

[F3 (10) If the appellant referred to in paragraph (8A) has paid the penalty fare, or part of it, the operator on whose behalf the penalty fare was charged must repay to the person any amount paid that exceeds the amount of the full single fare applicable for their journey within the period of 10 working days, beginning with whichever is the earlier of—

(a) the day on which that operator receives notification that the appeal has been allowed; or

(b) the day on which the time period specified in paragraph 6 of Schedule 2 expires.]

Textual Amendments

F1 Words in reg. 17(8) inserted (E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 10(1)

F2 Reg. 17(8A) inserted (E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 10(2)

F3 Reg. 17(10) inserted (E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 10(3)

Commencement Information

I1 Reg. 17 in force at 6.4.2018, see reg. 1(b)