PART 3E+W+SAppeals

Appeals – stage oneE+W+S

16.—(1) A person (“the appellant”) charged a penalty fare under regulation 5(1) may appeal against that penalty fare to the relevant Appeal Panel—

(a)before the end of the period of 21 days beginning with the day after the day on which the penalty fare is charged; 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 paragraph (3).

(3) The grounds on which an appeal under this regulation may be made are that—

(a)the penalty fare was not charged in accordance with the requirements of these Regulations;

(b)the appellant is not the person liable for the payment of the penalty fare;

(c)the appellant owns a season ticket valid for the journey in question but was not in possession of the season ticket at the time the penalty fare was charged; or

(d)there are compelling reasons why, in the particular circumstances of the case, the appellant should not be liable to pay the penalty fare.

(4) Where the appellant makes representations as part of an appeal under this regulation in relation to any of the matters specified in paragraph (5), it is for the operator on whose behalf the penalty fare was charged to provide evidence that reasonably demonstrates that any fact described by the appellant in relation to any of those matters is not true.

(5) The matters referred to in paragraph (4) are—

(a)in circumstances where the appellant was charged a penalty fare in relation to travelling by, being present on, or leaving a train—

(i)by which train and preceding train or trains, if any, the appellant was travelling or had travelled or on which train the appellant was present or had been present;

(ii)at which station the appellant boarded the train and any preceding train or trains and at which station the appellant intended to leave that train;

(iii)whether any of the circumstances mentioned in regulations 6(2) applied;

(b)in circumstances where, being a person present in or leaving a compulsory ticket area, other than as a result of leaving a train that arrived at that compulsory ticket area, the appellant was charged a penalty fare in respect of being present in or leaving that compulsory ticket area—

(i)whether the appellant intended to travel by train, and if so, by which train and to which station, and if not, the appellant’s reason for being in the compulsory ticket area;

(ii)whether any of the circumstances mentioned in regulation 7 applied.

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

(7) If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in paragraph (3) applies, it must, subject to paragraph (10), allow the appeal.

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

(9) The relevant Appeal Panel must, in accordance with the Appeal Procedure, notify the operator concerned and the appellant of any decision made under paragraph (7) or (8).

(10) Where the relevant Appeal Panel concludes that the ground in paragraph (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 paragraph (3)(c) applied.

(11) [F1Subject to paragraph (11A),] 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(11A) 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.]

(12) If the appellant referred to in paragraph (11) has paid the penalty fare, or part of it, the operator on whose behalf the penalty fare was charged must repay to the appellant 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(12A) If the appellant referred to in paragraph (11A) has paid the penalty fare, or any part of it, the operator on whose behalf the penalty fare was charged must repay to the appellant 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.]

(13) In this regulation “season ticket” means a ticket which entitles the person to whom it is issued to make an unlimited number of journeys in any direction between the stations, or within the zones, for which the ticket is valid during a specified period whether or not the entitlement is subject to further restrictions.

Textual Amendments

Commencement Information

I1Reg. 16 in force at 6.4.2018, see reg. 1(b)