Hi
Just to let you all know that following my appeal on a First Capital Connect penalty fare, the IPFAS have judged that the notice was not in strict compliance with Rule 8.3 of the Penalty Fare Rules. The rules require the notice to give you a telephone number, address and email address that you can go to to get a copy of the scheme rules. The FCC notice only gives an address, and informs you that you can get a copy from any of their stations, and ergo is non-compliant. Expect to get charged the fare if you can't show your ticket, but the penalty element should be refunded on appeal.
This is a public service announcement, based on my own experiences, circumstances, appeal and outcome, and should not be considered to constitute legal advice. FCC may change their notices at any time to be compliant, especially now they are on notice (ho ho ho) of their error. The same mistake may be evident on other TOC's penalty fare notice - look in the section which tells you how to get a copy of their rules.
I don't care what your views are on penalty fares - I don't like them, but you might. This is merely here to help those who have been charged them in circumstances which they consider to be unfair. I accept that this may still be used by the guilty, but that is the TOC's problem for being unable to comply with the rules.
Byeeeee.
Just to let you all know that following my appeal on a First Capital Connect penalty fare, the IPFAS have judged that the notice was not in strict compliance with Rule 8.3 of the Penalty Fare Rules. The rules require the notice to give you a telephone number, address and email address that you can go to to get a copy of the scheme rules. The FCC notice only gives an address, and informs you that you can get a copy from any of their stations, and ergo is non-compliant. Expect to get charged the fare if you can't show your ticket, but the penalty element should be refunded on appeal.
This is a public service announcement, based on my own experiences, circumstances, appeal and outcome, and should not be considered to constitute legal advice. FCC may change their notices at any time to be compliant, especially now they are on notice (ho ho ho) of their error. The same mistake may be evident on other TOC's penalty fare notice - look in the section which tells you how to get a copy of their rules.
I don't care what your views are on penalty fares - I don't like them, but you might. This is merely here to help those who have been charged them in circumstances which they consider to be unfair. I accept that this may still be used by the guilty, but that is the TOC's problem for being unable to comply with the rules.
Byeeeee.
