Paid penalty fare, any further action?

[Roadtrip45]

Hi there, I was recently travelling the Cambridge to Stansted line and was stopped at the gate and asked to show ticket a rail card. I produced both however my rail card was 5 months out of date (I had a 4 year Rail card and completely forgot to renew it as I hadn’t been asked to produce it in so long, as I very rarely travel by train). I explained this to the ticket officer and was issued a fixed penalty which is paid straight away with no dispute, it was completely my fault.

Will I be prosecuted even though I have paid the penalty notice?

Any help and advice would be greatly appreciated.

 

[Bletchleyite]

If you have paid a Penalty Fare it is incredibly unlikely that any further action would be taken.

 

[ForTheLoveOf]

You could, if you wanted, appeal the Penalty Fare. That is the only conceivable circumstance in which a Penalty Fare might be refunded and a prosecution started - but if the TOC wishes to do so then they must do so before your appeal is ruled on.

Given the circumstances I think a Penalty Fare is probably a fair means of disposing with the irregularity and so I wouldn't appeal it, even though there will probably be several grounds for an appeal.

 

[Kite159]

You could, if you wanted, appeal the Penalty Fare. That is the only conceivable circumstance in which a Penalty Fare might be refunded and a prosecution started - but if the TOC wishes to do so then they must do so before your appeal is ruled on.

Given the circumstances I think a Penalty Fare is probably a fair means of disposing with the irregularity and so I wouldn't appeal it, even though there will probably be several grounds for an appeal.

So you would have preferred the TOC to gone straight to court with a likely larger bill for the OP because you don't like penalty fares?

The OP should count themselves lucky they have effectively had 5 months free use of an out of date railcard.

 

[ForTheLoveOf]

So you would have preferred the TOC to gone straight to court with a likely larger bill for the OP because you don't like penalty fares?

The OP should count themselves lucky they have effectively had 5 months free use of an out of date railcard.

I'm not sure where you drew that from, all I said is that:

1) You have the right to appeal;
2) The TOC can withdraw a PF if they do it quickly enough;
3) It is probably inadvisable to appeal in the circumstances, due to the second point; and
4) There probably are grounds for appeal.

I'm not passing comment on the rights or wrongs of Penalty Fares!

 

[Roadtrip45]

I was not disputing paying the penalty fair, I thought it was a very reasonable way of dealing with it. I was just wondering the likelihood of prosecution from a genuinely honest mistake I made, as they took down my details and made a telephone call after doing so.

 

[ForTheLoveOf]

I was not disputing paying the penalty fair, I thought it was a very reasonable way of dealing with it. I was just wondering the likelihood of prosecution from a genuinely honest mistake I made, as they took down my details and made a telephone call after doing so.

If you pay the Penalty Fare and don't appeal it, and provided they have no reason to look into the matter further, that is the end of the matter.

 

[PeterC]

The (penalty) fare has been paid, contractually offer and acceptance have both taken place. If it isn't appealed what legal grounds are there for the TOC to do more?

 

[Roadtrip45]

The (penalty) fare has been paid, contractually offer and acceptance have both taken place. If it isn't appealed what legal grounds are there for the TOC to do more?

I was unsure I wasn't aware that it was contractural. Thank you everyone for you help and advice. I now have a reminder in any phone to renew my railcard!

 

[PeterC]

I was unsure I wasn't aware that it was contractural. Thank you everyone for you help and advice. I now have a reminder in any phone to renew my railcard!

Sorry, I was asking a question not giving you an answer.

 

[Bletchleyite]

The (penalty) fare has been paid, contractually offer and acceptance have both taken place. If it isn't appealed what legal grounds are there for the TOC to do more?

They could unilaterally refund it and start proceedings. But near enough certainly they won't.