Being confronted by a revenue inspector or receiving a penalty notice in the post can be unsettling, especially if you are unsure what you did wrong. Perhaps you forgot to tap in with your contactless card, travelled beyond your purchased zone, or missed the last train stop covered by your ticket. Regardless of the reason, train and bus operators take fare evasion seriously in the UK, often issuing penalty fares to recover lost revenue and deter repeat offences.
As a veteran solicitor, I have guided many clients through the sometimes-confusing maze of public transport penalties. This article provides an easy-to-follow roadmap, covering the basics of how penalty fares work, the appeals process, and when it might be time to seek professional support. By understanding the key steps and your rights, you can resolve outstanding penalties with greater confidence—and ideally avoid them altogether in the future.
2. Key Differences Between Train and Bus Penalties
2.1 Train Penalties
Legal Framework: Train operators often rely on specific legislation like the Regulation of Railways Act 1889 and various Railway Byelaws. In many cases, ignoring a penalty fare notice or repeated infringements can lead to prosecution.
Typical Amounts: Train penalties often start at around £20 or a multiple of the full fare to the next station, whichever is higher. If you fail to pay or appeal in time (commonly within 21 days), additional costs could accrue.
Common Scenarios:
- Travelling beyond the zone covered by a season ticket.
- Failing to tap in or out with a contactless or Oyster card on National Rail services.
- Being found in a first-class carriage without the correct fare.
2.2 Bus Penalties
Legal Framework: Buses have their own set of rules, sometimes governed by local byelaws or by national legislation for certain services. London buses, for example, operate under Transport for London (TfL) guidelines, which allow for penalty fares if you fail to tap your Oyster or contactless card or board without a ticket.
Typical Amounts: Bus penalties can also be around £20‐£40, although specific amounts may differ depending on the operator and local regulations. Just like train operators, bus companies may escalate matters if you ignore the penalty.
Common Scenarios:
- Boarding a bus without a valid Oyster or contactless payment.
- Misusing a concessionary pass (e.g., an older person's or disabled person's pass when not entitled).
- Riding beyond the zone indicated by a bus pass.
3. Receiving a Penalty Fare Notice: First Steps
Many people feel panicked or upset when handed a penalty fare notice. While these emotions are understandable, it is important to stay calm and methodical:
Check the Notice Details
Verify the date, time, location, and your personal details (name, address). If the inspector has recorded any incorrect information, keep note—it may support an appeal later.
Identify Deadlines
Most notices will stipulate a period (often 21 days) for paying the penalty or lodging a formal appeal. Missing this deadline can lead to higher fines or even prosecution.
Gather Relevant Evidence
Did you have a valid ticket or pass that the inspector might not have seen? Is there a possibility that the bus or station's card reader was faulty? Collect receipts, screenshots, or photos to support your case.
Decide on a Course of Action
If you believe the penalty was correctly issued, paying promptly might end the matter with minimal fuss. Alternatively, if you have grounds to challenge it, you should prepare a well-documented appeal.
4. Appealing a Penalty Fare
Not every penalty is issued fairly or accurately. Faulty ticket machines, inconsistent signage, or a genuine misunderstanding of zones can lead to unwarranted fines. If you decide to appeal:
4.1 Follow the Correct Procedure
Appeal instructions are usually printed on the penalty notice or available on the operator's website. They may require a letter or an online form. Be mindful of deadlines—submitting even a day late can result in automatic rejection.
4.2 Provide Clear Evidence
Include any relevant documents. Examples might be:
- A photo of the broken ticket machine.
- Bank statements showing a top-up or attempted purchase.
- Medical or personal circumstances that affected your ability to buy the correct fare.
4.3 Maintain a Polite, Factual Tone
It's natural to feel upset if you believe you've been wrongly fined. However, in your appeal, aim to stay calm and objective. Use bullet points or subheadings to organise your thoughts. A rambling, emotional letter can detract from the substance of your case.
4.4 Possible Outcomes
- Cancellation or Reduction: If the operator acknowledges an error or mitigating circumstances.
- Request for Additional Evidence: If your initial submission was incomplete or unclear.
- Rejection: You may need to pay the full penalty or face possible escalation to court.
