Penalty Fare Appeal: Challenging a Rail Penalty Fare (England)

Penalty fare or prosecution: check which you have

A penalty fare is a civil charge with its own appeal process. A prosecution is a criminal case, brought under the Railway Byelaws or section 5 of the Regulation of Railways Act 1889, and some of those offences do not require any intention to avoid paying. If you have a letter saying you have been reported for prosecution, a court summons or a Single Justice Procedure notice, this guide is not the right route: respond by the deadline on it and get advice promptly, from a solicitor or Citizens Advice. The Office of Rail and Road's 2025 review notes a February 2025 ruling that a prosecution can still be brought after a penalty fare appeal is rejected — while a passenger whose appeal is upheld cannot then be prosecuted.

The four grounds of appeal

Your appeal has to rest on at least one of the grounds in regulation 16. The last is the one most people will rely on, and it is decided on the particular facts — so set them out plainly and attach whatever supports them: a screenshot of a ticket purchase, a bank statement, a photo, a railcard.

Who has to prove what

Where your appeal states which train you were on, where you boarded and where you intended to get off, regulation 16 puts it on the operator to provide evidence that reasonably shows what you said is not true. So give those facts clearly and specifically. On the season-ticket ground, the panel may refuse the appeal if the operator shows the same thing has happened on at least two previous journeys.

The three stages and their deadlines

The Office of Rail and Road says to contact the train operator and use its appeal system; the regulations require that appeal body to be independent. Look for its details on your penalty fare notice or the operator's website. A panel can allow a longer period at each stage, but do not rely on it. These rules cover National Rail services in England; Transport for London and most Transport for Wales services run separate penalty fare schemes.

If your complaint is about the inspector

If the problem was how an inspector or member of staff treated you, rather than the penalty itself, raise that as a separate complaint to the train operator instead of folding it into the appeal. If the operator does not resolve it, Transport Focus — or London TravelWatch in the London area — can take it up once the operator has had the chance to respond.

Penalty fare appeal

Edit this template with your facts, dates, and requested outcome before sending.

Subject: Penalty fare appeal — notice [number], issued [date]

Dear Appeals Panel,

I am appealing against penalty fare notice [number], issued to me on [date] [at [station] / on the [time] train from [station] to [station]] on behalf of [train operator].

I appeal on the ground that [there are compelling reasons why, in the particular circumstances, I should not be liable to pay it / the penalty fare was not charged in accordance with the Regulations / I own a season ticket valid for this journey but did not have it with me].

I boarded at [station] and was travelling to [station] on the [time] service. [Explain what happened, in order, with times — for example what you tried to do to buy a ticket and why it did not work.]

I enclose [list your evidence — e.g. screenshot of the purchase attempt, bank statement, photo, railcard, season ticket].

I ask that this appeal is allowed. I understand that time on appeal does not count towards the 21-day period for paying the reduced amount.

Yours faithfully,
[Your Name]
[Address and email]

Common mistakes to avoid

• ✕Missing the 21-day deadline, which runs from the day after the penalty was charged
• ✕Treating a prosecution letter or court notice as if it were a penalty fare, and missing its deadline
• ✕Arguing that it was unfair in general without tying it to one of the four grounds
• ✕Leaving out which train you were on and where you boarded — the facts the operator then has to disprove
• ✕Mixing a complaint about an inspector's behaviour into the appeal instead of raising it separately
• ✕Sending no evidence when a screenshot, statement or railcard would support what you say

Next steps

1. 1Find the notice number, the date it was issued and the appeal details
2. 2Decide which of the four grounds applies and gather evidence for it
3. 3Submit the appeal within 21 days and keep a copy
4. 4If refused, note the 14-day deadline for the next stage
5. 5If you have a prosecution letter or court notice instead, get advice straight away