Regulation 9 Recovery of a penalty fare as a civil debtI1

England, Wales and Scotland

(1)

Where a person charged a penalty fare has in due time provided the operator by or on whose behalf the penalty fare was charged with a relevant statement, in any proceedings for the recovery of that penalty fare, it shall be for that operator to show that any of the facts described in the relevant statement is not true.

(2)

A relevant statement is a statement in writing informing the operator in question —

(a)

in the case of a person charged a penalty fare in circumstances where he was travelling by, present on or leaving a train —

(i)

of the train and of any preceding train by which he was travelling or had travelled or on which he was present or had been present;

(ii)

of the station and the time at which he boarded that train and any preceding train and, other than in the case of his leaving a train at a station, the station at which he intended to leave that train;

(iii)

whether any of the circumstances described in regulation 6(2) arose in relation to the station at which he boarded the train and any preceding train, and, if so, which;

(b)

in the case of a person charged a penalty fare in circumstances where he was present in or leaving a compulsory ticket area but was not leaving a train —

(i)

whether he was proposing to travel by train, and if so, by which train and to which station, and if not so proposing to travel, the reason for his presence in the compulsory ticket area;

(ii)

whether any of the circumstances described in regulation 7(2) arose in relation to the station of which the compulsory ticket area formed part and, if so, which.

(3)

For the purpose of paragraph (1) a relevant statement is provided in due time if it is provided at any time within the period of 21 days commencing with the day on which the person was charged a penalty fare.

Annotations

Commencement

I1: Reg. 9 in force at 1.4.1994, see reg. 1(2)