1.1 Background
Midland Metro Limited (trading as West Midlands Metro) currently operates a penalty fare regime pursuant to Section 4 of the Midland Metro (Penalty Fares) Act 1991 (the Act”), updated by the Midland Metro (Penalty Fares) Order 2019. The Act states that ‘If a person travelling on a Metro vehicle, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, he shall be liable to pay a penalty fare if required to do so by an authorised person.’ The penalty fare is set at £100 in accordance with Section 5(1) of the Act.
This document provides an overview of the Penalty Fare Scheme operated by Midland Metro Limited (“MML”) and sets out the process for appealing a Penalty Fare Notice (PFN) where a person believes that it has been issued incorrectly or unfairly.
1.2 Authorised Persons
Revenue protection activities on behalf of Midland Metro Limited (“MML”) are undertaken by MML’s Revenue Team, which forms part of the Commercial and Customer Experience Department.
Revenue protection duties may be carried out by MML employees or personnel supplied by an approved third-party contractor. Individuals who have successfully completed the requisite training and have been assessed as competent by an approved trainer shall be designated as an “Authorised Person” for the purposes of the relevant legislation.
Authorised Persons are empowered to undertake revenue protection activities in accordance with the applicable legislative framework, the requirements of the Penalty Fare Scheme, and MML’s policies and procedures.
All activities relating to the collection and protection of revenue will be in compliance with the Conditions of Carriage as set out by MML and published on www.westmidlandsmetro.com
1.3 Information Notices
MML will display information notices in compliance with Section 7 of the Act on each tram stop and tram, informing customers of the general terms and conditions of travel and the requirement upon them to have or obtain a valid ticket for travel before boarding, and the possible consequences of non-compliance.
1.4 Opportunities to Purchase
MML will, wherever reasonably practicable, maintain a minimum of two Ticket Vending Machines (TVMs) at each tram stop. In addition, MML will provide alternative ticket purchasing channels, including digital sales platforms such as a mobile ticketing application, to enable customers to purchase a valid ticket where a TVM is unavailable or affected by a service disruption.
By maintaining multiple ticket purchasing channels, MML seeks to ensure that customers are afforded an adequate opportunity to obtain a valid ticket for travel before boarding. In doing so, MML meets the requirements of Section 4 of the Act in respect of providing facilities for the purchase of tickets prior to travel.
1.5 Operational Arrangements
MML will seek to maintain revenue protection coverage across the entire network throughout the full operational day. Revenue protection resources will be deployed in accordance with both intelligence-led and coverage-led deployment plans, which shall be reviewed periodically by the Revenue Manager.
Revenue protection activities will comprise a combination on-board ticket inspection, at stop blockades. and such other operations as MML considers appropriate. Where beneficial, these activities may be undertaken in partnership with the Safer Travel Partnership and other public transport operators to support compliance, deter fare evasion, and enhance the safety and security of the network.
1.6 Penalty Fare Notice
The Penalty Fare Notice (“PFN”) issued by an Authorised Person will provide the individual with details of the offence and include information on the penalty amount, how to make a payment, and the process to make an appeal. An additional guide will also be provided at the time of issue and is shown in Appendix A.
1.7 Appeals
Appeals will be considered in compliance with the Penalty Fare Appeals Procedure detailed in section 2 of this document.
A customer can make an appeal against a Penalty Fare Notice (PFN) which they have been issued, if they believe that its issuance was not in compliance with the Act as detailed in Appendix B of this document (Extract from the Midland Metro (Penalty Fare) Act 1991).
An appeal can be made at any time before the expiration of the period of 28 days, commencing on the day following the issue of the PFN.
Appeals must be submitted in writing via a recorded letter or by visiting https://appealservice.co.uk/, and the PFN reference number must be quoted in all correspondence. Appeals must be sent to:
Penalty Fare Appeals
The Metro Centre
Potters Lane
Wednesbury
WS10 0AR
On receipt of an appeal against a PFN, the 28-day period for payment, which will commence from the day following the date of issue, will be suspended immediately and until such time that a decision is made.
All appeals received will be acknowledged on receipt and be dealt with within 14 days.
After a decision is made the following will apply:
APPEAL UPHELD | PFN is no longer payable. | No further action. |
APPEAL DISMISSED | PFN will remain payable and the 28-day countdown will resume from the date of notification to the customer. Legal proceedings may commence if the PFN remains unpaid after the expiry of the 28-day period. | When the PFN has already been paid, no further action will be necessary. |
The outcome of each appeal will be notified in writing to the person concerned when such a decision has been reached.
All correspondence will be recorded on the PFN database.
Should a customer fail to pay the penalty fare within the 28-day period and not appeal, MML reserves the right to take legal action to recover the amount of the penalty fare. This may result in a summons being issued under the Midland Metro Byelaws as enacted under the Midland Metro Act 1989 and may also result in the customer being prohibited from entering the premises of, or using the tram.
There are 2 stages to the Penalty Fare appeals process.
Stage 1 | Customer Service Officer review | Appeal must be received within 28 days, commencing on the day following the issue of the PFN. |
Stage 2 | Customer Service Manager review | Appeal must be received within 14 days from date of Stage 1 rejection letter |
At each appeal stage, the circumstances relating to the issue of the penalty fare and the degree of compliance of the issue of the penalty fare with the requirements of the Act will be considered.
At Stage 1, appeals will be considered by an MML Customer Services Officer. The outcome of the appeal will be communicated to the customer in writing and include the decision to uphold or dismiss the appeal, together with the reasons for that decision.
A response will be issued within 14 days of receipt of the appeal. The response will also include details of the Stage 2 appeal process, including the method by which a further appeal may be submitted and the applicable timescales for doing so.
If the customer is dissatisfied with the result, a further appeal can be made to the Customer Services Manager (Stage 2). This second appeal must be made within 14 days of the notification of the outcome of the Stage 1 appeal. The Stage 2 decision will be communicated to the customer including the grounds for upholding or dismissing the appeal. This response will be made within 14 days of receipt of the appeal. The outcome of the Stage 2 appeal will be final.
Only one appeal stage will be considered at a time. A Stage 2 appeal can only be made once a Stage 1 appeal has been considered and formally rejected.
Appeals against penalty fares must be upheld if any of the following specified conditions apply:
In all other cases, consideration will be given to all relevant facts and circumstances. Where none of the grounds listed above apply, the appeal will normally be dismissed. Notwithstanding this, an appeal may be upheld where the circumstances of the case are deemed exceptional and the imposition of a Penalty Fare Notice (PFN) would be unreasonable.
Documents and evidence relating to penalty fares and appeals will be held by MML for a period of 6 years after the payment of a penalty fare or at the conclusion of an appeal.
Periodic audits will be undertaken by MML’s QHSE department on MML’s compliance with this procedure.
