10.6 When are you liable to pay a Penalty Fare
A passenger may be liable to pay a penalty fare if he fails to present a valid ticket for inspection when required to do so by an
authorised collector when present on or leaving a
penalty fares train having travelled from a
penalty fares station or present in a
compulsory ticket area. In this context, a ticket is not a valid ticket if not accompanied by a required Photocard, Railcard, or other supporting document.
The underlined terms are defined as follows:
- Authorised collector: A staff member specifically trained to issue penalty fares, who must carry a photo ID identifying him as such and present it when requested
- Penalty fares station: A station identified as a Penalty fares station in a TOC's penalty fares scheme. Generally these are identified as "all stations we serve", all stations in a geographic area except [list of unmanned halts], or similar.
- Penalty fares train: A train identified as a Penalty fares train in a TOC's penalty fares scheme. This will often be all the TOC's trains, or all trains operating within certain geographic boundaries.
- Compulsory ticket area: An area where it is mandatory to hold a ticket to enter. There are very few compulsory ticket areas on the network. In theory, a passenger may need to get a platform ticket to see someone off.
It should be noted that Penalty Fares on London Overground as well as DLR, London Underground, Tramlink, and London buses are issued under a completely different set of legislation, and it is normally not possible for a TOC authorised collector to issue Penalty Fares for a TfL company or vice-versa. This can be important at stations which are joint National Rail and TfL, such as Watford Junction and Stratford.
A passenger issued a Penalty Fare is obliged to give his name and address to the authorised collector. Authorised collectors will often telephone a control centre to verify the name and address given against central databases such as credit reference agencies or the electoral register. The passenger is
under no obligation whatsoever to produce any identification documents, nor is he obliged to wait during a verification process.
There are quite a few exceptions which excuse a person from being liable to pay a penalty fare. These include:
- The passenger has a ticket that is invalid only due to travelling at the wrong time of day (e.g. an off-peak ticket being used at peak times) or on a route prohibited by a geographical restriction in the route field of his ticket (e.g. including a VIA ASCOT ticket used via Slough). A passenger meeting these criteria should be charged an excess fare instead. Note that a passenger travelling on a ticket in violation of a restriction limiting the Train Operating Companies which may be used (e.g. a ticket routed SOUTHERN ONLY being used on FCC or SWT) is liable to a penalty fare.
- The station at which the passenger joined the train had no working ticket facilities available.** Note, however, that this does not include a ticket vending machine which does not sell the specific ticket desired; in this case the passenger is obliged to purchase a ticket permitting him to commence his journey and part-exchange it for the desired ticket at the first opportunity.
- The passenger wished to purchase a privilege-rate ticket (for staff members) and there was no staffed ticket office at his origination station.**
- The passenger changed onto the penalty fares train during his journey, the station at which the passenger commenced their journey had no working ticket facilities available, and he had no reasonable opportunity to purchase a ticket either on that train or at an interchange station.**
- Penalty Fares posters or notices were not displayed at the entrance to the platform from which the train the passenger used departed.*
- A notice or an authorised person said that the passenger was, or passengers in general were, permitted to join a train without a ticket.**
- The authorised collector who challenged the passenger is not authorised by the Train Operating Company which the passenger used.*
- The passenger joined the train at a station which is not a Penalty Fares station.* or **
- The train the passenger used was not designated a Penalty Fares train.*
* In this case the passenger remains liable to pay the full Anytime fare for the journey made (single, or if requested, return). No Railcard discounts are permitted.
** In this case the passenger remains liable to pay the fare for the journey made and is entitled to any discounts or off-peak fares which would have been available if they had the opportunity to purchase before commencing the journey.
It is not, however, a valid excuse that there was a long queue to use the ticket facilities at the station where your journey started. You are expected to allow enough time to purchase a ticket. Also, there is no specific exemption from a Penalty Fare where a passenger has the means to pay for a ticket but the ticket-selling facilities at the station do not accept them (e.g. card-only vending machine and the passenger wishes to pay cash, permit to travel machine and the passenger does not have any non-copper coins, machine not giving change, etc.)
In all circumstances authorised collectors are expected to use their discretion when appropriate.
A passenger is not absolutely entitled to a Penalty Fare when caught without a valid ticket. An authorised collector may decide to lodge a Travel Irregularity Report or MG11 instead.