Regular scenario:
Snotty wannabe lawyer or legal student with 16-25 IQ railcard tries it on on wrong train with AP ticket.
To try another way of looking at it: Tired traveller wants to get home, is fed up due to earlier issues, and notices there is an earlier train due.
Chances are they know full well the ticket's not valid, or have gone and asked at booking office and been told it will cost megabucks to travel on next service.
Actually doesn't speak to staff given misinformation commonly received.
Snotty wannabe has a little row with staff there, thinks rollocks to that and proceedes to ignore their advice and catch train anyway.
Traveller heads to the platform anyway, can't find the guard on the platform, and (maybe against his better judgement) boards anyway, maybe expecting he will be able to pay a small premium onboard.
Snotty gets pulled on train, and snotty gets, well..., snotty... with guard, citing some chunk or other of an irrelevant legal textbook.
Guard has no idea as to if they are trying it on, but notices they try and defend themselves so assumes they are guilty with intent.
Guard asks for payment. Snotty refuses to pay, or claims he has no money, despite all the poncey designer clobber he's wearing.
Traveller knows full well if he pays he won't see that money again, so refuses so that he can appeal.
Guard issues UFN, but is not entirely convinced snotty has correctly managed to remember his own name and address, or perhaps snotty has even shown reluctance to part with this information...
Traveller gives correct information, but guard still assumes guilt.
Guard quite rightly retains railcard as an aid to prosecutions dept following up his subsequent TTEF.
Guard takes railcard from genuinely sincere traveller who has meant no harm, but received no receipt, and has no evidence it was even ceased upon appealing or court case.
With a bit of luck, guard's TOC as usual chooses to use
the harshest possible magistrates court in their vicinity to ensure snotty gets a nice criminal record to back up his legal studies.
Now, of course, snotty and Pipps are two totally different people, aren't they? - I mean, they've nowt at all in common, have they???
This bit really irritates me. The court system is there to establish the truth, and treat all persons fairly. Hoping that they are found guilty regardless with unfair sentencing shows disregard for the fair treatment that our society aims to be built upon. If you ended up before a court for something you did, with intent or not, wouldn't you expect fair uniform treatment in establishing your guilt, and consistency with mitigating factors correctly considered when sentencing? Or would you hope some guy in an office gets a part in that decision?
I myself have travelled outside of my tickets validity once knowing full well of consequences (and also some awareness of my legal rights). I knew that my train departed 3 minutes before my ticket was valid, and knew that I could be excessed (but, alas, not penalty fared). I spoke with the guard on the platform, who agreed, but if I'd made a split-second decision and boarded I would have expect fair treatment from the guard (or if it somehow came to it, the magistrates).