If I have a Rail Travel Voucher, received due to delay repay, and the ticket office at my departing station is closed, and I obviously cannot use it the ticket machine, can I board the train and pay the guard if one is onboard / at my destination if there is not one?
I think the answer has to be “it depends”.
I will set out two, intentionally extreme, scenarios, with the intent to demonstrate that it is not possible to have a blanket answer.
Person A is carrying a £1.50 RTV with 10 months left to use it, £500 in cash, and half a dozen credit cards with plentiful available limit. He travels by train most days. He has carried the RTV for two months and usually buys his ticket at the station ticket office every day paying by card and not using the RTV. He travels on a route where the only onboard staff member is the train driver and his start and finish stations are ungated. On days when the ticket office is closed at his starting station, he does not buy a ticket from the cash and card ticket machine, saying to himself that if he’s inspected he will say he wanted to pay with the RTV and the balance another way.
Person B has lost his only debit card at the beginning of a long weekend. He has £15 in RTVs from previous delayed journeys, and he has found £1.20 in loose change around the house. He gets the train once a month normally and this time is heading to a relative’s house to borrow enough cash to tide him over until he can withdraw cash over the counter at his bank on Tuesday morning. He turns up to the station and also finds the ticket office closed. His cash won’t even cover a fare to the next station. He gets on the train anyway hoping there’ll be a conductor who can sort it out for him without giving him a “fine”.
It is quite clear that person A intends to “pay only when challenged” and is committing the offence of travelling on the railway without having previously paid his fare and with the intent to avoid payment thereof, contrary to section 5 (3) of the Regulation of Railways Act 1889. He has kept onto an RTV despite having had opportunities to use it in the past, and has plenty of alternative means to pay his fare at the ticket machine.
I don’t think anyone would say that person B has committed any offences here either.
Again, neither of these scenarios is especially realistic. But what it does demonstrate is that having an RTV on you – especially one that is low value in relation to the journey you are making – cannot constitute a blanket indemnity from paying before you board at a station with an operable TVM but no ticket office.