Northern Penalty Fare Scheme (as of 14 May 2018)

[sheff1]

Travelling through Mytholmroyd today I spotted a prominent notice on the westbound platform which said "Penalty Fares do not apply for travel from this platform" *. So, at at least one station, Northern appear to accept that it is not reasonable for passengers to traipse back and forth to buy a ticket.

* wording might not be exact, but the message was clear.

 

[johntea]

Today I travelled from a unstaffed PF station to Leeds with cash, TVM at the station out of order, battery flat on board, therefore no choice but to buy on arrival at Leeds! It would be interesting to see how revenue protection would have reacted to that, a clear case of no opportunity to pay but is it down to me or them to prove the TVM was out of order and the guard had a flat battery? (I don't even think the TVM shows the time and date when it is out of order either!)

On the back of the ticket issued at Leeds
'PENALTY FARE WARNING If travelling from a Penalty Fare Station, on a Penalty Fare Train, you must buy your ticket (or get a promise to pay notice or Permit to Travel) before you board the train where ticket, or Permit to Travel or promise to pay facilities are available. If an Authorised Penalty Fares Collector had been checking tickets you may have been charged a £20 Penalty Fare or twice the full single fare to the next station stop, whichever is the greater. You must buy a valid ticket before boarding a train , if ticket issuing facilities are available'

 

[ForTheLoveOf]

Today I travelled from a unstaffed PF station to Leeds with cash, TVM at the station out of order, battery flat on board, therefore no choice but to buy on arrival at Leeds! It would be interesting to see how revenue protection would have reacted to that, a clear case of no opportunity to pay but is it down to me or them to prove the TVM was out of order and the guard had a flat battery? (I don't even think the TVM shows the time and date when it is out of order either!)

On the back of the ticket issued at Leeds
'PENALTY FARE WARNING If travelling from a Penalty Fare Station, on a Penalty Fare Train, you must buy your ticket (or get a promise to pay notice or Permit to Travel) before you board the train where ticket, or Permit to Travel or promise to pay facilities are available. If an Authorised Penalty Fares Collector had been checking tickets you may have been charged a £20 Penalty Fare or twice the full single fare to the next station stop, whichever is the greater. You must buy a valid ticket before boarding a train , if ticket issuing facilities are available'

If a Penalty Fare is issued, the burden of proof is on the TOC (see subsection 4) to disprove any allegation you make, i.e. if you allege that the TVM was out of order then it is upon them to disprove this.

With a prosecution under the Railway Byelaws the reverse applies: a lack of available ticketing facilities is a defence, but it is on you must prove it (although all you are required to to is to introduce reasonable doubt, not prove it beyond all reasonable doubt).

With a prosecution under the Regulation of Railways Act it would be incumbent upon the TOC to prove intent to avoid payment. Whilst in the mere case of failing to use available ticketing facilities, that is unlikely to be suffiient to constitute intent, even if it did, it would be incumbent upon the TOC to prove all elements beyond reasonable doubt. If you claimed there were no ticketing facilities then it would, prima facie, be for them to disprove this.

 

[geoffk]

Travelling through Mytholmroyd today I spotted a prominent notice on the westbound platform which said "Penalty Fares do not apply for travel from this platform" *. So, at at least one station, Northern appear to accept that it is not reasonable for passengers to traipse back and forth to buy a ticket.

* wording might not be exact, but the message was clear.

I knew about this notice but odd that it's still there as Mytholmroyd now has a TVM on each platform (although on my last visit both were out of order). It's certainly a long trek round between platforms.