Penalty fare v prosecution

[pethadine82]

It has been interesting reading the comments regarding situations when people dont hold a valid ticket.
Some TOC charge you the full open single fare while others operate penalty fares.

I noticed that some people have been summoned to court for having an invalid / no ticket, were they issues a penalty fare or do the RPIs go straight for the court option.

 

[Stigy]

Depends on the circumstances. The Penalty Fare should be treated as a deterrent to not holding a valid rail ticket and should not be issued where fare evasion is suspected. The Penalty Fare is a civil remedy for a criminal matter, and should one be issued and go unpaid, the TOC will usually cancel the notice and proceed to the Magistrates' Court under the Byelaws (usually 18(1)). If this is the case, it's not the unpaid penalty that is being prosecuted, but the initial fare avoided.

Of course it also depends on the staff as to how a matter is dealt with, and it's not uncommon for even the most persistent fare evaders to be issued yet another Penalty Fare Notice. Also, a lot of staff don't take details from people if they want to pay up-front, which is all well and good, but open to abuse by the more intelligent fare evader who realises that £20 once a week is cheaper than his season ticket.

 

[island]

It will ultimately be up to the TOC staff member involved as to how he/she deals with a person holding no or an invalid ticket. The potential actions could include nothing (e.g. passenger holds LONDON TERMINALS to BIRMINGHAM STNS route VIA HIGH WYCOMBE and presents it on board a Virgin train on Saturday), an excess, a new ticket at the price which would have been payable before the journey, a new Anytime ticket, a Penalty Fare, prosecution under the Railway Byelaws, and prosecution under the RRA 1889. And probably more besides.