"David of Broadway" wrote in message
...
MIG wrote:

A penalty fare is not a fine, and it should not be issued in a case
where fare evasion is suspected. It seems that the staff concerned
acted correctly and did not issue one in this case, because there was
suspicion of fare evasion.

It would have been wrong to issue penalty fare if fare evasion was
suspected, because it would make systematic evasion worthwhile (free
travel and the occasional £20 when caught).

Pardon my ignorance, but when is a penalty fare appropriate if not for
suspected fare evasion?

IANAL but... The penalty fare scheme was brought in because in UK, fare
evasion is prosecuted under the theft act, which requires a certain level of
proof of intent, therefore anyone offering to pay when challenged could not
realistically be taken to court for theft. A penalty fare is offered to
someone travelling without an appropriate ticket only in a defined penalty
fare area.

Someone who attempts to defraud the railway by presenting someone elses
pass, or a fake ticket, or by doing a runner - is clearly intending not to
pay, therefore would be likely to face a prosecution.

Paul