On Feb 19, 7:00 pm, "tim....." wrote:
"Paul Scott" wrote in message

...







"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.

That is incorrect analysis.

Offering to pay when challenged can easily be proof of guilt.
A genuine reason for not having a ticket is required for there
to be no chance of a prosecution and offering to pay when
challenged suggest that the passenger knows that they
didn't have an appropriate excuse.

tim


I don't know; given that the only way that they are legal is because
they are claimed to be a standard fare that you pay if you don't get a
ticket before getting on the train, it's conceivable that someone in a
hurry could fully intend to pay the higher penalty fare on the train
rather than queue at the ticket office.