When, in your opinion, has a passenger "refused" to accept a penalty fare? What must he say or do?
I've never issued PFs so can't comment directly.
However as a Guard I have reported countless passengers through the TIR Process. Conversation usually goes something like this;
I'm sorry sir your ticket is not valid at this time in the morning as it's an Off-Peak ticket and you cannot travel on that until after 9:30 am.
Oh, I didn't know that as the website failed to tell me.
I can offer you one of 2 choices, you can either get off at the next manned station and wait there for an hour or pay an excess of £XX and stay on this train.
That's ridiculous, it's your websites fault for not pointing the restriction out when I purchased the ticket.
You are more than welcome to put a Customer Complaint in regarding the website sir however the restriction still stands and if you wish to remain on this train then you will need to pay the excess which is the same amount you would've been charged if you'd purchased the correct ticket anyway so you are not being penalised in anyway for the error.
I don't agree and I don't see why I should have to pay anymore than I have done already.
I'm afraid sir that you will still need to either pay the excess or leave the service and wait for a train that is Valid with your ticket. You are welcome to pay the excess for which I will give you a new ticket and receipt and take it up with customer relations later on.
Nope, I'm not getting off as I need to get to work and I won't be paying for a new ticket.
In that case you're required to provide me with your details and our revenue protection department will contact you in the near future to discuss your journey today and ticket held.
I'll do that and take it up with them.
I must warn you sir that going down this route is very risky as you leave yourself open to being taken to court for traveling without a Valid ticket and paying the fare due when given an opportunity.
Are you threatening me? You don't intimidate me, I have friends who are lawyers and there is no way this will go anywhere near a court. Do whatever you like.
And we go through the TIR process..... Prosecution letter drops through the customers letter box and reality hits home. Usually for small sum of sub £20.
I have left out the 'Jobsworth' type comments that you usually get inbetween. Most passengers who get reported through MG11s or TIRs talk themselves into far more trouble than is necessary usually because they talk themselves into a corner and then do not want to lose face in front of other passengers by backing down. Of the 80 or so TIRs I have submitted, only around 5 were for passengers I was out hunting for as they were regular fare evaders. The other 75 were given every opportunity throughout to consider whether all the hassle that is to come is worth it for the sake of a few quid.
The most petty one I had was a female who had been sold a Single in the morning instead of a Return by the ticket office. I came across her on the return journey where she handed over a Single from that morning. After a brief conversation I was satisfied it was a mistake.
I politely explained to her that she should check her tickets before leaving the window in future to avoid such situations and offered to excess the Single to a Return for 10p.
Because according to her it was the clerks mistake she refused to pay the 10p and went on to become pretty abusive so talked herself into being met by the BTP and went on to being prosecuted for ticketless travel, refusing to pay, providing false details and being verbally abusive towards a member of railway staff. She was otherwise a pretty decent well educated person in a good steady job.
Some people just cannot be helped on the day and leave staff with one of two options;
1) Let it go. But this will just encourage the passenger to argue and abuse their way out of any similar situation in future with one of my colleagues.
2) Go down the TIR/MG11 route and let the TOC and passenger deal with it directly.