So the effect of OP's case is that the forgotten railcard policy does not actually forgive one forgetting a railcard, because technically he has committed an offence by not travelling with a valid ticket, and it's in the mood of the RPI to issue a full / penalty fare (thus regularise the travel) or report to prosecution, right?
Here, can anyone explain to me, in legal terms, why doesn't the action of the train guard constitute an "authority to travel" under the railway byelaw 18(3)(iii)? What should I do if I find out that I forgot my railcard when I'm checked such that I can get a full fare / penalty fare to avoid prosecution?
I entirely agree with you that it should do, and that it should be an internal matter to resolve between the employer and the guard for failing to conduct themselves correctly, however well intentioned.
Good luck proving the guard's actions though, unfortunately - which is part of the reason why policy requires an endorsement, something hardly anyone bothers to provide - I personally have a little A5 tear out notepad which I can write my particulars on for verification, put in such a way that they can't be misused on future occasions.
The national policy of the Rail Delivery Group representing train operators, following Government direction, is that one off failure to produce a railcard shouldn't cause a penalty to be applied, in that a new ticket should be sold without prejudice and subsequently reclaimed. Reporting the offence, even technically committed, should only be the recourse when the customer does not comply with the requirement to buy a new ticket - unfortunately they won't have helped themselves by walking off.
