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I agree with anme that the current sysyem essentially privatises profits and nationalises losses. In this context, I cannot help but suspect that a fares model designed by ATOC and the TOCs would use dubious assumptions on changing passenger behaviour/ ticket usage in order to get DfT approval...

For the record, a TOC cannot prosecute if an appeal against a PF succeeds (even if, as here, an offence was committed): http://www.legislation.gov.uk/uksi/2018/366/regulation/11/made *RRA and railway byelaws. It is debatable (indeed, in my view, downright doubtful) whether TOC may lawfully...

I don't have the knowledge to comment on whether there is, or might be, a viable defence to the underlying offence, so will refrain from commenting on this. I'm not aware of any cases where a TOC has attempted to cancel a PF and prosecute *solely* for having appealing against the PF, provided...

Presuming you are referring to fares regulation, I was advised the opposite by the DfT (albeit with the caveat that they told me that this was a opinion rather than a definitive statement of law), which is why some GWR (regulated ex-SVR) SSR restriction codes permit travel from Reading after...

For what it's worth, many TOC websites continue to quote the 'old' rule that BoJ is always permitted on the return leg of (Super) Off-Peak Returns. Arguably, if this is the information provided to the customer at the point of sale, and a passenger who needs to break their return journey...

The time limit is 21 days from becoming aware of the conviction, so, as I understand it, a statutory declaration (SD) would not necessarily be 'out of time', depending on precise timescales, although it sounds like the OP's friend might have spend the period in fruitless informal engagement with...

The section of the NRE relating to Rovers and Rangers is hopeless; often with incorrect or different pricing, ticket descriptions (for example, referring to Cheap Day Returns 10 years after they were rebranded) and, as here, route maps, relative to other official sources, such as TOC own...

The ticket used for A to B will be straightforward and uncontroversial. This isn't the flow in question, but suppose, for the sake of drawing an analogy, that a Twyford- London "via Reading" CDR, (P7, no BoJ restriction), undercut the Reading- London CDR (it doesn't). Could such a hypothetical...

I don't wish to name the stations at this stage, but, with stations A -> B -> C -> D in a line, not being part of the same station group, I'd like to buy a C to D "via B" CDR ticket which permits BoJ at intermediate stations, and use it, along with a different CDR valid for A to B, to travel A...

There are three parts to (5)(1), (deliver a valid ticket, pay his fare or give name and address) and surely each of them must be satisfied for the offence to be made out. In the case where a passenger has given their name and address correctly and fully on request, he or she may well be guilty...

I once travelled on the 07:37 XC service from Patchway to Bristol Temple Meads, in standard class, buying my ticket at the first opportunity on arrival at Bristol Temple Meads. I wondered at the time what would have happened if I had travelled in first class, and asked to be sold a first class...

This may not be directly relevant to the OP now, but, for the benefit of other readers, they do not make it clear at all; the full version of the *actual* T & Cs states: There is nothing in the actual Surrey CC Train fare card T & Cs (which form part of the contract for travel), as distinct...

The summary of the conditions say that the discounted season ticket is valid only for 'commuting', but the full, official T & Cs...

The outgoing SWT franchise agreement states: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526360/RED_SSWT_Franchise_Agreement__x___1_.pdf I presume that the EMT agreement has similar language. It seems clear, from the TSA: and from basic principles of contract law...

Causton quotes from Rule 7.6 of the Penalty Fares Rules 2002, which remain in force: https://www.appealservice.co.uk/Documents/SRA-Penalty-Fare-Rules-2002.pdf These Rules are issued under the Penalty Fares Regulations 1994 under the Railways Act 1993, and provide the statutory basis for the...

I don't believe revenue allocation determines validity.

That answer is a lot of manure. It makes me angry that they can shamelessly lie like that (and yes, I believe they are lying and not merely mistaken):-x

The OP, if wishing to follow the rules strictly, could: 1) refund his original ticket (less £10 admin fee) and buy the split mentioned by JakeF, (this should work out cheaper than the second option, although return travel would also have to be via Manchester); 2), or could excess the outward...

If the OP has received and paid an *actual* PF, rather than a sum in lieu, then it is clearly not valid, and I would seek to appeal it, both formally and informally. The entire incident, along with similar examples, shows just how biased the system is towards the TOCs, and how they can use the...

It seems to me that recklessly telling falsehoods about the validity of a ticket, or denying passage at barriers to holders of valid tickets, could constitute a misleading commercial practice under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008, which would be a...