I commute almost daily from Cambridge to King's Cross, and buy e-tickets every day (for convenience and Nectar points!). Last week, I accidentally purchased London-Cambridge off peak return instead of Cambridge-London. I didn't notice it until the gate in Cambridge, predictably, didn't open. When I showed my e-ticket to gateline staff, they said it's the wrong ticket, so I swiped to my return journey for the gates to open.
Now, I realise that technically speaking, I was not allowed to then use my originally outbound journey to return to Cambridge, but I did nevertheless (gates at King's Cross were open, and they opened without issue at Cambridge). Either way, this was a one time thing. My question is - had I been caught, could I realistically face any consequences? The fare I paid was correct, and it was a genuine mistake (which if course is very hard to prove, although my daily usage pattern show a clear directional pattern). Was there a right way of handling it, other than buying another ticket, or paying the £10 admin change fee?
The outward portion of a return ticket is only valid if the return portion has not been used. This rule predominantly exists because on a number of journeys (particularly commuter journeys into London), tickets are more expensive in one direction than the other, or have different restrictions.
Obviously in your case you did not intend to take advantage of any loophole, but the rule nevertheless applies - and so by using the outward portion after you had already used the return portion, you travelled without a valid ticket, and hence without having paid the correct fare.
Given that you were doing so with the intention of avoiding refunding your ticket, it could even be argued that you travelled without previously having paid the correct fare, and with intent to avoid payment thereof.
Accordingly, had you been caught, you could have faced consequences varying in severity from:
- Being let off with "words of advice"
- Being sold a new ticket, whose price could range from a Railcard discounted Super Off-Peak single from your origin (if you're lucky) to an undiscounted Anytime single (if you're less lucky)
- Being issued with a Penalty Fare, which would cost twice the appropriate fare (Off-Peak or Anytime as relevant, but without any Railcard discount)
- Having your details taken and being offered an out of court settlement for £80-100 plus the Anytime single
- Having your details taken and not being offered a settlement, or refusing any settlement offered, resulting in a prosecution and likely a conviction under Railway Byelaw 18, for boarding a train without a valid ticket. The penalty would be a fine of 50-150% of your weekly income, plus the appropriate fare, plus costs, plus the victim surcharge,.
- As above, but with a conviction under section 5(3)(a) of the Regulation of Railways Act 1889 ("RoRA"), for travelling without previously having paid your fare and with intent to avoid payment thereof. This would likely result in a slightly higher fine than above, and would also leave you with a criminal record liable to be declared for most purposes for a year (and possibly still liable to be disclosed in exceptional circumstances after that).
- As above, but being prosecuted for multiple instances of alleged fare evasion, if your purchasing history indicates this is something you may have done on multiple occasions. With an accordingly higher fine and fares to repay.
As to the odds of any of the outcomes lower down in that list happening, I could not comment. But I would certainly not seek to repeat what you did last week.
In future, it may be worthwhile considering buying your tickets from a retailer which allows fee-free refunds on unused tickets - I understand this is the case with tickets bought from GTR's (Great Northern's) websites and apps.
Furthermore, buying tickets online, always through the same retailer, creates a nice traceable purchasing history for any investigator to look through. Therefore it is not something I would do unless I was absolutely sure everything I did was above board. Of course, I appreciate there is great convenience in doing it that way.