Let me see if I can figure this out.
If you want to pay by cash, then if the "first opportunity" to pay by cash is the "first opportunity" to pay, regardless if you had previous opportunities to pay using another method (ie card only TVMs)
I don't think you can possibly consider a "cash payer" as a fare avoider, simply because they are in possession of a credit card.
But I can't imagine a prosecution should be successful because a passenger offers cash for a fare willingly at the first opportunity but the guard sees a credit card as the cash is being pulled out of a wallet.
Obviously a guard has a sense of who is trying it on, and if they get the them to admit they were using "cash" as the excuse to avoid payment, its a different story.
If the TOC doesnt want to have cash fares paid on the train, then they can simply provide facilities before boarding the train.
If you want to pay by cash, then if the "first opportunity" to pay by cash is the "first opportunity" to pay, regardless if you had previous opportunities to pay using another method (ie card only TVMs)
I don't think you can possibly consider a "cash payer" as a fare avoider, simply because they are in possession of a credit card.
But I can't imagine a prosecution should be successful because a passenger offers cash for a fare willingly at the first opportunity but the guard sees a credit card as the cash is being pulled out of a wallet.
Obviously a guard has a sense of who is trying it on, and if they get the them to admit they were using "cash" as the excuse to avoid payment, its a different story.
If the TOC doesnt want to have cash fares paid on the train, then they can simply provide facilities before boarding the train.