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Show railcard immediately - what are the rules?

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Breadman17

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Hi All,

Taking the train today from Birmingham New Street to London Euston with my girlfriend, and we were asked to show tickets and railcard (16-25), by a revenue protection officer (I think these are different to regular ticket inspectors?)

I have the railcard app and showed immediately, however my girlfriend who doesn’t travel by train as often was struggling to find hers on her phone, although she knew she had bought one just before Christmas, so knew she had a valid railcard.

I politely asked the inspector for five minutes to find the railcard, whilst he checked tickets further up the train, but he said no, and said she would have to pay a Fixed Penalty Notice since she didn’t show thee railcard immediately, saying that not being able to show the railcard immediately was grounds for a fine. I started arguing with him, asking again for 5 minutes to find the railcard, he threatened to throw us off the train at the next station - he was very aggressive and threatening. This went on for a few minutes, until fortunately my girlfriend found the railcard (it was on Trip.com app not Trainline like she initially thought - clearly an innocent mistake), which he accepted.

I have some questions:

1) Is it true I have to show railcard immediately on demand ? The apps can be unreliable due to internet connection issues etc , it hardly seems unreasonable to ask for five minutes to find the railcard !

2) Is there a place I can complain about the officer? I really feel his behaviour was very inappropriate, and was quite upset. He was really very aggressive and rude - anyone with a shred of humanity would allow 5 minutes to find a railcard. My girlfriend is foreign and can struggle with English in stressful situations, and if I wasn’t there she would probably have ended up paying the fine due to his bullying behaviour… There are signs up all over the train (rightly) saying not to abuse staff - but apparently it’s acceptable for staff to abuse customers? It seems to me that this officer works the job simply for the opportunity to bully passengers…
 
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Tazi Hupefi

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It must be available and produced on demand of any authorised officer of the railway, i.e. immediately.

With respect, if you waited 5 minutes for every single customer, you'd never get any revenue protected.

However - whilst I don't think a formal Penalty Fare appeal here would succeed, there is the Forgotten Railcard / Unavailable Procedure which a train operator may find appropriate to use their discretion on here, which may see them cancel the notice on production of a valid Railcard.
 

Starmill

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It must be available and produced on demand of any authorised officer of the railway, i.e. immediately
Can you substantiate that? It sounds like something you've made up to me.

== Doublepost prevention - post automatically merged: ==

With respect, if you waited 5 minutes for every single customer, you'd never get any revenue protected.
Not the consumer's problem if the inspector wishes to wait rather than return in a few moments, as 90% of inspectors already do.

== Doublepost prevention - post automatically merged: ==

However - whilst I don't think a formal Penalty Fare appeal here would succeed, there is the Forgotten Railcard / Unavailable Procedure which a train operator may find appropriate to use their discretion on here, which may see them cancel the notice on production of a valid Railcard.
Five minutes isn't usually long enough to go from asking for a ticket to completing a valid penalty fare anyway. They wouldn't even get the name and address check done. So I'd say this is irrelevant.
 

Tazi Hupefi

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Byelaw 17 and Byelaw 18

a person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person
Regulation of Railways Act 1889

(1)Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is

Penalty Fare Regulations

A person travelling by, present on, or leaving a train must, if required to do so by or on behalf of an operator, produce a valid travel ticket.

Clearly - the legislation and reality cannot be that you only have to deliver up a ticket when convenient for the customer, it is obviously on demand. The obligation is on request or demand.
 
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Starmill

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Is it true I have to show railcard immediately on demand ? The apps can be unreliable due to internet connection issues etc , it hardly seems unreasonable to ask for five minutes to find the railcard !

2) Is there a place I can complain about the officer? I really feel his behaviour was very inappropriate, and was quite upset. He was really very aggressive and rude - anyone with a shred of humanity would allow 5 minutes to find a railcard. My girlfriend is foreign and can struggle with English in stressful situations, and if I wasn’t there she would probably have ended up paying the fine due to his bullying behaviour… There are signs up all over the train (rightly) saying not to abuse staff - but apparently it’s acceptable for staff to abuse customers? It seems to me that this officer works the job simply for the opportunity to bully passengers…
I believe the answer to all of your questions is that you met someone with a bad attitude. There is nothing more than that to it. 90% of ticket inspectors won't be so negative.

== Doublepost prevention - post automatically merged: ==

Byelaw 17 and Byelaw 18
Precisely. So not "immediately" then.
 

Tazi Hupefi

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I believe the answer to all of your questions is that you met someone with a bad attitude. There is nothing more than that to it. 90% of ticket inspectors won't be so negative.

== Doublepost prevention - post automatically merged: ==


Precisely. So not "immediately" then.
That would be an utterly and impractically perverse interpretation.
 

Starmill

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That would be an utterly and impractically perverse interpretation.
It's perfectly reasonable and logical. If you disagree perhaps you should give us your maximum number of seconds permitted? And substantiate why that's the correct number.

My position is that there is no such number. However 300 seconds is entirely acceptable.
 

pedr

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A passenger really ought to look at their ticket and any railcard immediately before boarding a train. This would mean they'd know that it was valid - which is what they have to be certain of, and correct about, to avoid committing a crime, and it would mean that anything that needs re-loading or finding is readily available. Passengers who don't do this are risking that a technical fault or human error might mean that they can't comply with the requirement to show their ticket later in the journey.
 

Tazi Hupefi

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It's perfectly reasonable and logical. If you disagree perhaps you should give us your maximum number of seconds permitted? And substantiate why that's the correct number.

My position is that there is no such number. However 300 seconds is entirely acceptable.
It is very simply on demand - immediately on being demanded or requested to do so. The obligation is immediate.

In practical terms, the railway may allow some individual discretion here, but that doesn't negate the requirement that it is on demand.
 

Starmill

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It is very simply on demand - immediately on being demanded or requested to do so. The obligation is immediate.
Something which, as we have already established, you just made up.

== Doublepost prevention - post automatically merged: ==

In practical terms, the railway may allow some individual discretion here, but that doesn't negate the requirement that it is on demand.
It's not discretion. The railcard was provided. Any Penalty Fare would fail to be lawful. Even the inspector accepted that.
 

dmsh23

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It is ridiculous that you have to show the railcard immediately. The railcard app does require a sort of connection to the Internet to show up. My girlfriend got asked to provide her railcard and the app wasn't loading at all - she realised that her phone is connected to Northern's shocking WiFi network so she turned it off and the app immediately loads up.
 

Tazi Hupefi

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Based on English law and the context of railway travel, "on demand" generally means that a passenger must produce their ticket at the time of the request by an authorised person. It does not mean they can go and retrieve it later.

Strict Liability: The offence of failing to produce a valid ticket on a train is a "strict liability" offence. This is a key legal concept. It means that the passenger's intention is irrelevant. It doesn't matter if you have a valid ticket but have lost it, forgotten it, or it is on a dead phone. The offence is the failure to produce it on demand. This principle is well-established in the context of the Regulation of Railways Act 1889, Section 5(1) and railway byelaws.

The "On Demand" Clause in Law: While there isn't extensive case law specifically defining "on demand" in the context of a railway ticket, the term is widely understood in English law, particularly in commercial contexts like "on-demand bonds" and "demand loans." In these areas, "on demand" means that the obligation to pay or perform is triggered immediately upon the request of the creditor or beneficiary, without any need for further notice or a waiting period. This legal interpretation supports the idea that the railway ticket must be produced immediately.

Railway Byelaws and Conditions of Travel: The requirement to produce a ticket on demand is reinforced by the railway byelaws and the National Rail Conditions of Travel. These state that passengers must have a valid ticket for their journey and be able to produce it when requested. If they cannot, they may be liable for a penalty fare or prosecution. The system is designed for immediate compliance to ensure that revenue protection officers can do their job effectively at the point of inspection.

Practical Implications: The practical reality is that a railway official cannot be expected to wait. The entire system of revenue protection on the railways is predicated on the ability of staff to verify a passenger's entitlement to travel at the time of the check.
 

Starmill

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It is ridiculous that you have to show the railcard immediately.
You don't. I can't stress this enough, you have to show it when asked - the stipulation "immediately" is just something that a particular person has invented.

There's no time limit written down. I am unclear how any limit could be written down. Five minutes is totally within the reasonable time to count as "when asked". Two hours, say, probably wouldn't be.
 

Tazi Hupefi

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You don't. I can't stress this enough, you have to show it when asked - the stipulation "immediately" is just something that a particular person has invented.

There's no time limit written down. I am unclear how any limit could be written down. Five minutes is totally within the reasonable time to count as "when asked". Two hours, say, probably wouldn't be.
You, are the only one who has failed to provide a source for your statement here.
 

Starmill

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My girlfriend got asked to provide her railcard and the app wasn't loading at all - she realised that her phone is connected to Northern's shocking WiFi network so she turned it off and the app immediately loads up.
Common problem. I suggest that you should simply keep saying "just a moment, please" if this happens again.

I doubt it will happen again though as the vast majority of ticket inspectors will volunteer to give you a moment by moving onto the next few people and then returning to you. You don't need to suggest that they do this yourself, they'll probably just do it.

Obviously if they were to return five or ten minutes later and you still didn't have anything to show them I suspect you may receive a different outcome.

== Doublepost prevention - post automatically merged: ==

You, are the only one who has failed to provide a source for your statement here.
I don't need a source. You said the requirement was "immediate". I say you have invented something. You need to evidence me being wrong or you being right.
 

dmsh23

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You don't. I can't stress this enough, you have to show it when asked - the stipulation "immediately" is just something that a particular person has invented.

There's no time limit written down. I am unclear how any limit could be written down. Five minutes is totally within the reasonable time to count as "when asked". Two hours, say, probably wouldn't be.
I understand what you are saying. I'm talking about how the railcard apps are so poorly coded that can cause issues with this kind of situations.

I know people will say 'oh you should make sure everything is loaded up before you board the train' and I get it however sometimes it is easy to forget to prepare yourself especially when in rush. One time when I was going from London to Nottingham and an inspector asked me for my railcard; I struggled to load up due to lack of signal in the area where MML is and the Class 222's windows (I've managed to load it up but I could tell the inspector wasn't too happy)
 

Starmill

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While there isn't extensive case law specifically defining "on demand" in the context of a railway ticket, the term is widely understood in English law, particularly in commercial contexts like "on-demand bonds" and "demand loans." In these areas, "on demand" means that the obligation to pay or perform is triggered immediately upon the request of the creditor or beneficiary, without any need for further notice or a waiting period. This legal interpretation supports the idea that the railway ticket must be produced immediately.
Also, have you copied this from Google AI search or a large language model like ChatGPT?

== Doublepost prevention - post automatically merged: ==

I understand what you are saying. I'm talking about how the railcard apps are so poorly coded that can cause issues with this kind of situations.
This is a common problem that customers with railcard apps have. It happens all the time.

== Doublepost prevention - post automatically merged: ==

I know people will say 'oh you should make sure everything is loaded up before you board the train' and I get it however sometimes it is easy to forget to prepare yourself especially when in rush.
There is no need to do this with a railcard. It probably won't work anyway.

You can download an offline copy of an eticket, the two easiest ways to do so are to save it as a .pdf file on your phone or add it to Google or Apple wallets or your favourite pkpass viewer. That is beneficial and I would encourage that. It's also possible to print the ticket yourself if you wish. None of those options are available for railcards. You must simply wait for them to load up again.

== Doublepost prevention - post automatically merged: ==

One time when I was going from London to Nottingham and an inspector asked me for my railcard; I struggled to load up due to lack of signal in the area where MML is and the Class 222's windows (I've managed to load it up but I could tell the inspector wasn't too happy)
Same thing happens on the Interrail app. If you are connected to a very, very slow internet connection it may just load for several minutes, and not allow you to see the barcode or ticket. However if you have no internet access at all it then stops trying to connect to the internet entirely and immediately displays the barcode.

It's just incompetent design. It's not your fault. I personally get around this by knocking the device into flight mode if I suspect that loading time is unusually long. I don't know how that would work with whichever app you've got your railcard stored in unfortunately.
 
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MikeWh

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@Tazi Hupefi Immediately means without hesitation, or instantly. That is physically impossible where tickets or railcards may be in a wallet or app. Indeed when I have both my wife's and my tickets in my google wallet and our two together railcard in the railcard app it takes my phone at least 10-15 seconds to switch between.

Please provide a clause or regulation which includes the specific word immediately.
 

Skymonster

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In @Tazi Hupefi 's world, I presume that I could be penalty fared if my physical railcard is in my bag and the ticket checker decides they are unwilling to wait while I stand up, get the bag down from the overhead rack, unzip it, retrieve my wallet, open it and flick through it to find the railcard. [No I don't get it out in advance, because in my experience I am only very rarely asked for it and I prefer not to handle the wallet unless its necessary] Everywhere else, "immediate" must have a practical duration because otherwise everyone would default if their railcard wasn't already on display.
 

ainsworth74

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Clearly - the legislation and reality cannot be that you only have to deliver up a ticket when convenient for the customer, it is obviously on demand. The obligation is on request or demand.
Clearly it cannot be entirely at the convenience of the customer but the wording equally does not imply instantly. If that were the case then surely someone who fails to have their ticket in their hand and has to ferret it out of a wallet is liable to prosecution or a Penalty Fare? If someone has switched their phone off to preserve battery and then needs a minute to switch it on and load a ticket would also be liable for prosecution or a Penalty Fare? Those would seem very unsatisfactory and surely not the intent behind the provisions of the relevant law?

If that was the intent surely, for instance, Byelaw 17/18 would be worded:

a person shall hand over his ticket for inspection and verification of validity immediately when asked to do so by an authorised person

(Emphasis added)

Instead it simply says "when asked" and is silent on the matter of how long you have "when asked" to present those documents for inspection and verification. Clearly you cannot just go on and on waiting for a passenger to produce a railcard, ticket or whatever else is required but equally I do not see how it is sustainable to argue that if you do not instantly present the required documentation you're immediately liable for prosecution is sustainable either.

Indeed I've never seen revenue protection take such a draconian approach with passengers. Usually the response is either "I'll come back to you" and then they check the rest of the carriage/train and return when the passenger has got the ticket or whatever ready for inspection. Everyone moves on with their life. Or they say "That's fine I'll wait" and then after a minute or two waiting the passenger produces the the necessaries and again everyone moves on. I can never recall seeing revenue protection taking such an extreme approach. Which is logical as it's clearly bonkers.
 

Bletchleyite

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I'd interpret "on demand" as that when you're asked for it you immediately start going about the act of arranging its production, be that a physical card from a bag or a digital one on a phone rather than go to the toilet or the buffet car first. Not that it has to be instant, nothing in the legislation says that and "de minimis non curat lex" - the law does not contain itself with trifles, namely the precise number of seconds.
 

DelW

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Based on English law and the context of railway travel, "on demand" generally means that a passenger must produce their ticket at the time of the request by an authorised person. It does not mean they can go and retrieve it later.
.....
I note that "on demand" does not appear in the byelaws you quoted in post 4. You introduced that wording in post 9 without providing evidence of its source.

In more general terms, I have often seen passengers take a few minutes to find physical tickets and railcards from pockets or bags. Most RPIs continue along the coach and return a couple of minutes later. I have never seen anyone threatened with being thrown off a train for being too slow to find them.
 

Watershed

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It must be available and produced on demand of any authorised officer of the railway, i.e. immediately.

With respect, if you waited 5 minutes for every single customer, you'd never get any revenue protected.

However - whilst I don't think a formal Penalty Fare appeal here would succeed, there is the Forgotten Railcard / Unavailable Procedure which a train operator may find appropriate to use their discretion on here, which may see them cancel the notice on production of a valid Railcard.
Clearly 'immediately' cannot mean that very instant/millisecond. It is well recognised that whether you have a paper ticket, eTicket etc. that you can take the time to take it out of your pocket/wallet. If you happened to have multiple paper tickets in your wallet then it would also be perfectly understandable to go through them to find the right one. So I would say up to a minute or two would be compliant with the 'on demand' requirement.

Five minutes I agree is less likely to be compliant with the letter of the law but the suggestion that they can't wait and come back is nonsensical. That is standard practice when someone can't immediately find their ticket (e.g. because they've misplaced it or in the digital era, can't find the right app/download etc.).

We've heard lots of reports of WMT RPIs along the Birmingham-Rugby corridor being aggressive and making rules up recently so the behaviour described here doesn't surprise me - although of course, there are different 'sides' to each interaction.

By all means the OP can make a complaint about the RPI's behaviour. Unfortunately, I doubt that it will achieve much - complaints to TOCs tend to get platitudes in response at best.
 

DelW

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I'd interpret "on demand" as that when you're asked for it you immediately start going about the act of arranging its production, be that a physical card from a bag or a digital one on a phone rather than go to the toilet or the buffet car first.
One poster introduced that particular phrase, which doesn't appear in the byelaws the same person quoted.
 

Tetchytyke

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Also, have you copied this from Google AI search or a large language model like ChatGPT?
Reads like Copilot to me, mostly because it is complete and utter drivel.

The obligation is to present the ticket and railcard upon request. That is all. It is not "on demand". The poster who introduced that idea to the thread has a regrettable tendency towards hallucinating, in much the way that LLMs frequently hallucinate.

You can reasonably infer that presenting the ticket means doing so within a reasonable period after the request has been made. Reasonableness is, of course, both subjective and context-specific (the old "man on the Clapham Omnibus" test so beloved of first-year law students), but giving someone a couple of minutes to fix a recalcitrant phone would appear reasonable. Especially as the paperwork for a Penalty Fare would take longer than that to issue.

Seems like the RPI was just being an arse. We're seeing repeated reports of RPIs on that stretch of line behaving like that. May even be the same one.
 

driverd

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Hi All,

Taking the train today from Birmingham New Street to London Euston with my girlfriend, and we were asked to show tickets and railcard (16-25), by a revenue protection officer (I think these are different to regular ticket inspectors?)

I have the railcard app and showed immediately, however my girlfriend who doesn’t travel by train as often was struggling to find hers on her phone, although she knew she had bought one just before Christmas, so knew she had a valid railcard.

I politely asked the inspector for five minutes to find the railcard, whilst he checked tickets further up the train, but he said no, and said she would have to pay a Fixed Penalty Notice since she didn’t show thee railcard immediately, saying that not being able to show the railcard immediately was grounds for a fine. I started arguing with him, asking again for 5 minutes to find the railcard, he threatened to throw us off the train at the next station - he was very aggressive and threatening. This went on for a few minutes, until fortunately my girlfriend found the railcard (it was on Trip.com app not Trainline like she initially thought - clearly an innocent mistake), which he accepted.

I have some questions:

1) Is it true I have to show railcard immediately on demand ? The apps can be unreliable due to internet connection issues etc , it hardly seems unreasonable to ask for five minutes to find the railcard !

2) Is there a place I can complain about the officer? I really feel his behaviour was very inappropriate, and was quite upset. He was really very aggressive and rude - anyone with a shred of humanity would allow 5 minutes to find a railcard. My girlfriend is foreign and can struggle with English in stressful situations, and if I wasn’t there she would probably have ended up paying the fine due to his bullying behaviour… There are signs up all over the train (rightly) saying not to abuse staff - but apparently it’s acceptable for staff to abuse customers? It seems to me that this officer works the job simply for the opportunity to bully passengers…

Complain to the toc. You can also leave reviews or go through their social media portals. Threatening behaviour needs to be flagged and reported - customers, just like staff, have a right to not feel intimidated when travelling.
 

akm

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This whole thread reminds me of this old joke, which google finds in a 1981 (!) interview with Edward de Bono:

Like the story of the man sitting in a train compartment in England and ticket collector comes along to inspect the tickets.The guy sitting down starts looking everywhere for his ticket, in his pants pockets, his coat pocket, his coat on the rack. He is looking in a flurry and much to everyone's amusement, because they can see that he's got it in his mouth this whole time," de Bono says, creeping up on the punch line."So the inspector takes it out of his mouth, punches it, and gives it back. When the inspector has left the compartment his companion says: 'Didn't you feel awfully stupid sitting there looking everywhere for your ticket when it was right in your mouth?' 'STupid?' replies the man, 'I was chewing the date off it!'"

(edit) has this ticket been produced "immediately", I wonder?
 

Wolfie

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Based on English law and the context of railway travel, "on demand" generally means that a passenger must produce their ticket at the time of the request by an authorised person. It does not mean they can go and retrieve it later.

Strict Liability: The offence of failing to produce a valid ticket on a train is a "strict liability" offence. This is a key legal concept. It means that the passenger's intention is irrelevant. It doesn't matter if you have a valid ticket but have lost it, forgotten it, or it is on a dead phone. The offence is the failure to produce it on demand. This principle is well-established in the context of the Regulation of Railways Act 1889, Section 5(1) and railway byelaws.

The "On Demand" Clause in Law: While there isn't extensive case law specifically defining "on demand" in the context of a railway ticket, the term is widely understood in English law, particularly in commercial contexts like "on-demand bonds" and "demand loans." In these areas, "on demand" means that the obligation to pay or perform is triggered immediately upon the request of the creditor or beneficiary, without any need for further notice or a waiting period. This legal interpretation supports the idea that the railway ticket must be produced immediately.

Railway Byelaws and Conditions of Travel: The requirement to produce a ticket on demand is reinforced by the railway byelaws and the National Rail Conditions of Travel. These state that passengers must have a valid ticket for their journey and be able to produce it when requested. If they cannot, they may be liable for a penalty fare or prosecution. The system is designed for immediate compliance to ensure that revenue protection officers can do their job effectively at the point of inspection.

Practical Implications: The practical reality is that a railway official cannot be expected to wait. The entire system of revenue protection on the railways is predicated on the ability of staff to verify a passenger's entitlement to travel at the time of the check.
A great way, if the railway is stupid enough to go down that route, of generating public pressure on politicians to scrap the whole rotten edifice and the railway's right to prosecute.
 

Starmill

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Reads like Copilot to me, mostly because it is complete and utter drivel.

The obligation is to present the ticket and railcard upon request. That is all. It is not "on demand". The poster who introduced that idea to the thread has a regrettable tendency towards hallucinating, in much the way that LLMs frequently hallucinate.

You can reasonably infer that presenting the ticket means doing so within a reasonable period after the request has been made. Reasonableness is, of course, both subjective and context-specific (the old "man on the Clapham Omnibus" test so beloved of first-year law students), but giving someone a couple of minutes to fix a recalcitrant phone would appear reasonable. Especially as the paperwork for a Penalty Fare would take longer than that to issue.

Seems like the RPI was just being an arse. We're seeing repeated reports of RPIs on that stretch of line behaving like that. May even be the same one.
I agree with all of the above.
 

WestCoast

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It really doesn’t help that some of the railcards are a pain to load in some of the apps and can genuinely take a minute or two to load up. There’s no physical alternative to the 26-30 one ether.
 
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