Train fare penalty - any advice please?

[mosy]

Can I impose on the railways knowledge on here please?

A letter has been received from The Independent Penalty Fares Appeal Service saying "pay the £20". A young person bought a valid ticket assuming a young person's railcard was on them. The fine was given as the card could not be produced. The issuing officer suggested sending a photocopy of the card, which was done.

As it's an absolute crime, is there any way they might be persuaded (probably a bit late now) that there was no intention to defraud, or it'd just be a wasted postage stamp?

Edit: I was thinking that as a card had been paid for entitling a reduction in fares, could it be argued that one needs a licence to drive a car, but it isn't necessary for it to be carried as it can be presented later, so why should railways be allowed to sustain the fine when there was no intent to defraud?

Many thanks in advance.

[bensonby]

unfortunately they are correct in that you will have to pay a penalty fare - silly I know. I have a feeling that it wasn't always the case but the t&c's are pretty clear:

6. You must carry your Railcard with you on your journey and when asked by rail staff, you must show a valid ticket and valid Railcard. If you fail to do so, you will be required to pay the full price Standard Single fare for your journey as if no ticket was purchased before starting the journey and in some cases a Penalty Fare.

by signing and using the card you agree to abide by this. Railway tickets don't work entirely like normal contracts - they have you pretty much over a barrel most of the time. All of this is a civil matter (contracts and so on) between you and the railway company.

Sorry I couldn't give better news or come up with one of my clever get-outs I'll post back if I think of anything.


p.s. Did you know that technically you do have to carry a driving license with you when driving? Its just that it's never enforced - you'll be given a HORT/1 ("producer") if asked for your documents and you dont have them. Although technically a police constable (in uniform) has the power to stop you and demand to see your documents without any reason... (s.163, 164 and 165 of the Road Traffic Act 1988)

[mosy]

Oh well. I have some sympathy as £20 is a lot from minium wages, but the answer comes to mind that the person should have thought of that beforehand and can't really escape the moral that either the rules are followed or the price is paid.

Many thanks, bensonby, for the information