You can't get a penalty fare if you have a valid oyster card that has
enough money to pay a max fare on it. Unless an oyster is now only
valid if its touched in which would make an interesting legal case if
someone decided to challenge that.


How please do arrive at that given the conditions of use when using an
Oyster card to travel on National Rail services include for PAYG:

"3.13 At the station where you start your journey, you must touch your
Oyster card flat on a yellow card reader (see clause 3.4) at the
station. A charge, as set by the Train Companies and TfL, will be
deducted from the balance on your Oyster card. You will not be allowed
to start your journey unless you have a sufficient pay as you go credit
on your Oyster card as is deemed necessary by the Train Operators and
TfL for you to pay for your journey.

At the end of your journey, you must touch your Oyster card flat on a
yellow card reader at the station as you exit. The amount deducted at
the start of your journey will, as required, be adjusted so that you
only pay the advertised Oyster single fare for the journey made.

If you do not touch in at the station where you start your journey and
touch out at the station where you end your journey, you may be charged
more than the advertised Oyster single fare, and any daily price cap to
which you may be entitled will not apply. You may also be liable to a
Penalty Fare and/or you may be prosecuted."

TFL's conditions of carriage seem to provide similarly:

"6.7.3. Paying as you go on the Underground, DLR, London Overground and
National Rail within the National Rail pay as you go area

To record the start of your journey, you must touch your Oyster card
flat on a yellow card reader (see clause 6.8.) at the station as you
enter the compulsory ticket area. A charge, as set by TfL, will be
deducted from the balance on your Oyster card. You will not be allowed
to start your journey unless you have sufficient pay as you go credit on
your Oyster card.

To record the end of your journey, you must touch your Oyster card flat
on a yellow card reader (see clause 6.8.) at the station as you exit the
compulsory ticket area. The deduction made at the start of your journey
will be adjusted so that you only pay the advertised Oyster single fare
for the journey made.

If you do not touch in at the start and touch out at the end of your
journey, you may be charged more than the advertised Oyster single fare
and this journey will not be included in any daily price capping. You
may also be liable to a Penalty fare or you may be prosecuted."

IANAL but that seems to me pretty tight. Or is there eg some wizard HRA
challenge to the whole penalty fare regime built on the 1999 GLA Act?

--
Robin
PM may be sent to rbw0{at}hotmail{dot}com