On 31 Oct, 08:31, Seamer wrote:

On Oct 30, 3:38*pm, wrote:

2. He decides to issue you with a penalty fare. *Once he has gone down
this route then you cannot be taken to court for fare evasion as this
would be considered double jepody

So you can see that is either court or penalty fare but not both. *In
the penalty fare case you can appeal to an independent adjudicator but
you will not get a criminal record whatever the outcome.

Isn't it actually the case that in 2. you can't be taken to court
because you've bought a valid ticket? Isn't that what a penalty fare
is - a hugely overpriced single ticket, that the rail companies "dress
up" as a fine? All you're actaully doing is buying an on-board single.

The question is what happens if you are issued a PF but then don't pay
it - in that scenario you haven't bought a valid ticket, merely been
issued with one on the understanding you'll pay later. (Does the law
even suggest that such an understanding has to be reached I wonder?
i.e. if the 'suspect' says that they won't pay the PF come whatever,
can a PF still be issued to them, given that there isn't an
understanding that they'll pay later?)