Great Western Coffee Shop

I think I know the answer to this, but would be grateful for input from the many ticketing experts on the forum.

Today my wife travelled from Digby & Sowton (DIG) to Exeter Central (EXC) on the 11:10 departure. A return journey was always intended. On her arrival at DIG, at 11:05, there were 3 people in the queue for the TVM and, because they all used cards rather than cash, she boarded the train without a ticket. During the journey the guard did not appear (it was a 4 coach train and he was in the other unit). On arrival at EXC my wife approached the gateline staff and asked for a return DIG-EXC ticket. She was asked if the TVM at DIG was not working but explained this was not the case but that there was a queue which would have caused her to miss the train if she had waited. The gateline operator charged her ^3.10, the Anytime return fare, rather than the Off-Peak ^2.80, which is what I would have expected, at the same time saying 'you could have got a penalty fare'. When my wife queried the amount she was told that 'this is the price you have to pay if you buy the ticket at Central Station'.

I don't think this is correct - it should surely have been just ^2.80 (if he accepted my wife's explanation) or a ^20 penalty fare if he decided to play hardball.

I am not overly interested in the actual cost - it is the possibility that FGW staff are 'making it up on the hoof' that concerns me more.
     

My understanding is he should have charged her the anytime fare as if don't buy at first opportunity discounted tickets are no longer available. i.e off peak or railcard

Discretion is an elastic concept.

It would appear that it was shown in this instance at Exeter Central, but not to its full extent. A Penalty Fare could have been charged.

TOCs have queueing time standards written into their Customer/Passenger Charters, but they are not backed up by any legislation in favour of the passenger. The best you can hope for after being charged an Anytime fare or Penalty Fare when an Off Peak fare was available is to take a complaint (after paying) to the TOC's Customer Service department. You may though have to prove, or make a reasoned argument, that your queueing time exceeded, or would have exceeded, the Customer/Passenger Charter standards.

FGW's Passenger Charter (https://www.firstgreatwestern.co.uk/-/media/PDF/AboutUs/CustomerServices/PassengerCharter/Passenger_Charter_2013_FOR%20PRINT%20v9-new.pdf?la=en#page=5) says: