I am entering the debate a little late, but most of the TVMs▸ around my locality (Cotswold line) have the coin and note slots taped up and warning signs stating cards only, since the ticket office (if it exists) closes at lunchtime then anyone travelling with cash (young person too young for debit/credit cards or older person who doesnt like credit cards) cannot buy a ticket despite the TVM working 'normally'. Does this constitute a valid excuse for not buying a ticket before boarding. Since the journey into Oxford is only 20min then the first check is likely to be the Oxford ticket barrier rather than being able to even find the guard on a 7/8 carriage HST▸ .
Penalty fares don't apply from Cotswold Line stations (see
FGW▸ site for the Penalty Fares zones). And if you are joining at a station where the booking office is closed and the TVM is not in
full working order you would be entitled, under the conditions of carriage, to purchase the normal discounted ticket at the barriers in Oxford - see discussions above in this thread.
Well that is sensible. But it does seem odd to me that a Guard can punnish a ticketless traveller by selling them a "full priced" ticket of perhaps ^150+ but that specialist legal training is needed to in effect add ^20 PF▸ to the total to be extracted from the customer. It is odd that PF are seen as a punishment for which the "customer" needs proper legal protection and safeguards (and where the staff needs legal training) whereas the "full priced only" policy is not.
The legalities arise because a penalty fare is technically a fine, akin to a civil parking ticket, rather than "not offering a discount" which is, in effect, what happens when a guard charges you the full fare on board.
And remember, a penalty fare is GBP 20.00 or
twice the full single fare to the next station stop, whichever is the greater. So a PF between, say, Reading and Swindon could be quite expensive, even worse if it was next stop Exeter! You would also have to pay the full single fare for the rest of your intended journey to the
RPI▸ if you wished to continue your journey on the same train beyond the next stop.