Fawkes Cat
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- 8 May 2017
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Is it worth going back to what @Juggler quoted from the Northern Website back at post #56?
Assuming this to be definitive, it doesn’t say ‘if customers only have cash’. It says ‘ if customers do not have the facility to pay by credit/debit card’. That includes only having cash - but to my reading would also include having plastic which for whatever reason fails to work. On this broad reading I suppose travel without having the cash to buy a ticket would also be covered - but at the point where one tried to replace the Promise to Pay notice with a ticket I suspect one would run into problems with a S5(3)(a) RoRA1889 offence:
(Source: https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5)
(n.b. Note the distinction between S5(1) on the one hand, and S5(3) on the other: for S5(1) doing any of the 3 things clears the offence, whereas for S5(3) any one of the three things is enough to be an offence)
(source:https://www.northernrailway.co.uk/legal/penalty-fares)What is a Promise to Pay notice?
A Promise to Pay notice is a ticket that must be obtained from our ticket vending machines if customers do not have the facility to pay by credit/debit card. The Promise to Pay notice allows customers to board the train with the intention of exchanging the notice at the first opportunity with a revenue officer, or at the next available booking office.
Assuming this to be definitive, it doesn’t say ‘if customers only have cash’. It says ‘ if customers do not have the facility to pay by credit/debit card’. That includes only having cash - but to my reading would also include having plastic which for whatever reason fails to work. On this broad reading I suppose travel without having the cash to buy a ticket would also be covered - but at the point where one tried to replace the Promise to Pay notice with a ticket I suspect one would run into problems with a S5(3)(a) RoRA1889 offence:
If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or
(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,
he shall be liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale], or, in the case of a second or subsequent offence, either to a fine not exceeding [F4level 3 on the standard scale], or in the discretion of the court to imprisonment for a term not exceeding [F5three months].
(Source: https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5)
(n.b. Note the distinction between S5(1) on the one hand, and S5(3) on the other: for S5(1) doing any of the 3 things clears the offence, whereas for S5(3) any one of the three things is enough to be an offence)