Should an Excess Ticket have been offered in this case

[MotCO]

Without wishing to detract from giving advice in this thread https://www.railforums.co.uk/threads/help-til-is-charging-me-to-court.284274/page-3 , I thought I would set up a new thread.

In essence, the passenger travelled with an Advance ticket on the wrong train (correct service, wrong time). Should the passenger have been offered a Excess Fare rather than reported for prosecution?

 

[Bletchleyite]

Without wishing to detract from giving advice in this thread https://www.railforums.co.uk/threads/help-til-is-charging-me-to-court.284274/page-3 , I thought I would set up a new thread.

In essence, the passenger travelled with an Advance ticket on the wrong train (correct service, wrong time). Should the passenger have been offered a Excess Fare rather than reported for prosecution?

You cannot excess away a TOC restriction, so no. I know it's been debated in the past whether if you board a train before your booked train you should be able to excess to a walk up single on board for £10 plus the difference (of course an Advance has no value at all after the booked time unless the reason for missing it was a delayed connecting train on another ticket), but in this case the fact it was GWR Only on a TfW train makes it a clear no.

 

[island]

Yes, the TOC restriction here makes an excess inapplicable. Had that been respected, the ticket could have been excessed.