Article 8 Penalty fares
If a passenger, on being required to do so by an authorised person, fails to produce a valid ticket or a general travel authority, the passenger is liable to pay a penalty fare if required to do so by an authorised person.
A passenger is not to be liable to pay a penalty fare if, at any time when tickets are generally made available for sale at passenger transit stations, there were no facilities for the sale of the necessary ticket for the passenger’s journey at the passenger transit station where, and the time when, the passenger started or ended their journey.
Paragraphs (4) and (5) have effect with respect to the burden of proof, in any action for the recovery of a penalty fare under this article, so far as concerns the question whether the facts of the case fall within paragraph (2).
In any case where the passenger has provided the authorised person with a relevant statement in due time it is for the authorised person to show that the facts of the case do not fall within paragraph (2), and in any other case it is for the passenger to show that the facts of the case fall within that provision.
For the purposes of paragraph (4)—
a relevant statement is a statement giving an explanation of the passenger’s failure to produce a valid ticket or general travel authority, together with any information as to the passenger’s journey relevant to that explanation; and
a statement is provided in due time if it is provided when the passenger is required to produce a valid ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.