Recent Headlines: Fare Evasion Crackdown & Legal Updates
In recent months, the number of intended prosecutions, fines and criminal convictions in relation to fare evasion has been rapidly on the rise as railway companies across the country invest in tackling fare evasion. However, the legal landscape for how fare evasion is dealt with may be changing.
Standout Headlines
In June last year following a landmark ruling, four major rail companies were found to have
“unlawfully prosecuted more than 74,000 passengers”
via the Single Justice Procedure Notice (commonly referred to as an SJPN). The railway operators were found to have incorrectly prosecuted thousands of passengers under the Regulations of Railways Act 1889 using the SJPN system, “which allowed fast-track magistrates hearings […] to be held behind closed doors”. Cases bought under this act via the SJPN system are not permissible, thus tens of thousands of prosecutions were deemed as void.
In October, 22-year-old Engineering graduate Sam Williamson made headlines after being told that he faced intended prosecution for unknowingly evading a fare on Northern Rail. Williamson had incorrectly applied his valid 16-25 Railcard for a journey made before 10am, for a value of less than £12. Williamson had not realised that the railcard discount was only applicable on journeys made before 10am if the value of the ticket amounted to £12 or more. The details of this rule were hidden amongst the 16-25 Railcard Terms & Conditions and Williamson’s mistake may have led to a criminal conviction – a hugely disproportionate outcome for a fare difference of just £1.90.
In November of last year, following widespread media coverage on Williamson’s case and the landmark ruling, the Transport Secretary, Louise Haigh commissioned an independent review into how train companies address fare evasion following concerns that passengers are facing unfair or disproportionate action after evading fares. Legally speaking, fare evasion is known as a strict liability offence whereby a passenger’s intent to fare evade is irrelevant. Haigh explained that “where people have made genuine mistakes they shouldn’t be prosecuted” which may fundamentally change how rail operators deal with fare evaders like Williamson in the future.
More recent headlines indicate that train firms may be urged to give yellow cards to “passengers travelling without the correct ticket, rather than handing out penalty fares or prosecutions”. The rail passenger watchdog, Transport Focus, is encouraging rail companies to adopt this approach. The logic behind the nationwide yellow card system ensures that fines and prosecutions will “only be issued for repeat offences” and that first time offenders caught “travelling without the correct ticket [..] will be informed of the issue and have their names taken and recorded”. Some rail companies such as Cross County and Southeastern have already adopted this approach, whilst others such as Merseyside Rail aren’t far behind.
Ellis Jones’ top tips for avoiding fare evasion on public transport
With fare evasion headlines often featuring in the news, and the roll out of more ticket enforcement officers on public transport, many passengers may be concerned about making mistakes. We’ve included a few top tips below to ensure you’re travelling correctly:
- Check your railcard and/or travel card is in date.
- For all e-tickets:
- Collection codes: print your ticket before travelling. Simply showing your collection code isn’t enough.
- QR codes: properly download the QR code before travelling. Oh! And carry a phone charger. An out of charge phone won’t get you off the hook.
- If you’re unsure whether you can travel using the ticket you’ve purchased, speak to a member of railway staff, show them your ticket and explain you situation before travelling.
- If you’re using stations without ticket barriers and considering not purchasing a ticket, don’t risk it. Buy a ticket.
- Or maybe you’re considering refunding a journey that you’ve made? Don’t risk it. The railways have travel analysis platforms to detect this type of fare evasion. If you’re journey was delayed or disrupted, consider delay repay.
Remember – Fare evasion doesn’t just involve individuals who haven’t purchased a ticket, but also those who have purchased an incorrect ticket, travel without a valid railcard, or have incorrectly requested a refund.
How can Ellis Jones help you?
Are you facing intended prosecution or being asked to provide information on your ticket purchase history? Don’t panic, the team at Ellis Jones have plenty of experience in dealing with these types of cases, and we understand how worrying it can be. We have had plenty of success with settling these matters out of court, so please don’t hesitate to contact us by emailing lovetta.pring@ellisjones.co.uk or via our online website enquiry form.
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
