Train passengers fined ‘too harshly’ for ‘innocent errors’ with tickets

Train passengers are being punished for accidental ‘minor transgressions’ when buying tickets, the rail watchdog has said.

With millions of people in the UK travelling by train every day, mistakes are bound to happen – whether that’s selecting the wrong railcard or catching the wrong train.

And the country’s rail ticketing system, with various train operators and websites, can be confusing – and draconian.

Now, the transport watchdog, the Office of Rail and Road, has said that train operators took disproportionately harsh measures against passengers who had made ‘genuine errors.’

The rules are so harsh that a passenger was threatened with prosecution for mistakenly selecting a 16-25 railcard discount when they had a 26-30 railcard.

Another person found out they had a criminal record when having a background check for a job, despite successfully appealing the penalty fare four years prior.

One passenger had a printed e-ticket, but it was so water-damaged it could not be scanned by staff.

Although they subsequently showed a proof of valid ticket for the journey, they were threatened with prosecution.

The passenger ended up settling out of court for £81 to avoid the risk of conviction, which is ‘a serious and potentially life changing matter,’ the watchdog said.

In a scathing new report reviewing train operators’ revenue protection practices, the watchdog made recommendations on how buying the right ticket could be simpler and how passengers are treated when ticket issues arise.

It comes after 59,000 alleged fare evasion convictions were overturned after train operators used a secretive legal loophole, the Single Justice Procedure, to fast-track prosecutions behind closed doors.

After the procedural error by train operators was revealed, the Transport Secretary commissioned the watchdog to review revenue practices to make sure that ‘fare evasion was being addressed, but in a way that was fair to passengers and in line with the correct procedures.’

Sam Williamson, 22, was threatened with prosecution after he bought the wrong ticket using his 16-25 railcard on a journey in Manchester. In the end, Northern Trains backed down on the case, which could have left the graduate with a criminal record.

The watchdog has made several recommendations after disgruntled passengers shared their experiences and after hearing from the rail industry, whose staff can face challenges ‘with aggressive and abusive behaviour’ when checking tickets.

It can be difficult for staff to distinguish between innocent mistakes and deliberate fare dodging, the report said.

Also, under railway laws, it is simply an offence not to present a valid ticket for a trip, regardless of the passenger’s intent.

Meanwhile, train fare evaders continue to be captured – some of them red-handed like a ‘short farer’ at Waterloo who avoided paying £20,000 over three years by buying a ticket only for a part of his commute.

Fare evasion and ticket revenue loss are on the rise, and it is ‘becoming normalised among certain passenger groups,’ the watchdog warned.

Fare evasion recommendations

The watchdog made five key recommendations on how the fare evasion system could improve, although they are unlikely to have any immediate impact on passengers.

Buying the right ticket should be simpler and easier

Even seasoned travellers can be caught out by different ticket types, validity, restrictions and peak/off-peak travel times. This is because the ticket retail systems are out of date.

The watchdog called for plain English explanations of ticket details, and a redesign of ticketing systems.

More consistency in how passengers are treated when there are ticket problems

Train operators have used ‘inconsistent’ approaches and legal powers, which can lead to ‘sometimes unfair or disproportionate outcomes.’

Actions to address this include adopting more consistent practices when tickets are checked and escalated based on ‘likely passenger intent.’

Introduce greater consistency and fairness on prosecutions

Passengers can face very different practices depending on the train operator if prosecuted for a mistake, including the choice of law, legal procedure, use of third-party agents and out-of-court settlements.

This is why the watchdog proposed a more consistent legal test for prosecutions based on public interest, and a wider review of revenue protection legislation in the future.

Make revenue protection information easy to access and understand

Some people, like Sam, have been caught out by the small print in the ticket T&Cs, with conditions like travel being limited to a specific time only if using a railcard.

This could be addressed by making T&C, penalty, prosecution and passenger rights information easier to find and understand.

Greater coordination, oversight and transparency of revenue protection activity

The way train operators enforce train ticket rules has ‘proliferated over time,’ while the legal framework is complex and used inconsistently depending on the company.

The ORR called for a body or forum to identify and promote best practices on revenue protection.

Rail Delivery Group, the body representing UK rail operators, said the industry will work to implement the recommendations.

A spokesperson said: ‘Fare evasion remains a significant challenge for the industry, costing the railway hundreds of millions of pounds each year.

‘That’s money that can’t be used to improve services, which increases the burden on customers and taxpayers. 

‘So we need to strike the right balance addressing genuine, honest mistakes made by customers and taking firm action against those who deliberately and persistently seek to exploit the system.’

It comes after South Western Railway was nationalised as part of the government’s plan to cut delays for passengers.

However, the change does not mean cheaper tickets as the focus is on that ‘trains arrive on time, lower levels of cancellation and a better passenger experience,’ Transport Secretary Heidi Alexander told Metro.

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