Thousands of passengers could sue rail firms for unlawful prosecutions

Many train passengers intend to take legal action against train companies after finding out they have been wrongly convicted of fare evasion. We believe this is a huge miscarriage of justice, similar to that of the Post Office scandal, and that those affected deserve compensation for their ordeal.

A lot of people affected have been treated harshly and unfairly as they tried to purchase tickets but were unable to due to station machines not working or staff not being present to assist. Others have been convicted for mistakenly purchasing the wrong ticket, despite the rules not being clear when they made their purchase. It seems excessive to convict passengers for simple mistakes.

Brian Higgs, partner and Head of Litigation at HNK Solicitors, was asked for comment on the scandal by inews. He explained that the vast majority of people who were taken to court for not paying for train travel “haven’t done anything wrong”.

He told i: “Some people are commenting, ‘Well it’s only people dodging fares so why should they get away with it?’

“But it is a common misconception among the general public that if the police or a government body says you have done something wrong, then it must be true. Sadly that’s not always the case.”

A picture of a person wearing a pink sweatshirt tapping their train card on a train barrier at the train station.

Unlawful convictions come at a significant cost to passengers.

A prime example of this is one of the clients we are representing who has been affected by the train fare evasion scandal. They were wrongly prosecuted by a rail company when they were unable to buy a ticket because the machine at their station was broken and there were no staff available in the ticket office.

They were hit with a fine and costs of £400 and later found their application to join the police had been rejected because the conviction showed on an enhanced check, which highlights the profound impact a wrongful conviction can have on a person’s life.

According to guidance issued by His Majesty’s Courts and Tribunal Service (HMCTS), rail offences are generally deemed as “non-recordable” and shouldn’t show up on a Disclosure and Barring Service (DBS) check.

But there are no guarantees, and we believe each case requires further inquiries to determine whether a conviction remains on any government database, especially those subject to enhanced DBS checks.

“Until we make specific requests, we just don’t know where the data is kept,” Higgs stated.

Another case involved in this train fare evasion prosecution scandal that has been widely reported on is that of 22-year-old Sam Williamson. Williamson was told he would be prosecuted for buying an ‘anytime’ ticket using his railcard and utilising it before 10 am. He was unaware that the ‘anytime’ ticket was not valid when using a railcard before 10 am and therefore, could be prosecuted for underpaying by £1.90.

This case prompted widespread criticism of the fare prosecution process. Willamson was worried he’d face a huge fine and a criminal record before the case was withdrawn by Northern Rail due to backlash. Northern Rail has since withdrawn all live prosecutions against those in similar circumstances and promised to review historical cases.

The Transport Secretary, Louise Haigh, has asked the Office of Rail and Road to examine how fare evasion is looked at and dealt with. She said the Williamson case should have had a more “generous” response from Northern. It is important to note that the government does not want to remove the train companies’ ability to prosecute those who deliberately avoid paying but rather to assess the action taken against those who make simple mistakes, often due to complicated ticket fares.

Many train companies are now looking at reassessing their prosecution policies after it was discovered that they had been taking alleged fare dodgers to court without offering any evidence.

A smartly dressed man wearing trousers, a shirt, glasses, and a brown satchel purchasing a ticket from a ticket machine at a train station

The train fare evasion prosecution scandal: what happened?

This recent news comes after it was revealed earlier this year that over 74,000 criminal convictions were set to be overturned due to seven rail firms misusing the Single Justice Procedure (SJP) court system for years.

The SJP allows people to be prosecuted for minor offences, and hearings are held behind closed doors at a magistrates court. It is a fast-track system designed to make it easier and more cost-effective to prosecute people for minor criminal offences. A crucial aspect of the SJP is that offences must not be punishable by imprisonment.

These train companies have been prosecuting people under s.5(3)(a) of the Regulations of Railway Act (intentionally travelling without the correct ticket), which holds a potential prison sentence of up to three months. This means any prosecution conducted under this section would be unlawful.

A picture of two men stood by the door of a red, white and yellow train at a train station.

The train firms who have been misusing the SJP include:

Northern Rail
TransPennine
Avanti West Coast
Greater Anglia
Great Western Railway
Arriva Rail North
Merseyrail

These seven train companies had been bringing charges against passengers under the Regulations of Railways Act 1889 and allegations of serious criminal conduct, which are both banned in the fast-track courts system. Therefore, all prosecutions under these circumstances could be deemed unlawful, and those affected could be entitled to compensation.

The Department of Transport stated those affected should wait to be contacted directly about their case. As there are so many people involved, it will be difficult to contact them all, and it will take a very long time.

Higgs said that given the potential number of claimants involved, the costs could be “astronomical”.

“The repayment of costs and court fines has already been estimated at over £30m, which the train companies must pay back immediately to those unlawfully prosecuted. In addition, there will be compensation and legal fees,” he said.

“The Post Office scandal involved 4,000 people – this case has at least 74,000 affected victims. I don’t think it’s unrealistic to think the overall costs here could be in the hundreds of millions.”

HNK Solicitors can help you get compensation for your unlawful prosecution

If you have been prosecuted by one of the above-listed railways between 2017 and 2024 for riding the train without having a ticket, then you could be eligible for compensation and a refund. HNK Solicitors can help you get the compensation you deserve. Get in touch with our team of expert solicitors, who will be able to arrange a free consultation to discuss the details of your case and let you know if you’re eligible to claim compensation.

We’re already representing several people affected by the train fare evasion prosecution scandal. If you want justice for your ordeal and want to be rid of your wrongful conviction, contact us on 0151 668 0813 or email us at enquiries@hnksolicitors.com.Get started on your claim today by filling in our online claim form.