75,000 People Unlawfully Prosecuted in Train Fare Evasion Scandal

It has been recently reported that several train firms have unlawfully prosecuted thousands of individuals for fare evasion offences by misusing the Single Justice Procedure (SJP). This train fare evasion prosecution scandal could have huge consequences for the train companies, as they have been ordered to refund those who were unlawfully prosecuted, and this could cost as much as £30 million.  

An Evening Standard investigation revealed that a vast number of criminal cases have unlawfully been brought against alleged fare dodgers over a four-year period from 2020 – 2024. Due to the number of companies involved and the years they have been prosecuting individuals through the SJP – a process where magistrates convict and sentence defendants in private hearings – it is believed this could affect around 75,000 people.

Those who have been affected are not only eligible for a refund on the fine they paid but could also be entitled to compensation for unlawful processing and retention of data. This is because your personal data may be unlawfully held on various Police databases, which could detrimentally impact you when applying for jobs, universities, and when travelling abroad. As this data has been obtained and held unlawfully, you could be entitled to compensation.

What train companies are involved?

Seven train firms have been unlawfully using the Single Justice Procedure for years to prosecute individuals for fare evasion. The Department of Transport confirmed that the seven companies involved in the scandal are:

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

How do I know if I have been affected?

If you were charged by one of the above seven train companies between 2018 and 2024 for fare evasion, you could be eligible for a refund and compensation. The large majority of cases were said to be processed between 2020 and 2024. If your original court summons was sent via the SJP and you were charged under the Regulations of Railway Act, you are likely eligible to be refunded. The courts said they are reaching out to affected individuals and hope to have contacted them by the end of November 2024.

What is the Single Justice Procedure (SJP)?

The Single Justice Procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015 and was designed to make prosecuting minor criminal offences such as speeding, driving without insurance, and not having a TV Licence much easier and more cost-effective.

Under the SJP, paperwork and prosecutions are processed in a closed court setting with a single Magistrate and legal advisor. The key thing to note with the SJP is that it prohibits the prosecution of any offences which carry a potential prison sentence.

This is where railway companies have acted unlawfully.

Many of the rail companies have mistakenly charged Defendants under s.5.I and s.5.3(a) of the Regulations of Railway Act, which is not permitted under the SJP as it carries a maximum sentence of three months in prison. The rail companies were permitted to prosecute under the SJP only for several specific bylaws, which were clearly set out. Had they prosecuted these cases under Railway Bylaw 18, travelling without a valid ticket, they could have avoided this issue entirely.

Chief Magistrate Paul Goldspring has now stepped in to deal with these issues and clear up this mess. He indicated he could now cancel all the convictions and instructed train companies, that they would have to decide how to tackle fines already paid and bailiff action brought as a result of unlawful prosecutions.

Chief Magistrate Goldspring went on to say, “My initial view, which has crystalised over a week of research, is that all of the offences not covered by the 2016 order and prosecuted in the Single Justice Procedure are void and therefore a nullity”, he said at a hearing at Westminster magistrates court in June.

In a ruling in mid-August, Judge Goldspring said six “test cases” should be declared “void”, adding that the thousands of other cases would be dealt with in the same way over the coming months. The judge said that the Courts Service, the Department for Transport and the train operating companies would work to identify those affected, and “a team will be put in place to begin the work of recovering the money paid and refund the money to individuals” by November.

Lawyers from the rail companies agreed that the prosecutions should be thrown out.

As the prosecutions were declared a “nullity”, the convictions will be removed from the record, and courts must reimburse the Defendants for any sums they paid as part of their sentencing, as if the proceedings never existed.

Tracking down, contacting and returning all the money to the individuals affected will be a very time-consuming and costly task. Many of the Defendants may have since moved address, and it would, therefore, make it very difficult to track them down to provide them with their refund.

Judge Goldspring hoped that a list of those affected would be compiled by the end of September in time for a bulk hearing at the end of October, declaring them void.

Am I entitled to get a refund?

If you think you may have been unlawfully prosecuted by these railway companies, you could be entitled to receive a refund or compensation. Check whether your original court summons was via the SJP. To do this, you can request the paperwork from the prosecuting train company. Then check if the charges were brought under the Regulations of Railway Act. If both of these apply, you could be eligible for a refund and may receive a cheque in the post.

Am I entitled to claim for compensation?

As previously mentioned, those who have been affected by this unlawful fare prosecution scandal could be entitled to compensation. This is because your personal data could be unlawfully held on various Police databases, and a record of your conviction can be accessed by those seeking to review your criminal record.

For example, when the incident occurred, you were required to provide personal details so the prosecution could proceed. As the prosecution is now deemed unlawful, this data was obtained unlawfully.

But that’s not all, when you receive a conviction, a record is retained by the relevant police force, the Court and the rail company. The conviction is also added to the Police National Computer (PNC) record. This PNC is a national database that can be accessed by all police forces and relevant agencies. Having a conviction listed here could detrimentally impact you when applying for jobs, schools or when travelling abroad.

Therefore, you could be entitled to claim compensation due to your data being unlawfully retained as a result of your unlawful prosecution. Now these prosecutions have been “nullified”, details of this conviction should be removed from the record and provided you have no prior or pending convictions, your personal details should be removed from the PNC, too. If not, this is classed as unlawful retention of data.

HNK Solicitors are specialists in pursuing unlawful retention of data cases and have successfully secured compensation for clients claiming against Police forces and other agencies for unlawful retention of their data.

What can I claim compensation for?

Aside from reimbursement of any direct financial loss suffered as a result of the prosecution, you may be able to claim for other things, too. For example, if you suffered distress, anxiety or depression as a result of the conviction or the repercussions of this, you may be able to claim for this aspect. You can also claim for any financial losses, such as loss of earnings, reputational damage or loss of future income, if you have been rejected from a job, for example, due to the conviction on your record.

Compensation may be awarded due to the unlawful retention of your personal data or just as a result of the unlawful prosecution itself and the level of compensation will depend on how you have suffered because of the prosecution. For example, HNK Solicitors recently obtained £13,000 for a client in an unlawful retention of data claim against the Metropolitan police due to the level of stress, anger, anxiety, frustration and sleepless nights they had suffered as a result of the breach of their data.

Get in touch with our experts today to discuss your claim, and they will be able to advise you on what you can claim for and how much compensation you may be owed.

HNK Solicitors can help with your compensation claim

HNK Solicitors are experts in the field of unlawful retention of data, and we have a team of specialist solicitors who have experience successfully obtaining large sums of compensation for clients when their data has been unlawfully retained by Police forces and other organisations.

If you have been unlawfully prosecuted by one of these train companies or another organisation, you could be entitled to claim compensation. Get in touch with our expert team today to arrange a free consultation to discuss the details of your case, where we will be able to provide you with details on next steps. Call us on 0151 203 1104 or email the team at enquries@hnksolicitors.com.