Train Fare Evasion Prosecution Scandal
Tens of thousands of individuals who have been prosecuted by certain rail companies in England and Wales for not having a ticket could be eligible for compensation after a recent court ruling found these rail companies were acting unlawfully.
It has been widely reported that seven train firms have been unlawfully using the Single Justice Procedure (SJP) to prosecute passengers accused of not paying for tickets. As a result of a court ruling, over 74,000 convictions for rail fare evasion are set to be quashed due to train firms misusing the secretive fast-track courts system.
The 2016 legislation that set up the SJP courts did not permit rail firms – as private prosecutors – to use the Regulation of Railways Act 1889 within the fast-track court process.
This has huge consequences as fines paid by the convicted defendants must now be repaid, which could cost millions. Six initial test cases were brought before the courts in June and July 2024 and were declared “void”, and it’s said over the coming months, thousands of other cases will be dealt with in the same way.
Seven train firms, including Northern Rail, Greater Anglia, TransPennine, Avanti West Coast, Great Western Railway, Arriva Rail North and Merseyrail, have for years been unlawfully using the Single Justice Procedure to fine passengers without tickets. However, only certain criminal offences can be pursued by train companies in the SJP courts, ones which are spelt out by Parliament.
Fines and court costs paid by the convicted defendants are now set to be repaid, which could run into the millions of pounds. More than 74,000 criminal prosecutions dating back to 2017 are believed to be involved, making it one of the biggest miscarriages of justice in British legal history in terms of numbers.
Court officials are in the process of tracking down all affected defendants, a process which is believed to take several months.
If you have been affected you are entitled to a refund from the train company and could also be entitled to claim compensation for unlawful retention of your data. This is because, firstly, the prosecution has been deemed unlawful, so the prosecution authority acted unlawfully in obtaining your data. On top of this, the conviction will be on your record and your personal details will likely be held on the Police National Computer (PNC), which can be accessed by all Police forces and other relevant agencies, which could have a detrimental impact on you.
How do I claim?
Step 1
Get in touch using our contact forms or any details provided throughout the site.
Step 2
We will arrange a free consultation with you to discuss your claim.
Step 3
If you have a valid claim, we will accept your case on a No Win No Fee basis.
Step 4
HNK Solicitors Secure a Client Over £13,000 in a Case Against The Metropolitan Police for Unlawfully Retaining a Client’s Data
What is the Single Justice Procedure?
The Single Justice Procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015. It was designed to make it easier and more cost-effective to prosecute people for minor criminal offences like speeding, driving without car insurance or failing to have a TV licence.
The system operates behind closed doors and serves fast-track justice, with a lone magistrate dealing with the cases based solely on written evidence. Under the SJP, Defendants are sent a note giving them the option to plead guilty by post, avoiding needing them to attend a court hearing. If the Defendant pleads guilty or does not respond, the cases are administered in closed court sessions with just a Magistrate and legal advisor, making the process quicker and cheaper. Defendants can request a court hearing if they would prefer one.
One crucial aspect of the SJP is that as specified in section 16A of the Criminal Justice and Courts Act 2015, offences must not be punishable by imprisonment.
Prosecutors have mistakenly charged some cases under s.5(3)(a) of the Regulations of Railway Act (intentionally travelling without the correct ticket), which is, in fact, punishable by imprisonment as it carries a potential prison sentence of three months. This means any prosecution conducted under this section would be unlawful.
Earlier this year, it was reported that there had been a mass misuse of the system, where suspected fare evasion cases were unlawfully brought under the Regulation of Railways Act 1889. In August 2024, it was ruled that all charges brought in the way were a ‘nullity’, meaning convictions should be overturned.
The Standard has investigated deep flaws within the system of the SJP, including unlawful prosecutions of children and parents and people with dementia who have been convicted over unpaid bills. This SJP has been widely criticised with the Magistrates Association calling for it to be reformed, and it is now said to be “under review”.
Who does this affect?
It is said that those affected by the ruling were prosecuted between 2018 and 2023, under section 5(1) or section 5(3) of the Regulations of Railways Act 1889. They will have been prosecuted by one of the following companies:
- Northern Rail
- TransPennine
- Avanti West Coast
- Greater Anglia
- Great Western Railway
- Arriva Rail North
- Merseyrail
The Department of Transport stated that those affected should wait to be contacted directly about their case. If you have been affected by this, you should be contacted by the courts and the train company responsible. In a hearing in July 2024, both Northern Trains and Greater Anglia apologised for using the SJP incorrectly and stated they are working to ensure that those affected are fully reimbursed.
It will be difficult to contact all those affected as there is such a huge number of potential cases, spanning over several years. Amongst other things, some people may have moved house during this time and therefore the address they have for them is no longer correct.
If you have been prosecuted by one of the above railways between 2017 and 2024 for riding the train without having a ticket, then you could be eligible for compensation and a refund.
Breaches of your data protection rights
As a result of the prosecution your personal data may be being unlawfully held on various Police databases. For example, when the incident occurred, you were required to provide your personal details so that the prosecution could proceed. The information you provided was ‘personal data’ and the prosecuting authority is obligated to handle your personal data in certain ways. Firstly, given that the prosecution has been deemed unlawful it means that the prosecuting authority acted unlawfully in obtaining your personal data.
But that isn’t all, normally when you receive a conviction a record of it is retained by the relevant Police force, the Court and the rail company. The conviction is also added to your Police National Computer (“PNC”) record. The PNC is a national database which is accessible by all Police forces and other relevant agencies. Having a conviction on your PNC may detrimentally impact you when it comes to applying for certain jobs or when travelling abroad as you may need to allow certain agencies access to it. In summary, your personal data may be being retained unlawfully by various entities as a result of the unlawful prosecution.
HNK Solicitors specialise in case of unlawful data retention by Police forces and other agencies and have been successful in securing compensation for those affected.
Free Consultation
Contact HNK to arrange a free no-obligation consultation to discuss the details of your claim. We will provide honest, helpful advice on how to progress further.
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We can support you on a no-win-no-fee basis, which means you’ll only have to pay us once your case is won and your compensation has been awarded.
Client Communication
If we accept your case, our dedicated team of Data Protection Solicitors will handle everything for you and keep you up to date throughout the whole process.
Types of loss
Aside from a reimbursement of any direct financial loss suffered as a result of the prosecution, you may be able to claim for other types of loss. For example, if you were distressed and/or suffered an aggravation of pre-existing anxiety or depression you may be able to claim for that element. Distress generally means anxiety, upset, mental anguish and/or sleepless nights as a result of being saddled with a criminal sanction although this list is not exhaustive.
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 recovered £5,000.00 in compensation for someone whose personal data was being unlawfully retained by Bedfordshire Police due to the distress the unlawful retention had caused him.
Further, you may be able to recover any other financial losses such as loss of earnings, reputational damage or loss of future income. For example, you may have been offered a job which was later withdrawn as a direct result of the prosecution being on your record. If you are in any doubt about whether you are able to make a claim for any effect flowing from your prosecution, please get in touch with us to discuss.
FAQ
Unlawful retention of your data is a breach of your data protection and human rights and Police forces and other agencies have a duty to remove any data that is not lawfully held. Provided you have no other convictions or impending prosecutions, your data should be removed from the Police National Computer, and as the prosecution has been deemed unlawful, them holding your data or adding the conviction to your record is a breach of your data protection rights and can cause distress. Unlawful retention of your data can cause several negative consequences for individuals including distress, worry, financial losses and reputational damage. Many people may have felt extreme worry and anxiety from being prosecuted and having this on their record which makes them look as though they’re involved in criminal activity. Other agencies can also access criminal records, so it can cause reputational damage if these are accessed, which could lead to the individual struggling to apply for jobs, universities or travel abroad. Claiming compensation can help you to recover any financial losses suffered and compensate you for any distress suffered.
Nothing upfront. HNK offers a no-win-no-fee service to people with cases who hold prospects of success. Under the terms of this agreement, you will not have to pay our fees if you lose your case, and will only have to pay a small percentage if you win and are awarded compensation.
You can claim for reimbursement of any direct financial loss suffered as a result of the prosecution. This includes loss of earnings, reputational damage or future loss of income. For example if you had to take time off work due to the stress of the ordeal or if you were offered a job which was later withdrawn as a direct result of the prosecution being of your record. As well as this, you can claim for other types of loss, such as emotional trauma. For example, if you have suffered with distress, anxiety or depression as a result of the prosecution you may be able to claim for this. Our team will be able to advise you on what you are able to claim for in your individual circumstances.
The Information Commissioner’s Office (ICO), the UK’s independent data privacy regulator, imposes hefty fines on organisations that fail to meet the requirements of the Data Protection Act. Details of any breaches are published on the ICO website so you can check there to see if you may have been affected. If you hear a company has been fined for a data breach by the ICO, and think you’ve been affected you should seek legal advice straight away. u003cbru003eu003cbru003ernrnHNK will be able to assess whether you are entitled to claim for compensation. We can then pursue your case for you on a no-win-no-fee basis.
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