Rail firms are taking “disproportionate action” against some passengers without valid tickets, a watchdog has warned in a new report.
The report, following an inquiry by the Office of Rail and Road (ORR), also criticised Britain’s “complex” fares system and found that travellers faced “inconsistent treatment and outcomes” for similar ticketing issues across the railway.
The ORR highlighted one case where a passenger was threatened with prosecution for accidentally selecting a 16-25 railcard discount when they had a 26-30 railcard, both of which provide the same discount.
The case was eventually dropped when the passenger’s MP became involved.
In another case, a passenger’s printed e-ticket was damaged by water, and a member of rail staff was unable to scan the ticket.
Despite later providing proof of a valid ticket for the journey, the person was threatened with prosecution. They agreed to settle out of court for £81 to avoid the risk of conviction, the ORR said.
A third case study highlighted in the report saw a passenger successfully appeal a penalty fare, only to discover during a criminal records check for a job that they had been convicted of fare evasion without being aware of it.
The passenger claimed they had never received any documentation or court material.
The ORR found there were “a range of circumstances” in which passengers may innocently travel without a valid ticket, for example, when they forget their railcard or simply make a mistake.
The review also found that prosecutions for ticketing offences had increased by 52% from 2019 to 2023, while passenger numbers had fallen by 7%.
The extent to which each train operator used prosecutions varied considerably, even when normalised for passenger numbers, the report noted.
But the regulator warned that these reasons could also be used by passengers who “deliberately choose” to underpay or avoid their fare, making it difficult for rail staff to determine their intent and the course of action.
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Rail staff described how fare evasion was becoming “increasingly more challenging to tackle” and “normalised among certain passenger groups”, according to the ORR.
“Making this more challenging is the railway’s complex fares and ticketing framework. This has grown more complicated over time,” the report added.
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Under railway bylaws, not being able to present a valid ticket for a journey is an offence, regardless of a passenger’s intent, which the ORR said meant “disproportionate action can end up taken against some passengers”.
The inquiry was commissioned by then transport secretary Louise Haigh in November 2024 to review the handling of revenue protection and fare evasion across the industry, following reports of cases where passengers were being prosecuted over a small amount of money.
The ORR made a series of recommendations to Transport Secretary Heidi Alexander and the Department for Transport, like ensuring that passengers have “clearer information” about tickets, and creating consistency in how passengers are treated when ticket issues arise, particularly when it comes to prosecutions.
“Deliberate fare-dodging costs the taxpayer up to £400 million annually – money which could be better spent on improving passenger experience – and must be dealt with, but ham-fisted prosecutions that punish people who have made an innocent mistake is not the way to do this,” rail minister Lord Hendy said.
He added that the government would study the report and set out how the address will be addressed “in due course”.
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A spokesperson for Rail Delivery Group, which represents operators, said it welcomed the ORR’s “sensible recommendations”.
She continued: “The rail industry will work on implementing the recommendations in line with our plans to create a simpler, better-value fares system.
“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.”
