Train passenger threatened with court action for having wrong railcard - despite it having same discount, report finds

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.

Rail staff described how fare evasion was becoming "increasingly more challenging to tackle" and "normalised among certain passenger groups.