More than 28,000 prosecutions for rail fare evasion quashed with further hearings to take place

Ted Hennessey PA & Daniel Hall
·2-min read
A Northern train travels along the High Level Bridge
-Credit: (Image: PA)


Two rail firms which operate extensively in the North East have seen more than 28,000 alleged fare evasion prosecutions they brought quashed.

Northern Rail brought 28,631 prosecutions using the single justice procedure (SJP) between August 6, 2020 and May 21, 2024, despite not being permitted to do so. TransPennine Express (TPE) brought 41 prosecutions in January 2024.

On Thursday, all prosecutions were declared null and void by Chief Magistrate Paul Goldspring during a two-minute hearing at Westminster Magistrates' Court. He ruled in August that six "test cases" of prosecutions for alleged fare evasion brought by train companies should be declared a "nullity", adding the others would be dealt with in the same way.

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It means that rail operators now face paying millions of pounds to people who were privately prosecuted under the SJP. Neither the amount of money to be refunded nor the number of people affected has been heard, but the court heard at the August hearing that "over 74,000 people" was a "best guess at the moment."

Northern welcomed Thursday's outcome and apologised for the "errors". A spokesperson said: "Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Service.

"We are unable to respond to individual queries at this time. Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket."

Chris Jackson, Managing Director at TPE, said: "We welcome today's outcome and would like to apologise again for errors that have occurred. Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Services.

"We are unable to respond to individual queries at this time.

"TPE remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket.”

The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as driving without car insurance or using a TV without a licence, without defendants going to court. Rail companies were permitted to use it in 2016 to privately prosecute those evading fares, but may have been brought under the Regulation of Railways Act 1889, which is now permitted under the procedure.

Further hearings are set to take place regarding thousands of other train fare prosecutions. Affected cases were also prosecuted by Arriva Rail Northern, Avanti West Coast, Greater Anglia, Great Western Railway, Merseyrail and C2C, the Courts and Tribunals Service said.

The department said those affected by the ruling were prosecuted after 2018, with the "vast majority" of cases prosecuted from 2020, under either section 5(1) or section 5(3) of the Regulation of Railways Act 1889. Those affected should wait to be contacted directly by the Courts and Tribunals Service about their case, including if they have paid a financial penalty.

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