Northern rail made more than half a million in "unlawful" fare evasion prosecutions
The Lead has found that there were almost 6,000 out of court settlements by the train operator for fare evasion charges in the last four years.
New figures show a train operator has made more than half a million pounds worth of out of court settlements for fare evasions in the last four years. Some of the fines that have been paid – and can’t now be overturned – should never have been pursued.
A Freedom of Information request by The Lead to Northern rail has revealed almost 6,000 out of court settlements made by the government-run rail operator for fare evasion charges between 2020 and November 2024, totalling over £560,000.
The revelation of these settlements follows a wave of criticism directed at rail operators after the mass overturning of fare evasion prosecutions secured through the “single justice procedure” (SJP) since August 2024.
Chief Magistrate Paul Goldspring ruled in August that more than 74,000 prosecutions for fare evasion were brought unlawfully because operators were not permitted to use the SJP, which sees cases heard by magistrates behind closed doors, instead of open court.
SJP was introduced in 2015 for minor offences – like not having a TV licence or driving without car insurance. It allowed firms to fast-track prosecutions and pursue them behind closed doors, without going to magistrates’ court.
Rail companies were permitted to use SJP in 2016 to privately prosecute fare evaders, but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.
Northern has been at the centre of this scandal after upwards of 28,000 prosecutions were overturned at once in a Westminster court in November, although the operator apologised for its “errors”. Yet not all charges brought by Northern went to court, and can’t be overturned.
The impact of these prosecutions – sometimes even for unpaid fares as small as £2, or cases of genuine mistakes – is distressing for passengers, and can even land people with a criminal record.
In 2022, Leeds resident Christian Waters began to be prosecuted by Northern after failing to buy a £3.50 ticket because the ticket machine at the station wasn’t working. Christian was due to be prosecuted under the single justice procedure, but after complaining to Northern his charges were dropped and he settled for the price of his original ticket.
Christian told The Lead: “It is stressful defending yourself in a criminal case no matter how trivial the charges. By far the easiest course is to pay the sums demanded to make the problem go away.
"However, I was incensed that even after the Post Office scandal here was another company misusing the criminal courts. That made me determined to fight the charge, and ultimately to hold Northern to account for their unlawful actions.”
Nathan Seymour-Hyde, head of fare evasion law at Reeds, told The Lead: “For many people, when they receive an initial letter from the train company’s prosecution team, it’s the first time that they have been threatened with the prospect of legal proceedings. The uncertainty can cause a great deal of anxiety, especially when a criminal conviction could have a serious impact on their career.”
Since Northern was taken over by the Department for Transport (DfT) in 2020, the operator has made 5,952 out of court settlements for fare evasion charges worth a total of £566,110.67, or on average £95.11 each.
In 2024, the average settlement value rose to over £134. The incentive for those charged – frequently commuters with no experience dealing with criminal charges – to take such a settlement rather than plead not guilty in court is strong: conviction for fare evasion appears on your criminal record, which can threaten employment or immigration status, while fines issued through SJP can reach £500.
With the overturning of tens of thousands of prosecutions, rail operators’ unlawful use of the single justice procedure means legitimate cases of fare evasion, too, have been or will be overturned. Of the nearly 6,000 settled cases, many will be real fare evasion, but the quashing of prosecuted cases raises questions over the hundreds of thousands of pounds in settlements which may not have been legally prosecuted.
“5,952 Northern passengers have paid significant damages to the operator over the past five years to avoid proceedings which may not have been lawful.”
Railfuture is one of the UK’s leading independent rail organisation, representing 20,000 rail user members. Their spokesperson Bruce Williamson said: “We support the idea of cracking down on fare evasion because it's good for the railways, but rail companies have to be very sensitive in dealing with fare evasion and differentiating between those who have made a genuine mistake and those who are doing this to defraud the system.
“The rail companies need to be seen to be making an effort to make this distinction, because fining some poor commuters hundreds of pounds has been a PR disaster for the railways.”
While Northern’s prosecutions through the single justice procedure are continuing to be quashed, and the Government has announced a review of the process, these settled cases are not being reviewed – even if they would have been overturned should Northern have prosecuted.
This is because charges are brought – including the unlawful prosecutions – later into the process, after initial settlements are offered by Northern. This means that up to 5,952 Northern passengers have paid significant damages to the operator over the past five years to avoid proceedings which may not have been lawful.
Contributing to the scandal is a confusing ticketing system and strict enforcement of even low-value violations.
Last October engineering graduate Sam Williamson used a 16-25 railcard to travel from Broadbottom, Tameside, into central Manchester.
He had bought an “anytime” ticket, but the railcard’s conditions stipulated that it cannot be used below a minimum fare of £12 before 10am on weekdays. For a difference in fare of less than £2, Northern threatened Sam with prosecution that was eventually withdrawn – but only after his situation drew the attention of national media outlets when he shared it on X (Twitter).
“There is an even bigger sum of settlements obtained by the threat of an unlawful prosecution, arguably all these are in question,” Christian went on to tell The Lead. “Train companies persistently state that passengers can be prosecuted for non-payment of penalty fares.”
A lack of nuance
The crucial issue with these prosecutions of small-scale offences, is a fare evasion system that leaves little room for nuance.
When a passenger shows an invalid ticket, the inspector is presented with three options: sell them a new ticket, issue a penalty fare, or pass the case to the prosecutions team. The inspector most often chooses the third option if they suspect that this mistake might be part of a broader pattern and needs the prosecutions team to investigate past ticket sales to the passenger.
Despite this step being taken as a means to look into the possibility of a pattern of evasion, in all cases the passenger receives the same standard prosecution letter, which if not answered or settled leads rail operators to prosecute through the Single Justice Procedure.
Nathan Seymour-Hyde adds: “One issue with the present system is that it can take two-three months for the train company to send out an initial letter. It’s not uncommon for people to move address during this gap and this can cause an unfortunate chain of events. If no response is provided to the initial letter, even if the matter is extremely minor, the train company will eventually progress the matter to a prosecution. The Defendant would be found guilty in absence and lumbered with a criminal conviction as well as an order to pay a fine and costs.”
When asked to comment on its settlements in light of the overturned prosecutions, a Northern spokesperson said: “We remain firmly committed to tackling fare evasion and protecting taxpayers’ money. Anyone who travels without a valid ticket can be asked to pay the fare in full, issued with a penalty fare or contacted to provide further evidence to settle the matter out of court. We always take into account any evidence provided or mitigating circumstances.
“Northern has already commenced a review of its approach to enforcing ticketing, recognising that there are circumstances where the rules on ticketing may not be understood by passengers. We have also temporarily suspended certain prosecutions whilst its review is undertaken.
“Rigorous enforcement against deliberate fare evasion, abuse, and violence will continue.”
What can concerned passengers do?
If you regularly use trains and you’re concerned about rail operators’ policies or want your voice heard, you can join or set up a local rail user group. A full list of existing groups can be found on Railfuture’s website.
About the author: Gabriel Kennedy is a freelance journalist based in North and West Yorkshire. He specialises in investigative and Freedom of Information work, and has previously worked for The Lawyer magazine, where he reported extensively on the Post Office Horizon IT Scandal.
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