Commuters who appeal against penalty fares risk criminal record

Telegraph

3 hours ago

Yet those who formally dispute an inspector's view of the notoriously complex web of British train ticketing rules could now find themselves with a criminal record if they stand up for what they believe is right.
Paul Goldspring, the Chief Magistrate, said in a written ruling dated February 21, which has not previously been published: 'I rule that criminal prosecutions can be brought following a penalty fare appeal being dismissed…'
The judge said he had been given 'an undertaking that all [Department for Transport Train Operating Companies] will follow the guidance given by the court'.
Fines of up to £1,000 and, for repeat offenders, prison sentences of up to three months can result from a conviction for failing to produce a ticket or travelling with intent to avoid payment.
A conviction under the Regulation of Railways Act 1889 will appear on DBS background checks, potentially affecting someone's job prospects.
Campaigners fear that Judge Goldspring's ruling has given train companies a green light to threaten honest but mistaken commuters with a criminal record as the price of challenging ticket inspectors.
'Sham of an appeal system'
Christian Waters, 47, of Leeds, who was targeted for prosecution in 2022 after having his penalty fare appeal rejected, said: 'Why was this ruling not published, given it affects the protection that hundreds of thousands of passengers would assume they had from the regulations?
Mr Waters, whose case was dropped after he realised that Northern, the government-owned rail company, had broken the rules by trying to haul him in front of a judge, said: 'I do feel like they are saying I got off on a technicality now. I still dispute that I did anything wrong; their machine was not working!'
'No one has any protection at all, a sham of an appeal system and then money [is] demanded backed up by criminal law,' he continued.
The unpublicised Westminster magistrates' court ruling came about after another government-owned train company, Southeastern, asked the court if a number of previous prosecutions it brought were lawful. The exact number was not revealed in the judgment.
'It is clearly irrational that a person who brought an unmeritorious appeal could not be prosecuted, whereas someone who did not appeal could be,' ruled Judge Goldspring.
While an out-of-court appeals process exists for penalty fares, Parliament never intended commuters to be criminalised when it created the scheme some 35 years ago.
Introducing the 1988 law that created penalty fares, Tory peer Lord Marshall of Leeds told Parliament: 'If, however, a passenger on a train is not in possession of a ticket, he is not to be treated as a criminal under this Bill. He is simply asked to pay a penalty fare, which is a civil penalty and not a criminal one.'
Today, Regulation 11(3) of the Railways (Penalty Fares) Regulations 2018 says that prosecution is only allowed where the penalty has been cancelled by the train company before the appeal panel has decided the outcome.
Yet in his February 2025 ruling, Judge Goldspring said: 'The prosecutor obviously should not bring a prosecution if it is excluded,' but added: 'There is no obligation on the court to investigate whether the defendant has a defence.'
'This must be dealt with in a balanced manner'
Penalty fare appeals are decided by a private company called Appeal Services, which is a contractor paid by train companies to decide penalty fare appeals.
According to Appeal Services' website, in the last 28 days, its assessors rejected 80 per cent of first-stage appeals.
A Department for Transport spokesperson said: 'Deliberate fare-dodging costs the taxpayer up to £400 million annually – money which could be better spent on improving passenger experience.
'This must be dealt with in a balanced manner, which is why Great British Railways will bring operators together to establish oversight and better standardise practices, putting an end to inconsistent prosecutions and making sure passengers are treated fairly.
'We're working at pace to simplify ticketing as part of our rail reforms, to alleviate confusion and make it easier for people to buy the right fare.'