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Yahoo
2 days ago
- Yahoo
Commuters who appeal penalty fares risk criminal record
SCHEDULE FOR 6.30AM LIVE PRIORITY TAG Commuters who challenge train ticket inspectors now risk getting a criminal record, The Telegraph can reveal. Passengers who are handed penalty fares for making mistakes when buying their tickets can now be prosecuted as criminals if their appeals against those penalties are rejected. Rules have changed thanks to a judgment made by the Chief Magistrate earlier this year, the existence of which The Telegraph is revealing now. Penalty fares are given to train passengers who cannot produce a valid ticket when asked by an inspector. The rule change, likely to affect tens of millions of journeys per year, comes after the Office of Rail and Road warned train companies last week to stop punishing people who make 'seemingly unintentional or minor transgressions of fares and ticketing rules'. Public concern about fare-dodging has reached a high point after Robert Jenrick, the Conservative shadow justice secretary, was filmed challenging miscreants in London. Credit: X/@RobertJenrick 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. Chief Magistrate Paul Goldspring 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. 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 Government-owned rail company Northern 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. Westminster magistrates' court's unpublicised 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 for 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.' Penalty fare appeals are decided on 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. Southeastern and the Department for Transport were contacted for comment. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Yahoo
5 days ago
- Politics
- Yahoo
Rail regulator demands fairer ticket enforcement after The Bolton News probe
The rail regulator has called for a fairer and more consistent approach to ticket enforcement following an investigation by The Bolton News. The in-depth review, commissioned by the government, reveals the current system needs to work better for passengers, train operators and taxpayers alike. The regulator, the Office of Rail and Road (ORR), published a report that found travellers face 'inconsistent treatment and outcomes' for similar ticketing issues across the railway. The report has found that rail companies are losing around £400 million a year to fare evasion. And the report comes nearly a year after The Bolton News' landmark investigation into inconsistent ticketing, with passengers who purchased a train ticket advertised as being valid at "any time of day" have been taken to court and fined for using their ticket before 10am. In one instance, we reported that a £5 ticket to Bolton ended up costing a woman more than £100 after she selected an option for a "26-30 Railcard" on her phone while she was buying it – despite not having a railcard. READ MORE: What should have been a cheap trip up costing the woman much more than she bargained for – with an onboard ticket inspector charging her more than £100 for the journey after it turned out her ticket had a 26-30 Railcard discount, despite her not owning a Railcard. Other passengers affected included a 26-year-old man who was fined £462.30 for a £1.44 saving on a journey from Prescot to Liverpool. The ongoing issue was later picked up by national media outlets and was later bought to Parliament by Birmingham MP Ayoub Khan. As a result of the investigation, The Bolton News was also shortlisted for a regional press award. The ORR found there are 'a range of circumstances' in which passengers may innocently travel without a valid ticket, such as forgetting their railcard or simply making a mistake. The report stated: 'Making this more challenging is the railway's complex fares and ticketing framework. 'This has grown more complicated over time.' The inquiry found that rail staff described how 'fare evasion is becoming normalised among certain passenger groups', and it is becoming 'increasingly more challenging to tackle'. The inquiry made a series of recommendations to Transport Secretary Heidi Alexander and the Department for Transport, such as ensuring passengers have 'clearer information' about tickets, and creating consistency in how passengers are treated when ticket issues arise, particularly in relation to prosecutions. ORR director of strategy, policy and reform Stephanie Tobyn said: 'Effective revenue protection is essential for a sustainable railway, but it must be fair and proportionate for passengers. 'Our recommendations aim to protect both industry revenue and support passenger confidence. 'Our evidence shows a system that has evolved over time where the legal framework and enforcement processes are increasingly complex and appear weighted towards industry, leaving some passengers who make innocent errors vulnerable to disproportionate outcomes. 'But meanwhile, fare evasion remains a significant problem, and rigorous action should be taken against those who intentionally seek to defraud the railway.' A spokesperson for Rail Delivery Group, which represents operators, said it welcomed the ORR's 'sensible recommendations'. She added: '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.' Last week, shadow justice secretary Robert Jenrick posted a widely viewed video on social media in which he confronted people who forced their way through the ticket barriers at Stratford station in east London.
Yahoo
6 days ago
- Business
- Yahoo
Channel Tunnel train services to be increased in huge boost for London travellers
London passengers could soon be able to choose from a variety of international train services through the Channel Tunnel, following an announcement from the Office of Rail and Road (ORR). The regulator said it will allocate spare capacity at Eurostar's Temple Mills depot in north London to either a new operator or Eurostar itself, which has plans to grow. Eurostar currently has a monopoly on Channel Tunnel passenger services. However, other organisations are now looking to launch rival services between London and the continent. These include Sir Richard Branson's Virgin Group, Italy's state-owned railway company FS Italiane Group and Gemini Trains, chaired by Labour peer Lord Berkeley. Last month, the UK and Switzerland signed an agreement which could see direct trains from London to Geneva, taking just five hours. Access to space at Temple Mills for maintaining and storing trains is a critical requirement for new operators or Eurostar to boost services. It is the only UK site able to support trains that can be used in the Channel Tunnel and on tracks in continental Europe. From London St Pancras, Eurostar serves Paris, Brussels and Amsterdam, as well as running seasonal ski trains to the French Alps. Getlink – the French owner of the Channel Tunnel – believes there is potential for services between London and destinations including Bordeaux, Cologne, Frankfurt, Geneva, Marseille and Zurich. The ORR's deputy director for access and international, Martin Jones, said: 'The growing appetite to provide international rail services is great news for passengers. 'We now need operators to set out more detail on their proposals at pace, and will work quickly and as thoroughly as possible to determine the best use of capacity at Temple Mills.' The ORR said it will consider several factors, such as how proposed new services will impact performance, the financial and operational 'readiness' of operators, and the 'economic and societal benefits'. We've written this morning to Eurostar and applicants seeking to run cross-channel train services to set out next steps for access to Temple Mills International to depot capacity is crucial for providing more international services ⬇ — ORR (@railandroad) June 5, 2025 It expects to reach a conclusion later this year. Initial findings from an independent assessment of Temple Mills commissioned by the regulator were published in March. The review found there is some capacity available for more trains without any changes to current practices, and more capacity could be created through further investment. The ORR said it has reviewed evidence submitted in response to this by stakeholders such as Eurostar, and concluded the assessment is 'an accurate reflection' and 'suggests there is room for at most one new operator, or for Eurostar to grow'. The regulator said it will be 'some time' until services from a new operator would be able to start even after access to Temple Mills is secured. That is because they would need to receive regulatory approval in France, access to the High Speed 1 line between London and the Channel Tunnel, and procure trains.
Powys County Times
6 days ago
- Business
- Powys County Times
Channel Tunnel train services to be increased
Passengers will have more choice of international train services through the Channel Tunnel, regulator the Office of Rail and Road (ORR) said. It said it will allocate spare capacity at Eurostar's Temple Mills maintenance depot in north-east London to either one new operator or Eurostar itself, which has plans to grow. Eurostar holds a monopoly in running passenger services through the Channel Tunnel. Other organisations developing proposals to launch rival services include billionaire entrepreneur Sir Richard Branson's Virgin Group, Italy's state-owned railway company FS Italiane Group, and Gemini Trains, which is chaired by Labour peer Lord Berkeley. Access to depot space for maintaining and storing trains is a critical requirement for new operators or Eurostar to boost services. From London St Pancras, Eurostar serves Paris, Brussels and Amsterdam, as well as running seasonal ski trains to the French Alps. Getlink – the French owner of the Channel Tunnel – believes there is the potential for services between London and locations such as Bordeaux, Cologne, Frankfurt, Geneva, Marseille and Zurich. The ORR's deputy director for access and international, Martin Jones, said: 'The growing appetite to provide international rail services is great news for passengers. 'We now need operators to set out more detail on their proposals at pace, and will work quickly and as thoroughly as possible to determine the best use of capacity at Temple Mills.'
Yahoo
6 days ago
- Business
- Yahoo
Channel Tunnel train services to be increased
Passengers will have more choice of international train services through the Channel Tunnel, regulator the Office of Rail and Road (ORR) said. It said it will allocate spare capacity at Eurostar's Temple Mills maintenance depot in north-east London to either one new operator or Eurostar itself, which has plans to grow. Eurostar holds a monopoly in running passenger services through the Channel Tunnel. Other organisations developing proposals to launch rival services include billionaire entrepreneur Sir Richard Branson's Virgin Group, Italy's state-owned railway company FS Italiane Group, and Gemini Trains, which is chaired by Labour peer Lord Berkeley. Access to depot space for maintaining and storing trains is a critical requirement for new operators or Eurostar to boost services. From London St Pancras, Eurostar serves Paris, Brussels and Amsterdam, as well as running seasonal ski trains to the French Alps. Getlink – the French owner of the Channel Tunnel – believes there is the potential for services between London and locations such as Bordeaux, Cologne, Frankfurt, Geneva, Marseille and Zurich. The ORR's deputy director for access and international, Martin Jones, said: 'The growing appetite to provide international rail services is great news for passengers. 'We now need operators to set out more detail on their proposals at pace, and will work quickly and as thoroughly as possible to determine the best use of capacity at Temple Mills.' The regulator said it expects to reach a conclusion later this year.
