A genuine mistake with a train ticket can even lead to court prosecution (Picture: Getty Images)
Train passengers are being punished for accidental ‘minor transgressions’ when buying tickets,the rail watchdog has said.
With millions of people in the UK travelling by train every day,mistakes are bound to happen – whether that’s selecting the wrong railcard or catching the wrong train.
And the country’s rail ticketing system,with various train operators and websites,can be confusing – and draconian.
Now,the transport watchdog,the Office of Rail and Road,has said that train operators took disproportionately harsh measures against passengers who had made ‘genuine errors.’
The rules are so harsh that a passenger was threatened with prosecution for mistakenly selecting a 16-25 railcard discount when they had a 26-30 railcard.
Fare evasion recommendations
The watchdog made five key recommendations on how the fare evasion system could improve,although they are unlikely to have any immediate impact on passengers.
Even seasoned travellers can be caught out by different ticket types,validity,restrictions and peak/off-peak travel times. This is because the ticket retail systems are out of date.
The watchdog called for plain English explanations of ticket details,and a redesign of ticketing systems.
Train operators have used ‘inconsistent’ approaches and legal powers,which can lead to ‘sometimes unfair or disproportionate outcomes.’
Actions to address this include adopting more consistent practices when tickets are checked and escalated based on ‘likely passenger intent.’
A warning sign about the rail penalty fare if passengers travel without a valid ticket (Picture: REX/Shutterstock)
Passengers can face very different practices depending on the train operator if prosecuted for a mistake,including the choice of law,legal procedure,use of third-party agents and out-of-court settlements.
This is why the watchdog proposed a more consistent legal test for prosecutions based on public interest,and a wider review of revenue protection legislation in the future.
Some people,like Sam,have been caught out by the small print in the ticket T&Cs,with conditions like travel being limited to a specific time only if using a railcard.
This could be addressed by making T&C,penalty,prosecution and passenger rights information easier to find and understand.
The way train operators enforce train ticket rules has ‘proliferated over time,’ while the legal framework is complex and used inconsistently depending on the company.
The ORR called for a body or forum to identify and promote best practices on revenue protection.
Rail Delivery Group,the body representing UK rail operators,said the industry will work to implement the recommendations.
A spokesperson said: ‘Fare evasion remains a significant challenge for the industry,costing the railway hundreds of millions of pounds each year.
‘That’s money that can’t be used to improve services,which increases the burden on customers and taxpayers.
Fare dodging costs the railways hundreds of millions of pounds every year,but the measures to deter and tackle it should be applied ‘appropriately and fairly,’ the transport watchdog said (Picture: In Pictures/Getty Images)
‘So 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.’
It comes after South Western Railway was nationalised as part of the government’s plan to cut delays for passengers.
However,the change does not mean cheaper tickets as the focus is on that ‘trains arrive on time,lower levels of cancellation and a better passenger experience,’ Transport Secretary Heidi Alexander told Metro.
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