Train fare evasion prosecution claims may be possible for people who were prosecuted using the Single Justice Procedure between 2018-2023. Read our FAQs and how we can help here.
FAQs
What Happened?
Between 2018 and 2023, over 74,000 people were wrongly prosecuted for train fare evasion in England and Wales. The prosecutors used a legal process known as the Single Justice Procedure (SJP) in error.
A 2024 court ruling declared these prosecutions unlawful, paving the way for those affected to seek compensation.
Which Train Companies Were Involved?
The following train companies were responsible for the unlawful prosecutions:
- Northern
- Transpennine
- Avanti West Coast
- Greater Anglia
- Great Western Railway
- Arriva Rail Northern
- Merseyrail
- Govia c2c.
What Law Was Used to Prosecute Train Fare Evasion Unlawfully?
The train companies relied on Section 5(1) or 5(3) of Regulation of Railways Act (1889).
Why Was Using the Single Justice Procedure a Problem?
The Single Justice Procedure was introduced in 2015 to speed up justice and reduce backlogs. It was designed for minor offences which do not result in prison sentences, such as not paying a TV licence or lacking car insurance. Hearings are fast-tracked in the Magistrates Courts and held behind closed doors. Nearly half a million cases are dealt with this way every year in England and Wales.
But train fare evasion prosecutions under Section 5(1) or 5(3) of the Regulation of Railways Act 1889 can result in prison terms. This meant that the SJP should not have been used in those cases.
As a result, all Single Justice Procedure train fare evasion convictions based in Section 5(1) or 5(3) of Regulation of Railways Act were unlawful. They have been declared “void ab initio” (which means that they were treated as if they never existed), and “set aside”.
How Many People are Affected?
The BBC reports that there as many as 74,000 victims of this unlawful prosecution.
The government says that, although the SJP was used by train companies from 2016 onwards, the unlawful cases were prosecuted between 2018-2023, “with the vast majority of affected cases prosecuted from 2020”.
How Did This Error Get Dealt With?
On 15 August 2024, the Chief Magistrate for England and Wales considered a small number of test cases. He said:
“My initial view, which has crystalised over a week of research, is that all of the offences not covered by the 2016 order and prosecuted in the Single Justice Procedure are void and therefore a nullity.”
This meant that the cases before him which addressed the SJP prosecution error should be voided and set aside. The Chief Magistrate ordered that His Majesty’s Courts and Tribunals Service and the rail providers put together a list of affected individuals who were convicted in the same circumstances.
HMCTS has written to as many people as possible, but some may not have received a notice due to, for example, a change of address.
How Do I Know if My Train Fare Evasion Case Was Unlawfully Prosecuted
Despite the unlawful use of the Single Justice Procedure described on this page, train companies were legally allowed to use the SJP to prosecute train fare evasion using existing railway bylaws. This is because train fare evasion (or “fare dodging”) prosecutions using the railway bylaws cannot result in prison sentences.
The problem arose when train companies relied on s.5(1) or s.5(3) of the Regulations of Railways Act instead of the railway bylaws. Then, they should have used the normal court process which involves an “open court” hearing because a conviction could result in jail:
How the Single Justice Procedure (SJP) and traditional Court Process matters for people bringing Train Fare Evasion Claims.
This means that only certain train fare evasion prosecution cases are potentially unlawful. You may be a victim of unlawful prosecution if all of the following four circumstances apply:
- you were prosecuted by one of the train companies listed above (see: Which Train Companies Were Involved?)
- they used the Single Justice Procedure
- the prosecution took place between 2018-2023
- the Single Justice Procedure Notice you received stated that you were being prosecuted under Section 5(1) or 5(3) of Regulation of Railways Act.
What Should You Do If You Haven’t Received a Letter from HMCTS?
First: check that your case meets the criteria in the FAQ section above (see: How Do I Know if My Train Fare Evasion Case Was Unlawfully Prosecuted).
If it does:
- get your case number or account number from the Single Justice Procedure Notice you received from the court
- call HMCTS on 0300 303 5858 and ask them to write to you confirming that your prosecution has been declared void and set aside
- make sure you give them your up-to-date contact information
- see below to find out if you should contact Donoghue Solicitors for advice.
What Remedy Has the Court Offered?
The Chief Magistrate’s judgment noted on page 3 that:
“Any monies paid, by way of fines or costs, should be refunded in the same way as they would be for any other conviction which is subsequently appealed or set aside.”
The amount to be refunded varies. For example, Christian Waters received £3.50 after being prosecuted using the SJP in 2022.
Can You Claim For Anything Else?
Given the Chief Magistrates’ judgment, refunds for fines and costs should be straightforward.
But victims of this unlawful prosecution may seek additional compensation, and this is where we come in.
We are specialist solicitors who might be able to help if:
- you have been unlawfully convicted of train fare evasion as detailed above
- your claim is part of a wider claim which includes personal injury
- it is worth more than £10,000, as valued by us.
On top of the court-ordered refunds, you may be entitled to claim compensation for:
- Data Protection Claims due to the unlawful taking, use, and storage of your personal data, DNA, fingerprints, photograph etc.
- Personal injury, such as:
- distress, anxiety, depression, and other psychiatric conditions
- false imprisonment
- assault/ battery
- trespass to the person
- financial losses, such as lost earnings, legal fees, out of pocket expenses.
Claims can be brought under laws relating to:
- misuse of private information
- misfeasance in public office
- negligence
- defamation
- wrongful interference with goods
- breach of confidence
- etc.
How Does the Unlawful Taking of Personal Data Affect You?
If you were convicted as described above, it is likely that your conviction was recorded on the Police National Computer, and possibly other databases held by forces such as British Transport Police.
These unlawfully created records could have a significant impact on your personal and professional life. They may make it hard to get or keep a job, travel, or live abroad.
If we represent you, as part of our service we can seek to get your PNC records deleted, so you will not have to worry about the train fare evasion conviction coming back to haunt you in future.
We have dealt with situations like this many times. For example, read how we helped our clients:
- Lisa McCullough and James Williams recover more than £40,000 compensation for their Data Protection breach claim.
- Clive Summers, a high-profile solicitor, who sought our help to remove PNC data which showed up on a Police Certificate. The inaccurate information on the PNC was personally devastating and could have prevented him from obtaining a foreign work visa, which may have resulted in significant financial and personal losses.
- D, whose inaccurate PNC record affected his foreign travel. In that case, our client was arrested at Gatwick airport on his return from holiday.
Please note that we cannot help where you have suffered little, or no, loss or distress despite a data breach. This is because claims that do not satisfy the “de minimis” threshold are unlikely to succeed (see Rolfe -v- Veale Wasbrough Vizards LLP).
Unfortunately, this means that we cannot help unless WE value your claim at £10,000 or more.
What Time Limits Apply to These Train Fare Evasion Prosecution Claims?
As you can read on our Data Protection Claims page, strict time limits apply, ranging from one year less one day, to six years.
Depending on your circumstances, you may be time-barred from pursuing some claims, but still within time for others.
Contact us for expert legal advice to find out more.
How are Train Fare Compensation Claims Funded?
Victims of the Train Fare Evasion Prosecution Scandal can fund their cases in a variety of ways. (Read all about your options on this page.)
We represent most of our clients on a “no win no fee” basis. If you choose this method of funding, you will not have to pay any legal fees up front and only pay a success fee if you win (unless rare exceptions apply).
Please note that we do not offer legal aid. Contact The Law Society to find a legal aid solicitor if you think you may be eligible.
Contact Kevin Donoghue and Daniel Fitzsimmons for expert legal help with your train fare evasion prosecution claims.
Which Lawyers Help With Train Fare Evasion Compensation Claims?
Contact Donoghue Solicitors to find out if we can help with your train fair evasion compensation claim.
Our award-winning team is led by Kevin Donoghue, Solicitor Advocate and founding director of Donoghue Solicitors. Kevin has over 25 years of experience in civil litigation and was awarded the Outstanding Lawyer Award for his contribution to the law at the 2025 Liverpool Law Society Legal Awards.
Kevin is ably assisted by his fellow director, Daniel Fitzsimmons, CILEX Lawyer and Chartered Legal Executive.
Mr Fitzsimmons and his fellow CILEX Lawyer Chartered Legal Executives, Kemmi Alfa and Jack Hudson, work with clients throughout England and Wales to get them the compensation and justice they deserve.
How Do I Start a Train Fare Evasion Compensation Claim?
Get in touch with Donoghue Solicitors today:
- call free on 08000 124 246
- complete the online form on this page.
We look forward to helping you with your claim.
