Northern stops railcard prosecutions

Northern Trains has confirmed to RAIL that it is halting all current cases of passengers prosecuted for using 16-25 Railcards to claim discounts at the wrong time of day.

The operator is also reviewing up to 25 previous similar prosecutions.

The BBC reported that Sam Williamson, 22, from Glossop, was threatened with prosecution by Northern after he mistakenly bought an invalid £3.65 ticket from Broadbottom to Manchester using his 16-25 railcard on September 5. The Railcard rules say it cannot be used for fares below £12 between 0400 and 1000, Monday to Friday, but Mr. Williamson had previously used it without being challenged in July and August, when that rule does not apply.

Mr. Williamson said he was not allowed to buy another ticket or pay a penalty and was reported for prosecution. He told the BBC that this was "quite stressful", and he felt prosecution was an "unreasonable" response to "fundamentally, a difference of £1.90". His case attracted a lot of attention on social media and Northern has since contacted Mr. Williamson to say it is not pursuing the case.

A spokesperson for Northern told RAIL: “The industry regulations on railcards are extremely complex for customers, so we are taking the opportunity to look how we apply all railcard T&Cs and not just the 16-25 Railcard. This includes continuing to work with the industry to address the simplification of terms for customers.”

Northern has now issued guidance on prosecutions for using 16-25 railcards to claim discounts at the wrong time of day.

The company says it is withdrawing any live cases and will also look to review previous prosecutions relating to this specific issue. There are fewer than 25 cases since Northern Trains was taken under Department for Transport ownership in 2020 that need to be reviewed.

The company says it is committed to treating customers fairly and proportionately whilst balancing the need to protect taxpayers’ money.

It’s been reported that people affected might be able to claim compensation. Nathan Seymour-Hyde, partner at Reeds Solicitors, told RAIL:

 “It’s open to debate whether previous prosecutions for this type of thing were unlawful and merit compensation. The area is regulated by The National Railway Conditions of Travel, but the relevant provisions are poorly drafted and open to interpretation. In section 9, the inspector is given discretion in cases where the commuter has an invalid ticket and can ‘report for prosecution’ if they see fit. However, the next section (9.5) states that where a commuter is using a ‘time-restricted ticket that is correctly dated but invalid’, ‘you will be charged the difference in fare’. Until now, prosecutors have assumed that they hold the discretion in any case of an invalid ticket - but there is an inherent tension between the two provisions, which makes the correct position unclear.”