2 weeks Ago
More than 28,000 prosecutions brought by Northern for alleged fare evasions have been quashed, after the Bolton News highlighted how a commuter was being prosecuted over a £1.60 mix-up. Cerys Piper, a 23-year-old from Westhoughton , was unaware that she was being taken to Manchester Magistrates Court after taking a journey from Daisy Hill station to Wigan using an ‘Anytime Day Return’.
However, due to an obscure rule relating to her 16-25 Railcard which stated it could not be used with ‘anytime’ or ‘off-peak’ tickets under the value of £12 before 10am – making her ticket invalid. She then faced a court judgment against her for £462.80, which she continues to pay back to her mum, who helped her out.
Now, Northern Rail, which covers large swathes of northern England, brought 28,681 prosecutions against passengers using the single justice procedure between August 6 2020 and May 21 2024, despite not being permitted to do so. They were all declared null and void by Chief Magistrate Paul Goldspring during a two-minute hearing at Westminster Magistrates’ Court on Thursday. Only earning £11.
44 per hour in her job, Cerys said she had been treated ‘horrifically’ by the rail company and that the experience of getting on the train will ‘never be the same’. Cerys isn’t the only person who has been prosecuted or threatened with prosecution for this error. When The Bolton News investigated, others had also been fined more than £400 for similar infractions.
Mr Goldspring ruled in August that six “test cases” of prosecutions for alleged fare evasion brought by train companies should be declared a “nullity”, adding that others would be dealt with in the same way. Northern welcomed the outcome and apologised for the “errors”. A spokesman said: “Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Service.
We are unable to respond to individual queries at this time. “Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket.” Rail companies were permitted to use the single justice procedure in 2016 to privately prosecute fare evaders, but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.
Further hearings will take place regarding thousands of other train fare prosecutions. Those affected should wait to be contacted directly by the Courts and Tribunals Service about their case, including if they have paid a financial penalty. A Government spokesperson said: “While fare evasion should be tackled, the right process should be followed at all times.
HMCTS will contact people affected to resolve their case in accordance with the Chief Magistrate’s judgment. “A consultation examining the Single Justice Procedure and regulation of private prosecutors will drive up standards.”.
