Updated 10.22

The growing number of complaints reported from rail passengers who are sometimes prosecuted and heavily fined for a comparatively trivial mistake about the fare they should have paid has triggered a Government review into how operators deal with fare evasion, which is said to cost several hundred million pounds a year.

In one recent case, a 29-year old passenger from St Albans was threatened with prosecution because she had inadvertently chosen the wrong railcard when buying her ticket on Thameslink, even though she held a valid card which entitled her to the same discount.

That case has now been overturned after her MP intervened, but she had previously been fined £450 in her absence in another case because she had not uploaded her railcard properly to a phone app, although she proved to a revenue enforcement inspector that she had bought the right railcard by producing her receipt. The papers for that case had been sent to the wrong address, and she told the BBC that she still does not know if she now has a criminal record.

Transport secretary Louise Haigh has asked the Office of Rail and Road to carry out the review into how clear terms and conditions are for passengers, and when prosecution is appropriate.

The ORR said ‘reports have emerged of instances where a disproportionate approach might have been taken to those making a genuine mistake’.

The transport secretary said: ‘Make no mistake, deliberate fare-dodging has no place on our railways and must be tackled, but innocent people shouldn't feel like a genuine mistake will land them in court.

‘An independent review is the right course of action, and will help restore passengers’ confidence in the system.

‘It is clear that ticketing is far too complicated, with a labyrinth of different fares and prices which can be confusing for passengers. That’s why we have committed to the biggest overhaul of our railways in a generation, including simplifying fares to make travelling by train easier.’

The ORR’s director of strategy, policy and reform Stephanie Tobyn added: ‘We welcome the opportunity to conduct this review.

‘It is important passengers are treated fairly and dealt with consistently and proportionately when ticketing issues arise, whilst also balancing the legitimate revenue protection interests of operators and taxpayers.’

Officials at the Department for Transport will now work with the ORR to decide the review’s scope, timings and terms of reference after seeking legal and other expert advice.

Watchdog Transport Focus responded: ‘We will be sharing with the review what passengers have told us about how confusing the current ticketing system is. People who have made an innocent mistake should be treated with understanding and not immediately assumed to be guilty.

‘We also know fare evasion costs the railway hundreds of millions of pounds every year, money which could be better used to improve services for passengers. Positive action on revenue protection with a focus on ensuring penalties are given only to those who deserve them will help build trust and confidence in the railway.’