Passenger train operators are being urged to be more lenient with those who make genuine mistakes when buying tickets.
Transport Focus has called for a nationwide ‘Yellow Card’ system for first-time errors made by passengers travelling with an incorrect ticket.
The passenger watchdog says some operators already use such a system but introducing it nationally would “make things farer for everyone”.
Transport Focus has called for the rail industry to treat passengers fairly as it tries to clamp down on £240 million in lost fare revenue. Currently, the Office of Rail and Road is asking for evidence as part of its review into revenue protection practices.
The Department for Transport-commissioned review has come after more than 28,000 rail fare evasion prosecutions by Northern and TransPennine Express quashed, while the former also agreed to stop prosecuting passengers for using railcard discounts for peak-time journeys costing less than £12.
Transport Focus also wants the ability to use railway byelaws as a prosecution route, saying that taking passengers to court without proof or intent to evade paying “offends natural justice”.
The watchdog also wants an agreement that there won’t be any penalties in situations where a simple technical error made when buying a ticket doesn’t cost the rail industry any lost revenue, and a regular review of bosies assessing appeals.
Meanwhile, it also calls for data about the number of cases, appeals and outcome of appeals to be made public to show the effectiveness of penalties and discretion are, and that the industry has ‘nothing to hide’.
It also wants the industry to improve training for front-line staff involved in revenue protection, and a clear hierarchy of actions, as well as increasing ticket checks and the number of gate-lines.
Another request is to introduce a central railcard database that will ensure a passenger’s eligibility for a discount can be checked quickly by staff if “they have forgotten or are unable to access proof when required”.
Transport Focus also wants a simpler fares and ticketing system, though that is not part of ORR’s review.
Natasha Grice, Director – Rail at Transport Focus, said the watchdog had been ‘long concerned’ about “the complexity of rail fares and ticketing”.
“We understand and support the principle that all users of rail should be paying for their ticket, but we want to make sure that passengers who make an innocent mistake aren’t punished unfairly,” she said.
“There are some things that the industry could do now to make things better and our research tells us that if the railway is to build trust and confidence, an improved approach to revenue protection is needed. Recouping this money could help boost investment in services, making things better for passengers.”
The call for evidence for ORR’s review closes on January 31. A final report will be delivered to the DfT by May 15.
Announcing the review last November, then-Transport Secretary Louise Haigh, said: “We have seen egregious examples of fare prosecutions and whilst fare evasion is totally unacceptable, and we continue to pursue it, we need to be clear that where people have made genuine mistakes they shouldn’t be prosecuted.”
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