Refund train ticket: 1000s of rail passengers could receive fare fine refunds after major SJP court ruling

• Tens of thousands of rail passengers prosecuted for fare evasion are set to receive refunds
• At least seven train companies were found to have wrongly used the single justice procedure for prosecutions
• Chief Magistrate Paul Goldspring declared six test cases void, and said similar cases would be handled identically
• The Courts Service, Department for Transport and train companies will collaborate to identify and refund passengers
• It is estimated that over 74,000 people could be impacted

Tens of thousands of rail passengers who were prosecuted and fined for fare evasion are set to receive refunds.

A total of seven train companies, including Northern Rail and Greater Anglia, may have to pay out millions of pounds to people after a judge determined the convictions were invalid. That’s because the companies privately prosecuted people for travelling without a ticket using the controversial single justice procedure (SJP), even though they were not allowed to do so.

On Thursday (15 August), Chief Magistrate Paul Goldspring of Westminster Magistrates Court declared six "test cases" void and stated that thousands of other cases would be dealt with in the same way over the coming months.

Here’s everything you need to know about it.

How will the refunds work?

Judge Goldspring said that the Courts Service, the Department for Transport and the train operating companies - two of which are yet to be named - will collaborate to identify those affected by the ruling.

He added that “a team will be put in place to begin the work of recovering the money paid and refund the money to individuals” by November. The judge also mentioned that discussions with all parties are ongoing regarding the payment process.

It is hoped that a list of those affected could be compiled by the end of September, with the cases listed as a “bulk” hearing “by the end of October” and declared void by a “similar direction” so that “everybody is in the same position”.

It is understood those affected will be contacted directly and given further instructions.

How many people are affected?

Although the exact amount to be refunded and the number of affected individuals has not yet been confirmed, Judge Goldspring estimated that "over 74,000" people was a “best guess at the moment”.

Following the ruling, the Ministry of Justice, the Courts and Tribunals Service and the Department for Transport named the seven companies who had privately prosecuted fare evaders under the SJP.

Those companies are Northern, TransPennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail North, and Merseyrail, with the list to be updated on Monday (19 August).

The departments said those affected by the ruling were prosecuted by one of the seven companies between 2018 and 2023, with the “vast majority” of cases prosecuted from 2020.

Why are the refunds happening?

The refunds will be happening because train companies privately prosecuted people for travelling without a ticket using the controversial single justice procedure, even though they were not allowed to do so.

The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.

Rail companies were permitted to use the SJP 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.

In June, Judge Goldspring said those convictions were “probably unlawful”, with lawyers for rail companies telling a further hearing last month they were “in agreement” the prosecutions should be thrown out.

In his ruling, the judge declared the test cases a “nullity”, so it was “as if as though the proceedings never existed”.

He said: “Parliament did not envisage these offences being prosecuted through the SJP. They should never have been brought through that process.”

He continued: “I’m satisfied that the correct approach is to declare each of the prosecutions void and a nullity.”

What have the train companies said?

After Thursday’s hearing, a spokesperson for Northern Rail said: “We welcome the judgement of the Chief Magistrate in court today. We would like to apologise again for the errors that have occurred.

“We will now work with the court to implement today’s findings. We are unable to respond to individual inquiries in the meantime.

“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.”

In written submissions for a hearing in July, Greater Anglia said it acknowledged “a series of significant errors” had occurred and wanted to “apologise unreservedly” to those affected.

As mentioned, the other two train companies involved in Judge Goldsmith’s ruling have not yet been named.

We’d love to hear your thoughts on this significant ruling and its impact on rail passengers. How do you feel about the upcoming refunds? Join the conversation by sharing your views in the comments section.