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Hundreds of thousands of prosecutions for alleged fare evasion are to be quashed after a judge has ruled them void.
This means passengers of four train companies including Northern Rail and Greater Anglia who have been prosecuted may be due their money back.
The ruling comes after Chief Magistrate Paul Goldspring found that the train operators had brought action against many passengers using the Single Justice Procedure (SJP) in a way that is not permitted.
They did this by pursuing action under the wrong legislation. Thousands of cases were under the Regulation of Railways Act 1889, which is not allowed under the SJP. Instead, they should have been invoking other acts which outlaw fare evasion.
Judge Goldspring said the six “test cases” ruled upn should be declared a “nullity”, to make it “as if as though the proceedings never existed”. There are thought to be around 75,000 cases that will now be quashed in the same way.
Giving a summary of his judgment, he said: “Parliament did not envisage these offences being prosecuted through the SJP.
“They should never have been brought through that process. This is, to my mind, a paradigm nullity.”
He continued: “I’m satisfied that the correct approach is to declare each of the prosecutions void and a nullity.”
Here’s everything you need to know if you think you might be eligible to get money back:
When you receive a SJP notice, you will be told under what legislation you are being prosecuted. If this was the Regulation of Railways Act 1889, then you may be one of the 75,000 who can expect to receive compensation.
It’s unlikely you will need to apply for this, as all cases will remain on record. However, you may receive notice from the train company or HMCTS via email or post telling you to take action. It’s worth keeping an eye out for updates later this year.
Judge Goldspring said: “I will simply list them as a bulk listing, no parties required, and then I will then make a similar direction in relation to all these cases affected, so everybody is in the same position.”
The judge said by the end of November, “a team will be out in place to begin the work of recovering the money paid and refund the money to individuals”.
“There are discussions ongoing with all the parties about how that may be paid,” he added.
It remains unclear whether rail companies be allowed to re-pursue these alleged cases of fare evasion under legislation that is permitted under the SJP.
