Train Fare Evasion Prosecution Scandal
Thousands of people prosecuted by rail companies in England and Wales for travelling without a ticket may be eligible for compensation, following a 2024 court ruling. If you have been affected, you could be entitled to a refund and be able to claim compensation for the unlawful retention of your data.
The most important things to remember when making a train fare evasion prosecution claim:
- Between 2017 and 2023, over 74,000 people were wrongly prosecuted for train fare evasion using a legal process that was not permitted for these offences, rendering many of the convictions unlawful.
- Train companies involved include Northern Rail, Greater Anglia, TransPennine Express, Avanti West Coast, Great Western Railway, Merseyrail and Arriva Rail North.
- If you were affected, you may be entitled to compensation for fines paid, emotional distress, financial loss and the unlawful use of your personal data.
- Express Solicitors offers a free consultation, and your claim can be handled on a no win no fee basis.
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Who does this affect?
Those affected by the ruling were prosecuted between 2017 and 2023 under section 5(1) or section 5(3) of the Regulation of Railways Act 1889. The prosecutions were carried out by one of the following companies:
- TransPennine
- Northern Rail
- Avanti West Coast
- Greater Anglia
- Great Western Railway
- Merseyrail
- Arriva Rail North
The courts are contacting individuals affected by these unlawful prosecutions.
Reaching everyone can be challenging, as the cases cover several years and some people may have moved, so contact details on record could be out of date.
Anyone prosecuted by one of the involved rail companies between 2017 and 2024 for travelling without a valid ticket may be entitled to a refund and could also claim compensation.
Types of loss you can claim for
In addition to reimbursement for any direct financial loss resulting from the prosecution, you may be able to claim for other types of loss. For example, if you experienced distress or a worsening of pre-existing anxiety or depression, you may be entitled to compensation. Distress generally includes anxiety, upset, mental anguish, or sleepless nights caused by being subjected to a criminal sanction, though this list is not exhaustive.
Compensation may also be awarded for the unlawful retention of your personal data, or simply as a result of the unlawful prosecution itself. The amount awarded will depend on the extent to which you have suffered as a result of the prosecution.
You may also be able to recover other financial losses, such as loss of earnings, reputational damage, or loss of future income.
If you are unsure whether you can make a claim for any consequences arising from your prosecution, please contact us to discuss your situation
What our clients say
Breaches of your data protection rights
As a result of the prosecution, your personal data may be held unlawfully on various police databases. At the time of the incident, you were required to provide personal details to allow the prosecution to proceed. This information constitutes ‘personal data’, and the prosecuting authority is legally obliged to handle it appropriately. Since the prosecution has been deemed unlawful, it follows that the authority acted unlawfully in obtaining your personal data.
In addition, when a conviction is recorded, it is usually retained by the relevant police force, the court and the rail company. The conviction is also added to your Police National Computer (PNC) record a national database accessible to all police forces and other authorised agencies. A conviction on your PNC may have negative consequences, for example when applying for certain jobs or travelling abroad, as some authorities may require access to this information.
In summary, your personal data may be being retained unlawfully by multiple entities as a result of the unlawful prosecution.
Step 1
Get in touch using our contact forms or any details provided throughout the site.
Step 2
We will arrange a free consultation with you to discuss your claim.
Step 3
If you have a valid claim, we will accept your case on a No Win No Fee basis.
Our Group Actions team
The Express Group Actions team has years of experience supporting clients with data breach, data protection and cybercrime claims against large organisations. We have been part of the biggest group action settlement in England and Wales in respect of a data breach. We understand the harm and distress that can result when your personal information is not handled properly or has been compromised. We are committed to helping you secure the compensation you deserve.
Frequently Asked Questions
Why make a claim for unlawful retention of data? 
The unlawful retention of your personal data is a breach of data protection and human rights. Police and other agencies have a responsibility to remove any data that is not legally held.
Retaining such data can cause:
- Stress, worry and emotional distress.
- Financial or reputational harm.
- The appearance of criminal involvement, which can affect jobs, education, or travel.
Compensation may be available to cover losses and provide redress for the distress caused by the unlawful retention of your information.
How much will it cost me to make a data breach claim?
No upfront costs. Express Solicitors offer a no-win, no-fee service for cases with a reasonable prospect of success. Under this arrangement:
- You will not have to pay any fees if your case is unsuccessful.
- You will only pay a small percentage if you win and are awarded compensation.
What can I claim for?
You may be able to claim reimbursement for direct financial losses resulting from the prosecution. This can include:
- Loss of earnings, such as time off work due to the stress of the situation.
- Reputational harm that affects current or future employment opportunities.
- Future loss of income, for example, if a job offer was withdrawn because of the prosecution appearing on your record.
You may also be able to claim for other types of loss, including emotional distress. This can cover anxiety, depression, or general distress caused by the prosecution.
Our team can advise you on the specific types of losses you may be entitled to claim in your individual circumstances.
What should I do if I think my data has been breached?
The Information Commissioner’s Office (ICO), the UK’s independent data privacy regulator, can impose substantial fines on organisations that fail to comply with the Data Protection Act. Details of any breaches are published on the ICO website, allowing you to check whether you may have been affected.
If you become aware that a company has been fined by the ICO for a data breach and believe you may have been affected, you should seek legal advice promptly. Express Solicitors can assess whether you are entitled to claim compensation and, if appropriate, pursue your case on a no-win, no-fee basis.
Why choose Express Solicitors?
No matter how tricky the case, we treat every claim with the utmost care and empathy. Our mission? To get you the justice you deserve.
With our no win, no fee arrangements, you can pursue your claim without stressing over upfront costs or legal fees.
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So, why wait? Reach out today to kickstart your compensation claim and see how much you might be entitled to.
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