Railcard misuse is an increasingly enforced area of revenue protection. With the growth of digital ticketing and data analytics train operators are better placed than ever to identify passengers who are using railcards they are not entitled to.
What counts as railcard misuse? Common examples include using a 16 25 Railcard when you are over 25, using a Disabled Persons Railcard when you do not meet the eligibility criteria, using a Senior Railcard before you are 60, lending your railcard to another person, purchasing a railcard using falsified eligibility information or using a Two Together Railcard while not travelling with the named companion.
Is railcard misuse a criminal offence? Yes. Where a discounted ticket is purchased using a railcard to which the holder is not entitled the passenger has in effect travelled without a valid ticket for their journey. This can be prosecuted under the Regulation of Railways Act 1889 or the Railway Byelaws depending on the circumstances and the operator’s approach.
What about the Fraud Act 2006? In more serious cases, particularly where a railcard was obtained by providing false information, operators and prosecutors have the option of pursuing charges under the Fraud Act 2006. This is a more serious offence carrying a higher maximum sentence though it is relatively rare in straightforward railcard cases.
What should I do if I am accused of railcard misuse? Do not simply admit to misuse in writing without legal advice. The wording of any admission can affect both the charge brought and the prospects of an out of court resolution.
Accused of Railcard Misuse? Instruct Samir Moftah Today. Samir Moftah at Manak Solicitors handles railcard misuse cases regularly and understands how operators approach these allegations. Early legal advice gives you the best chance of resolving the matter without a criminal conviction. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
