LNER has several ways of dealing with passengers who are found to be travelling without a valid ticket, depending on the circumstances of the journey.
Unlike many operators, LNER does not operate a Penalty Fare scheme. If you are found to be travelling without a valid ticket, you may be required to purchase one at the full Standard or First Class single rate without a Railcard discount.
Those found to be travelling with an invalid ticket may be required to purchase a new ticket or pay an excess fare to make up the price difference between the correct ticket and the one they purchased.
If you are unable to purchase the ticket or pay an excess fare, the member of staff may issue you with an Unpaid Fare Notice (UFN).
Unlike a Penalty Fare, an Unpaid Fare Notice is not a fine or penalty. It simply requires you to pay the initial fare requested for your journey and must be paid within 28 days to avoid further costs. LNER also has a process for appealing Unpaid Fare Notices if you feel it has been issued incorrectly.
Where LNER suspects deliberate fare evasion, or has uncovered persistent instances of evasion, the issue can become more serious. The operator states that it may pursue criminal proceedings in instances where it believes fare evasion deliberately took place.
Depending on the nature of the incident, a prosecution could be brought under the Railway Byelaws or the Regulation of Railways Act 1889.
If the case proceeds to the Magistrates’ Court and results in a conviction, you could face a fine and other court-related costs. In the worst-case scenario, a conviction may also result in a criminal record, which could negatively impact your career, professional standing, or personal life.
However, a fare evasion investigation does not always end up in legal proceedings. Depending on circumstances, LNER may be open to resolving the matter through payment of outstanding fares and associated investigation costs rather than through prosecution.
Strong legal representation can help negotiate this process and reduce the chances of the matter escalating to court.
At Manak Solicitors, we can evaluate your case and take ownership of the communications with LNER. We aim to intervene as early as possible, putting your case forward to the operator and exploring every available avenue to resolve the dispute without court proceedings.