Man threatened with criminal record over train ticket issues update

An engineering graduate who was threatened with court action after he mistakenly used an invalid train ticket to travel on a Northern train has been told he faces no further action over his error.

Sam Williamson, 22, used his 16-25 Railcard for a journey between Broadbottom and Manchester a week ago only to be accused of fare evasion.

He was travelling to a DSA centre to take his driving theory test when he was told by Northern staff his ticket was not valid. But hard-nosed staff reportedly refused to let him make up the £1.90 difference and insisted on filing a penalty report.

Mr Williamson was then threatened with court action because he used an 'anytime' ticket at the wrong time - namely before 10am, when obscure Railcard rules mean tickets must cost at least £12 to qualify for the 33 per cent discount. 

But the self-confessed theme park obsessive took to social media this morning four days after first sharing his story online to reveal that he would be facing no further action over his error, writing: 'We did it!'

After his tweets garnered millions of views, however, he has used his platform to call for an overhaul of the rules on railway ticketing - some of which are older than railcards themselves and don't even mention them.

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Speaking to MailOnline today, Mr Williamson said he was pleased that Northern had come to the 'correct' conclusion - but that the victory was bittersweet.

'The vast majority of people agreed that was the correct response but it's in no small part because this case got an overwhelming amount of coverage,' he said.

He has called for the government to simplify the rules on train tickets - something the Department for Transport has vowed to do - but similarly says firms like Northern should show compassion towards people who have made an effort to pay their way.

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'There are more cases allegedly going to court on Monday with Northern and really these shouldn't be happening, especially over (using) a Railcard before 10am,' Mr Williamson added.

'Taking this to court is just totally disproportionate and I hope the government will take steps to stop them bringing cases like mine: accidents caused by these terms and conditions.

'I'm hoping they'll step in to stop this - especially as Northern is a publicly owned franchise.

'I would have bought the right ticket if someone had offered.'

After he shared his story, Bolton News journalist Jack Fifield found Northern had successfully prosecuted other young adults using their Railcards at the 'wrong' time over meagre train fares, costing people hundreds of pounds in court fees.

These include Cerys Piper, who was given a criminal record and a £462.80 fine because she applied a £1.60 discount to a £4.80 'anytime' ticket. 

To make matters worse, she bought the ticket from station staff who did not tell her the ticket would be invalid before 10am under the archaic rules.

Mr Williamson said he hoped other cases like his would now be reviewed.

'What is happening in these cases is not a just and proportionate response,' he added.

'I would hope that after looking at preventing this going forward, they can look at righting some of these wrongs from the past.' 

Northern had previously issued a hardline response to media enquiries about its approach to what it termed 'fare evasion' - even when people had sought to buy a ticket for their journey.

It had said: 'As with all train operators across the UK, everyone has a duty to buy a valid ticket or obtain a promise to pay voucher before they board the train and be able to present it to the conductor or revenue protection officer during a ticket inspection.

'The overwhelming majority of our customers – upwards of 96 per cent - do just that.'

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However, towards the end of the week, the firm softened its stance, telling MailOnline on Thursday: 'Tens of millions of passengers travel with us every year to destinations across the North of England and we are committed to providing them with the right tickets at the right prices.

'We will work with the industry and the Department for Transport with the aim to simplify ticketing for customers.'

It has been contacted for further comment. 

Mr Williamson had previously used his railcard for morning journeys in July and August, when the 10am rule did not apply, BBC News had reported.

The University of Oxford engineering graduate purchased the erroneous 'anytime' ticket on the Northern App.

He previously told MailOnline: 'It's amazing to see how many people have been caught by this. Northern Rail are one of the more rigorous ones when it comes to checking things.

'The fine is £150. It's hugely disproportionate compared to the difference between the ticket fair.'

He added: 'It's frustrating. This train line I had been using for most of my life. You used to be able to board the train and buy a ticket on it.

'I think there's an element of being a bit intimidated. I'm not trying to start a scene and cause trouble.

'It just feels unfair and a disproportionate response.' 

Holders of 16-25 railcards, which cost £30 for one year or £70 for three years, qualify for a third off rail travel.

The scheme was first launched as the 'student card' in 1974. 

But it comes with a few restrictions, including a £12 minimum fare for journeys starting before 10am.

Mr Williamson's ticket cost him only £3.95, therefore rendering his trip ineligible for the concession. 

He was not given the option to buy a new ticket or pay a penalty fare, and instead an incident report was filed.

Train operating companies have the power to privately prosecute passengers who pay the wrong fare, but can also choose to settle out of court or take no further action.

But taking out a criminal prosecution is an opportunity to squeeze a far larger fine out of customers than a tiny fare difference or the cost of a new ticket.

A DfT spokesperson said: 'Ticketing has become far too complicated, which is why we have committed to simplifying it for customers, as part of the biggest overhaul of our railways in a generation.

'We expect Northern to ensure their policy on ticketing is clear and fair for passengers at all times and have instructed the operator to review the details of these cases urgently.'

A spokeswoman for Rail Delivery Group said: 'We cannot comment on individual cases. However, all customers are required to have a valid ticket and if they are using a Railcard it's important to be aware of the conditions of travel that apply to their journeys.

'All staff involved in the issuing of penalty fares have discretion over the individual circumstances of the customer. There is a robust statutory appeals process for every penalty issued, which includes an independent final appeal stage to consider wider circumstances.'