Railcards are often billed as a great way to save money on train tickets, offering passengers a third off most fares and ticket types across the National Rail network.
But those who purchase the wrong ticket for use with their Railcard can find themselves hit with a fine – or worse, a criminal conviction on their record.
Some Railcards such as the 16-25 and 26-30 only give a discount on Anytime tickets used before 10am on weekdays when the fare costs £12 or more.
And train company Northern has been accused of exploiting rules on peak time train fares to take young passengers to court if they make a mistake on this.
After even the Department for Transport admitted that ticketing has ‘become far too complicated’, MailOnline looks at the rules around using Railcards:
A 16-25 Railcard costs £30 for a one-year pass or £70 for a three-year option (file photograph)
What is a Railcard?
A Railcard is a pass that can be purchased for a third off most fares and ticket types across the National Rail network.
What types of Railcards are available?
There are nine types of Railcards as follows: 16-17 Saver; 16-25 Railcard; 26-30 Railcard; Disabled Persons Railcard; Family & Friends Railcard; Network Railcard; Senior Railcard; Two Together Railcard and Veterans Railcard.
How much does a Railcard cost?
The cost depends on the type of Railcard and its validity period. All one-year Railcards are £30 apart from the Disabled Persons Railcard which is £20.
You can also buy a three-year Railcard for the 16-25, Disabled Persons, Family & Friends, Senior and Veterans options. All of these are £70 apart from the Disabled Persons which is £54.
When can you use a Railcard?
There are different restrictions on when you someone can use their Railcard, and a minimum fare applies at certain times.
For example, the 16-25 Railcard and 26-30 Railcard have a minimum fare of £12 from 4.30am until 10am Monday to Friday.
This means the discount cannot be applied on tickets below this cost within that time period.
However, the minimum fare does not apply to Advance tickets; journeys on public holidays; or journeys during July and August.
As for the separate Network Railcard, the discount can only be used on services leaving at or after 10am Monday to Friday, excluding public holidays. It can be used at any time on weekends.
In addition, discounts apply to services in the Network Railcard area only – click here for the map – and a minimum fare also applies to all journeys Monday to Friday, excluding public holidays, which is £13.
The Senior Railcard conditions state that discounts are not available on tickets for travel on morning peak services for journeys that start and end within the London and South East area – defined by the same map in the link above – on Monday to Friday, except on public holidays.
The time when off-peak services start can vary by station.
Sam Williamson, 22, used a 16-25 Railcard for a journey between Broadbottom and Manchester only to be accused of fare evasion despite paying just £1.90 less than he should have done
What if you forget your Railcard?
If you are unable to show a Railcard, you might be either required to buy a new ticket or you be liable for a penalty fare, depending on the train company.
However, the Railcard website states that a train company will ‘normally allow you to claim back this extra expense on the first occasion in each year where this happens’.
It says you will ‘need to provide proof of your Railcard and either the original and additional tickets that you have purchased, or if you have not yet paid, details of the notice to pay or notice of penalty fare’.
The website adds: ‘Where you have already paid for additional tickets you should contact the relevant train company’s customer services department; in the case of a notice to pay or notice of penalty fare, you should follow the instructions included on how to challenge or appeal the charge.’
Can you buy a ticket on the train with a Railcard?
You are only allowed to buy a ticket on from onboard train staff if there is no ticket office at the station where you began your journey, or if the ticket office is closed and there is no ticket machine available to buy your discounted ticket.
Otherwise, if ticket facilities were available at the station, you could be charged the full price standard single fare – or be liable for a penalty fare.
Under what law can the Railcard rules be enforced?
Train companies have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the conditions of a Railcard.
Fare evasion is often prosecuted under Section 5(3) of the Regulation of Railways Act 1889, relating to ‘intentionally travelling on the railway without having paid the fare’.
Another option is Railway Bye Law 18(1) & 17(1) which covers ‘entering a train for the purpose of travel without a valid ticket’.
What can a train firm do if you have the wrong ticket?
A train operator can take one of three measures if someone is travelling without a valid ticket.
These area to 1) charge you the full undiscounted Anytime Single fare to a station directly served by the train that you are on; 2) to charge you a Penalty Fare on certain trains and stations; or 3) to report you for prosecution.
Northern Rail have been accused of heavy-handed tactics for minor mistakes by passengers
Do you have to provide your name and address?
If you are unable to present a valid ticket or to pay a fare when requested, you will be required to provide your name and address so that the matter can be followed up.
National Rail conditions say that it is an offence under the Railway Byelaws to fail to provide your name and address when requested.
What are your appeal rights if you get a penalty fare?
If you think you should not have been given a penalty fare, you can appeal to an appeals body which is independent of and separate from the transport provider.
Passengers in England, Wales and Scotland must go to Penalty Services Ltd to raise an appeal within 21 days beginning the day after the notice was issued.
Some transport operators issue unpaid fares notices instead of penalty fares schemes, which is the standard single fare available at the time of travel without a Railcard discount.
You can appeal this in writing within a specified period on the notice which is usually within ten days.
London TravelWatch advises people to pay the unpaid fares notice as soon as possible to avoid any administration charges and then deal with the appeal separately.
The group adds that where a train firm believes that you have deliberately evaded paying your fare, refused to accept the penalty fare, or do not have the means to pay the single fare, they may decide to start the prosecution process.
What if you miss a train on an advance ticket?
If you have an advance ticket but miss a service because a previous connecting train service was delayed, the National Rail conditions state that ‘you will be able to travel on the next train service provided by the train company with whom you were booked without penalty’.
What about Off Peak or Super Off Peak tickets?
The National Rail conditions have a section for anyone using a time-restricted Off Peak or Super Off Peak that is correctly dated but invalid for the service on which they are travelling; or are using a route for which their ticket is not valid; or break their journey when they are not permitted to do so.
They state that those within this section ‘will be charged the difference between the fare that you have paid and the lowest price ticket that is valid for the train you are using’.
Digital Railcards can be downloaded onto an app available for Apple or Android devices (file)
Will you get a criminal record for fare evasion?
If you plead guilty to fare evasion at court or are found guilty after a trial, this will be a criminal conviction and therefore on your criminal record.
A conviction would also appear on any checks undertaken by the Disclosure and Disbarring Service (DBS) when applying for a job or volunteer role.
The conviction may also have to be disclosed on some visa or immigration applications.
What about fare evasion convictions declared void?
In August, it was revealed that tens of thousands of passengers who were prosecuted and fined for fare evasion are set to be refunded after a judge ruled that their convictions were void.
Seven train companies including Northern Rail and Greater Anglia could face paying out millions of pounds to people who they privately prosecuted for travelling without a ticket under the controversial single justice procedure (SJP), despite not being permitted to do so.
In a ruling on August 15 at Westminster Magistrates Court, Chief Magistrate Paul Goldspring said six ‘test cases’ should be declared ‘void’, adding that the cases of thousands of other cases would be dealt with in the same way over the coming months.
The judge said the Courts Service, the Department for Transport and the train operating companies would work to identify those affected, and that ‘a team will be put in place to begin the work of recovering the money paid and refund the money to individuals’ by November.
Why have Railcards been in the news recently?
A huge row erupted last week after an engineering graduate was threatened with court action after he mistakenly used an invalid train ticket to travel on a Northern train.
Sam Williamson, 22, used his 16-25 Railcard for a journey between Broadbottom and Manchester only to be accused of fare evasion.
This was because he used an ‘Anytime’ ticket at the wrong time – namely before 10am, when Railcard rules mean tickets must cost at least £12 to qualify for the third-off discount.
Staff refused to let him make up the £1.90 difference and insisted on filing a penalty report. But Northern have since confirmed he will be facing no further action.
A Northern spokesperson said: ‘We understand that fares and ticketing across the railway can, at times, be difficult to understand, and we are reviewing our processes for ensuring compliance with ticket and railcard terms and conditions.
‘With regard to recent reported cases involving use of the 16-25 Railcard with fares under £12 before 10am, we are withdrawing any live cases and will also look to review anyone who has been prosecuted previously on this specific issue.
‘We are actively engaged with government and industry to simplify fares to help customers.’