The Consequences of Using Someone Else’s Railcard: What You Need to Know in 2025

The Consequences of Using Someone Else’s Railcard: What You Need to Know in 2025

Using someone else’s Railcard to save money on train travel may feel like a small shortcut, but it is considered a serious offence under UK railway laws. Train companies have strict rules about Railcard use, and misuse can lead to penalty fares, prosecution, and even a criminal record.

In this guide, will explain:

• Why using another person’s Railcard is illegal.

• What happens if you are caught.

• The legal penalties for Railcard misuse.

• Steps to take if you receive a warning or prosecution letter.

• How to avoid a criminal conviction for fare evasion in the UK.

What Is Railcard Misuse?

A Railcard is a personal discount card issued to eligible travellers (such as students, over-60s, or disabled passengers) and cannot legally be shared. Misuse includes:

• Travelling with a discounted ticket purchased using someone else’s Railcard.

• Presenting a Railcard at ticket inspection that does not belong to you.

• Using a Railcard that you are not eligible for (e.g., an over-60 card when underage).

UK train companies view this as fare evasion or fraud, and enforcement officers are trained to spot it during routine inspections.

What Happens If You Are Caught Using Someone Else’s Railcard?

If a revenue protection officer stops you and finds you are travelling with a discounted ticket obtained through Railcard misuse, the following can happen:

On-the-spot Penalty Fare

As of March 2024, the penalty fare for fare evasion increased to £100 (or £50 if paid within 21 days).

Investigation Letter

In more serious cases, your details will be taken and you will receive a letter from the train operator asking you to explain your actions.

Prosecution

If the train company decides to take legal action, you could be charged under:

• Railway Byelaw 18 (travelling without a valid ticket).

• Section 5(3)(a) of the Regulation of Railways Act 1889 (intent to avoid paying the correct fare).

If found guilty, you face:

• A fine of up to £1,000.

• Court costs and compensation.

• A criminal record that could impact future job applications, travel visas, and more.

Railcard Misuse Enforcement: Key Figures for 2025

• In 2024, UK train companies issued over 41,000 penalty fares for fare evasion.

• 7,800 prosecutions involved the misuse of Railcards and other discount schemes.

• Fare evasion cost the rail industry an estimated £240 million last year.

• Increased investment in digital ticketing technology means enforcement is stricter than ever.

What Should You Do If You Receive a Railcard Misuse Letter?

If you receive a fare evasion warning or prosecution letter, act quickly. These letters typically give you 10 days to respond.

• Seek Expert Legal Advice: Contact a solicitor experienced in fare evasion cases to draft a strong response and negotiate an out-of-court settlement where possible.

• Respond Within the Deadline: Failure to reply can result in immediate prosecution.

• Be Honest and Provide Evidence: If it was an honest mistake, provide supporting documentation.

Can You Avoid Prosecution for Railcard Misuse?

Yes, in some cases you may be able to settle the matter without going to court by:

• Paying the unpaid fare and an administrative fee.

• Demonstrating mitigating circumstances (such as a genuine mistake).

Train operators are more likely to consider settlement options for first-time offenders.

Data Protection and Railcard Investigations

UK train companies must comply with GDPR when investigating Railcard misuse. They can only use your personal data for enforcement purposes and must store it securely.

If you are concerned about your data rights, you can submit a Subject Access Request (SAR) to see what information is held about you.

Frequently Asked Questions

What happens if I lend my Railcard to a friend?

This is against the terms of use. If your friend is caught, they may face penalties, and your Railcard could be confiscated or cancelled.

Will I get a criminal record?

If prosecuted under Section 5 of the Regulation of Railways Act 1889 and found guilty, yes.

Can I appeal a penalty fare?

Yes, you can appeal if you believe the penalty was issued in error. However, appeals are rarely successful unless strong evidence is provided.

Don’t Risk It – Get Expert Help Today

Misusing someone else’s Railcard might save a few pounds, but the potential legal and financial consequences far outweigh the benefits. With enforcement on the rise in 2025, it is more important than ever to travel with a valid ticket and Railcard.

If you’ve been caught or received a letter, contact Makwana Solicitors immediately to protect your rights and avoid a criminal record.

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