- Chiltern Railways and Transport for Wales now franchise out prosecutions
- Private security firm in Kent called Transport Investigations takes up cases
Rail passengers are being threatened with court action for having the wrong tickets by undercover inspectors from a third party company employed by train operators, MailOnline can reveal.
Chiltern Railways and Transport for Wales are among those who now franchise out prosecutions to a private security company called Transport Investigations Ltd (TIL).
But the Campaign for Better Transport (CfBT) said such ‘deployment of undercover agency staff risks compromising the valuable bond of trust between staff and passengers’, adding that ticket inspectors ‘should have nothing to hide’.
While most train firms across Britain still have in-house prosecution departments, employees from the Ramsgate-based company have also previously worked on the Docklands Light Railway, Arriva CrossCountry and the now-defunct Virgin Trains.
Its workers often dress in tracksuits to look like ordinary people on board trains, so travellers do not realise who they are until they stand up and start asking for tickets.
However some passengers have told MailOnline the inspectors are unreasonable, aggressive and unfairly penalise them for not having the correct identification. They are also accused of sending aggressive and misspelt letters with threats of court action, and replying late at night to emails from people contesting the fines.
While TIL is not accused of doing anything illegal, their practices have come under the microscope at a time when passengers are bracing for a 4.9 per cent fare rise on National Rail regulated fares from this March amid further Aslef strikes on the way.
And a spokesman for the passenger watchdog London TravelWatch told MailOnline that it was important for rail operators to ‘ensure that all ticket inspectors carry the necessary identification that authorises them to issue the appropriate action.’
Michael Solomon Williams, from the CfBT, said today: ‘Ticket inspectors are needed to protect revenue but this deployment of undercover agency staff risks compromising the valuable bond of trust between staff and passengers.
‘With the railways currently in direct government control we are in the ludicrous situation where train operating companies have no incentive to ensure passengers aren’t dodging fares.
‘We need more ticket inspectors, but they should have nothing to hide.’
One passenger told MailOnline that they were aggressively threatened with a fine of £98.70 and then being taken to magistrates’ court by TIL over alleged fare evasion on a Chiltern service in August 2021 when she in fact had a fully paid-for ticket.
She was asked to provide her £136.60 weekly ticket by an undercover investigator named only as ‘T8248’.
The passenger showed this ticket, but had accidentally mislaid the accompanying photocard which is technically required to be carried with it– and the case was therefore passed onto the investigation team.
The accompanying photocard ID for a weekly ticket does not afford the carrier any discounted travel – it is simply proof that they are the person traveling.
The passenger later proved with alternative ID in the following weeks that she was the person who was travelling.
After MailOnline made representations to Chiltern on the passenger’s behalf, the fine was cancelled.
Another passenger revealed on the popular RailUK forum how their ordeal began after they bought a flexible season ticket from LNER for £130 which allowed travel from one station to another via any route and operator.
In July 2021, they were granted access at the station barriers but on board a CrossCountry train were told the card was invalid – and would either have to pay for a new ticket or be given a day access pass while their details were taken to investigate.
The passenger agreed to the latter – and one month later received a letter from a TIL who asked for ‘mitigation’ of claim that they had travelled with an invalid ticket.
They replied with screenshots of their smartcard, photocard and an image from the ticket manager app showing they had an activated flexi season ticket.
But three weeks later they heard from a ‘company prosecutor’ who said this was inadequate and they would taken the case to court – with a possible sentence of a fine of up to £1,000 or up to three months in prison.
They said the emails were intimating and invoked anxiety, adding that they all were all sent either late at night or on weekends and the tone was ‘unprofessional, emotionally manipulative and intimidating’.
A back-and-forth followed with TIL before they finally got another email stating the case was closed because it was a technical error.
Solicitors firm Gray Hooper Holt, based in Haywards Heath, West Sussex, is among the companies that has taken on cases for passengers contesting fines from TIL.
In one case, it said a young man was reported by Chiltern staff for consideration for prosecution after he was found with ‘short tickets’ – when you pay for a shorter journey than you have done – at London Marylebone station.
He then received a pre-court action letter from TIL, but asked the legal firm for help. They wrote to the company and the case was closed within a week.
In a second case, a teacher travelling on Chiltern Railways was summonsed to attend court for fare evasion by TIL, having made many attempts over months to get an ‘administrative disposal’ which involves paying a fine.
But TIL rebuffed the woman and carried on with its prosecution plans, which she believed could result in her losing her job.
Her first court hearing was due in less than a week when she contacted Gray Hooper Holt, which then filed a not guilty plea and convinced TIL to halt the prosecution and come to an out-of-court settlement.
A third case saw a financial advisor in a hurry to keep an appointment in London, who boarded a CrossCountry service with a ticket covering the first part of his journey.
He intended to buy the second part while on board the train, but a revenue officer claimed he was trying to avoid paying his fare – and he was reported to TIL.
The man tried to convince TIL to accept that his intentions were honest, but TIL said it was his responsibility to ensure that he had a valid ticket for his entire journey before boarding the train under the Regulation of Railways Act 1889.
The man then instructed Gray Hooper Holt and it came to an informal agreement with TIL before a criminal court summons had been raised – which could have then been revealed by an enhanced Disclosure and Barring Service (DBS) check.
TIL describes itself as the ‘leading provider of revenue protection teams, supported by a self-funding private prosecution service’.
The firm says rail operators can reduce fare evasion and generate revenue by ‘utilising this cost-effective integrated service, supplied by the experts in the field’.
It adds that its ’emphasis is on educating and changing passenger behaviour, ensuring an appropriate balance is struck between enforcement and fairness’.
The company also notes the negative PR associated with ticket inspectors, saying that utilising a third party can enable a train operator to ‘keep a positive emphasis on its brand’.
It supplies workers as an ‘extra resource or on a managed service contract’, which it says enables clients to ‘target fare evasion when and how they wish, without year-round overheads’.
The firm also has a ‘specialised fare recovery and prosecutions department’ to process unpaid fare notices and fare evasion reports, as well as carrying out private prosecutions – which it again says ‘can allow this activity to be separated from the client’s brand’.
It adds: ‘Utilising our gateline staffing teams can lead to a marked improvement in both customer service and fare collection. Our model enables us to provide fresh and proactive staff in a role where in-house staff sometimes feel de-motivated and helpless.’
Its managing director is Richard Malins, who celebrates his 79th birthday this month and has nearly 50 years of railway experience, 30 of which were with British Rail.
Mr Malins joined British Rail as a graduate trainee in York in 1966, before working in management in Broxbourne, West Wales, Exeter, Nottingham and London.
He then went into consultancy and worked for London Transport, now Transport for London (TfL), before establishing TIL in November 1996.
Chiltern Railways is understood to operate an in-house ‘revenue protection’ team, but TIL assists it on investigation, settlements and prosecution should cases reach that point.
A spokesman for Chiltern Railways told MailOnline: ‘Transport Investigations Ltd conduct investigations on behalf of Chiltern Railways following reports of ticketless travel.
‘We know that the vast majority of our customers pay the correct fare, but the actions of a small minority means that there’s less money available for investment to improve the railway for everyone.
‘We will take action against people who travel without a ticket and not hesitate in moving towards prosecution if necessary. On occasion, during investigations, mitigations and further evidence are presented.
‘These are considered with due care on a case-by-case basis. Many train operators, including Chiltern, still receive subsidies from the taxpayer via government.
‘We have a responsibility to make sure that everyone pays for the service they use, as money currently lost from the system can be used to help fund improvements for our current and future customers.’
A spokeswoman for CrossCountry told MailOnline that its revenue protection team had confirmed they do not currently use TIL ‘in any aspect of our revenue protection activities on the CrossCountry network’.
Transport for London (TfL) also confirmed to MailOnline that there are no TIL workers across its network.
In addition, MailOnline has contacted Transport for Wales, the Rail Delivery Group and TIL for comment.
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