Need advice, just got letter from court after got caught in tube

[Guest funkygrunch]

Hi everyone,

 

I have read many threads about fare evasion here since I got caught in tube using my friend's student photocard last year.

 

Here's my situation

 

In August last year, I just arrived in UK for studying. My friend offer me a card to travel around, without knowing enough,

I've used it for 2 times before get caught by inspector at Liverpool St. station. They asked me to show the card I used and take my details. They said that there will be a prosecution, even I asked them to pay a penalty fare at that time.

 

And then 4-5 months passed, nothing happened.

 

2-3 days ago, I've just got a letter from Courts, with a title of 'Further steps notice'.

It shows that I've to pay a fine £485 in 10 days or they will take further action.

 

I do accept my mistake, but with that amount of money, it's too harsh for a student.

 

Can anybody give me an advice please?

 

Thanks

[Old-CodJA]

this seems very unusual to me. Where is the letter you have received come from?

 

Are you sure that it is from a Court and if so, exactly what does it say?

 

Blank out any details that you can be identified by and post the exact text please. Once we know what you are dealing with we may be able help

[Guest funkygrunch]

Thanks for your help, Old-CodJA

 

Here's the letter:

 

 

London South West and West Courts

London Collection and Compliance Centre PO Box 31089 London SW1P 3WP

Payments 0300 790 9901 ww.direct.gov.uk/payacourtfine

Information 24/7 020 7556 8500 websiteAP31714

 

 

Division:......

Account number:.........

 

 

My details

 

 

Further steps notice

 

The amount you owe is £485.

 

As you have failed to make payment as directed, you are hereby given notice

that one or more of the following steps liested below will be taken against you:

 

-Issue a Warrant of distress for the purpose of levying the sum due.

-Register the account in the Register of Judgements, Orders and Fines, which

could restrict future credit options available to you and make it difficult to

get loans, mortgages and credit cards.

-Make an Attachment of Earnings Order (for deduction to b made from your salary)

or an application for benefit deductions (for deductions made from your benefit).

-Make a vehicle clamping order.

-Refer your case to court, which may decide to increase your fine by 50%, take

further action or commit you to prison.

-Take any further steps as permitted under provisions of fine collection regulations

which apply to other enforcement power of a magistrates'court.

 

Payment in full, within 10 working days of this notic will cancel any further action.

Please contact this office immediately if you cannot pay as directed.

 

Appeal

You have a right to appeal to the Court against the Fines Officer's decision.

Such appeal must be made in writing, stating the reasons for your appeal and supported

by any written evidence you have. It must be received by this office, at the above address,

within 10 working days from the date of this notice.

 

Please mark all correspondence for the attention of the Fines Officer.

[Old-CodJA]

Thanks for your help, Old-CodJA

 

Here's the letter:

 

 

London South West and West Courts

London Collection and Compliance Centre PO Box 31089 London SW1P 3WP

Payments 0300 790 9901 ww.direct.gov.uk/payacourtfine

Information 24/7 020 7556 8500 websiteAP31714

 

 

Division:......

Account number:.........

 

 

My details

 

 

Further steps notice

 

The amount you owe is £485.

 

As you have failed to make payment as directed, you are hereby given notice

that one or more of the following steps liested below will be taken against you:

 

-Issue a Warrant of distress for the purpose of levying the sum due.

-Register the account in the Register of Judgements, Orders and Fines, which

could restrict future credit options available to you and make it difficult to

get loans, mortgages and credit cards.

-Make an Attachment of Earnings Order (for deduction to b made from your salary)

or an application for benefit deductions (for deductions made from your benefit).

-Make a vehicle clamping order.

-Refer your case to court, which may decide to increase your fine by 50%, take

further action or commit you to prison.

-Take any further steps as permitted under provisions of fine collection regulations

which apply to other enforcement power of a magistrates'court.

 

Payment in full, within 10 working days of this notic will cancel any further action.

Please contact this office immediately if you cannot pay as directed.

 

Appeal

You have a right to appeal to the Court against the Fines Officer's decision.

Such appeal must be made in writing, stating the reasons for your appeal and supported

by any written evidence you have. It must be received by this office, at the above address,

within 10 working days from the date of this notice.

 

Please mark all correspondence for the attention of the Fines Officer.

 

This appears to be a case that has already gone before the Court and a fine imposed

 

You MUST contact the Court office as directed very quickly.

[Guest funkygrunch]

Thanks,

 

By the way, How did this happened? They never asked me to explain or gave me a notice before?

 

Will I get a criminal record for this?

[glider3560]

Thanks,

 

By the way, How did this happened? They never asked me to explain or gave me a notice before?

 

Will I get a criminal record for this?

It sounds very much like you have been convicted of something in your absence. Without knowing what offence, it is not possible to say whether you will get a criminal record or not. Contact the court immediately and tell them the situation. They may offer a retrial or they may not.

[talktoibbu]

It sounds very much like you have been convicted of something in your absence. Without knowing what offence, it is not possible to say whether you will get a criminal record or not. Contact the court immediately and tell them the situation. They may offer a retrial or they may not.

 

 

Hi funkygrunch,

 

I have recieved a similar letter like yours.

 

Can you please update what happend with your case

 

I am really worried

 

Thanks

[firstclassx]

If you've received that letter then you've been convicted of a criminal offence.

 

You need to go to the Magistrate's Court responsible and ask to make a Statutory declaration stating that you were unaware proceedings had commenced. It is a further offence to make an untrue declaration, i.e. you ignored/didn't open a letter that the court/TfL had sent out summonsing you to court.

 

That said, I suspect you'd still have to plead guilty, (and be convicted), so all it will do is probably reduce the fine.

 

If convicted of a Byelaw offence then you will still get a criminal record, but it will only show on an Enhanced Disclosure.

If convicted of a Regulation of Railway offence then the offence will show on a basic disclosure.

[Old-CodJA]

Hi funkygrunch,

 

I have recieved a similar letter like yours.

 

Can you please update what happend with your case

 

I am really worried

 

Thanks

 

 

 

Whilst firstclassx may well be right, it might be a good idea to post the general text of your letter so that we can be sure of what you have received. Make sure that you don't leave in any personal details.

 

I have often heard people say I got the same letter, or my case is the same as Xs', but the reality turns out to be pretty different.

 

For example, have you had any other letters at all?

[strangershrestha]

hi everyone,

i have just received a same letter a funckygrunch. and tomorrow is th 10th day to either appeal / pay £539.

can any of you ca help me out with an appeal letter and can you share what was did u did about it and what was the result.

need help..anyone please.

[honeybee13]

Hello and welcome to CAG.

 

Please type up what the letter says so the guys can help you. Leave out personal details.

 

My best, HB

[strangershrestha]

Thank you honeybee13,

 

Here's the letter:

 

 

London South east south and central Courts

London Collection and Compliance Centre PO Box 31089 London SW1P 3WQ

Payments 0300 790 9901 ww.direct.gov.uk/payacourtfine

Information 020 7556 8500 ww.cao.latesinfo.co.uk[/url] AP31714

 

 

Division:......

Account number:.........

DOB.......

 

My details

 

 

Further steps notice

 

The amount you owe is £539.

 

As you have failed to make payment as directed, you are hereby given notice

that one or more of the following steps liested below will be taken against you:

 

-Issue a Warrant of distress for the purpose of levying the sum due.

-Register the account in the Register of Judgements, Orders and Fines, which

could restrict future credit options available to you and make it difficult to

get loans, mortgages and credit cards.

-Make an Attachment of Earnings Order (for deduction to b made from your salary)

or an application for benefit deductions (for deductions made from your benefit).

-Make a vehicle clamping order.

-Refer your case to court, which may decide to increase your fine by 50%, take

further action or commit you to prison.

-Take any further steps as permitted under provisions of fine collection regulations

which apply to other enforcement power of a magistrates'court.

 

Payment in full, within 10 working days of this notic will cancel any further action.

Please contact this office immediately if you cannot pay as directed.

 

Appeal

You have a right to appeal to the Court against the Fines Officer's decision.

Such appeal must be made in writing, stating the reasons for your appeal and supported

by any written evidence you have. It must be received by this office, at the above address,

within 10 working days from the date of this notice.

 

Please mark all correspondence for the attention of the Fines Officer.

 

date......

 

 

I have to reply them today, i would be kind if any one could help me out.

Thank you.

[honeybee13]

Thank you for that.

 

Did you have any other correspondence about this please?

 

HB

[strangershrestha]

No, this is my first correspondence letter.

[honeybee13]

OK, I think you need to ring the court today to get this sorted before it escalates. Have a read of this thread, especially post #2.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?355679-Letter-says-I-was-convicted-in-my-absence-what-can-I-do-%281-Viewing%29-nbsp

 

HB

[honeybee13]

Hello strangershrestha, how did you get on today?

 

HB

[strangershrestha]

Hi HB,

Sorry for the late reply.

well, i called them and discussed, they were not reducing any amount. Honestly,i don't that amount of money to pay as i am a student here with 20hr work/week.

they first gave me an option of paying £30 a month, which i couldn't pay so have proceeded my case fr a hearing on min july.

i have got no choice but to face the magistrate and try to convince him that i can't pay that big amount.

let's see what fate has for me. finger's crossed!!! and really streessed!!!

[Grotesque]

...£7.50 pw?

[strangershrestha]

They tried to do it monthly. i.e. £30/month.

[Grotesque]

Thanks for DOING THE MATH , Copernicus. Aint you the big brain cell today.

[OwenW]

I should like advice on how to deal with a similar letter, addressed to my daughter, who is overseas. This letter demanded £255 but did not state what it was for, which Court had issued the fine etc.

When I telephoned to ask for details I was told none could be supplied for 'data protection' reasons. I found this odd as all Court proceedings take place in public, the press may report them and they are a matter of public record (as a former Probation Officer, I have sat through innumerable Court proceedings and I know they are not private).

A previous reply to this forum suggested that the person should promptly contact the Magistrates Court concerned and make a statutory declaration that the person was unaware that legal proceedings had been commenced. But how can that be done if the London Collection & Compliance Centre will give no details as to when and where the proceedings took place?

I have contacted my daughter by telephone and she has confirmed that she has received no letter at any time relating to Court proceedings. All I have been able to discover (from the LC&CO) is that the matter dates from 2009. She has been using my address for all UK matters (HMRC, banks etc) since 2010 and in the last four years, no letters of any sort have been received from any Court or from any fines office before the one that arrived today. I have sent a letter today, to the LC&CO, explaining all this but I doubt they will take any notice of a letter from a third party.

[firstclassx]

Unfortunately if your daughter is over 18, it really is her problem to sort out.

 

She could instruct a solicitor to do the statutory declaration for her, at a cost.

 

Unfortunately, if she did commit a ticket offence, it is probably best to leave it now. The fine is relatively low and all that would happen is she would be re-convicted on retrial.

 

A ticket offence could be as simple as getting on a train without a ticket, even if she intended to pay on board.

[OwenW]

Thank you, but the problem is that she is in Latin America (where postal services are slow or non existent), so I cannot send her the letter from LC&CO. I would willingly pay the fine if I knew what it was for, but I do not know whether it is, for example a parking fine where might be excess charges that could be contested. It is the simple inability to find out what offence, which Court, what date, means I cannot determine whether it was for an absolute offence, or whether for an allegation for which there might be a defence. It is perfectly possible the fine could be for someone else who gave a false name and address (from my professional career I am well aware that Criminal Records frequently have incorrect information). But nothing whatsoever can be done unless I can get a copy of the original conviction. I can't even write to the Clerk to the Court, as I don't know which Court. I am at a loss to know how details of a public Court proceeding can be withheld on 'data protection' grounds.

 

There is a clear defect in the system in that the letter from the LC&CO makes no reference to the original alleged offence but presumes the recipient must know to what the letter refers. It states that she has 'failed to make a payment as directed' when there is no evidence (in the form of an earlier letter) that she has ever been directed to do anything.

[firstclassx]

You can do a Disclosure Scotland criminal record check with her name, so long as she provides you with the relevant documentation. The fee is £25 and will cover all recordable offences committed in the United Kingdom (not just Scotland).

 

http://www.disclosurescotland.co.uk/apply-online/

 

If nothing shows up, it will be the Byelaw (strict liability/absolute offence) which was used.

 

TfL usually prosecute fare evasion or irregularities under Section 5 - Regulation of Railways Act 1889, which is recordable.