Fare dodging coming back to haunt me - advice please

[tognut86]

Hello,

 

Back in February 2012 I got caught on the tube having not swiped my Oyster card.

 

I will give you a rundown of what has happened as succinctly as possible.

 

25th Feb 2012 - Get caught hopping tube. Personal details taken.

 

13th March 2012 - Letter received from prosecutions department stating they may take legal action. I responded to the letter as requested, acknowledging receipt.

 

Early June - I leave London and don't return for over a year, Probably having forgotten about the fine or assuming they've dropped it since some months have passed. The letters which come after this date, I found just a few days ago.

 

12th June 2012 - Court summons sent to address for 22nd September 2012. I received this only a few days ago having visited the house for the first time in over a year.

 

22nd August 2012 - Notice of fine (total £545) and collection order, threats of further enforcement etc.

 

20th September 2012 - "Further steps notice" - Fine remains £545.

 

12th February 2013 - FINAL WARNING NOTICE - Fine £845. Possibility of issuing warrant for arrest on sight.

 

 

I was quite surprised to find this aggressive little bundle from the past. I'm not quite sure what to do. The last correspondence was in February, over 6 months ago. Does this suggest that they have forgotten about it, or is that highly unlikely? Am I going to one day find another letter or policeman tapping at my door?

 

I was thinking of writing a letter of appeal explaining that I have only just received the notices. I don't know how sympathetic a hearing I will receive. £845 is a sum which I can't afford as a student. I do have some evidence of my being abroad for over a year, as well as medical evidence that during the period in which the whole saga happened, I was suffering from depression (affecting my judgement). Is this likely to help my case?

 

Any advice you could give would be greatly appreciated.

 

Thanks.

[honeybee13]

Hello and welcome to CAG.

 

It sounds as if the case was heard in your absence and they found against you. Please don't ignore this.

 

Someone will confirm my understanding, I hope. You can contact/go the relevant court and tell them that you didn't receive the summons. Then you need to sign a statutory declaration either free at the court or for a small fee with a lawyer.

 

Once they receive that, the clock will be set back to before the summons was issued. The train company then have the option to reissue the summons.

 

I think I've got this right, thought it would help you have a bit of information because the forum regulars don't seem to be around yet.

 

My best, HB

[tognut86]

Thanks for your advice Honeybee13.

 

Yes, if someone could clarify Honeybee's information or offer some further insights, it would be great.

[timbo58]

I hope this helps clarify:

Everything from 22nd August onwards is a result of the court action, the amount rising in expense may well be that a private debt collection agency have become involved also.

This would mean the amount can only rise.

The fact you've heard nothing for 6 months might mean this amount hasn't altered, although that is unlikely if a private company is handling it.

 

It is however a court ordered the fine and this means it's enforceable and you should not ignore it.

Contact them straightaway informing them you have been away and would like to deal with it.

[tognut86]

I hope this helps clarify:

Everything from 22nd August onwards is a result of the court action, the amount rising in expense may well be that a private debt collection agency have become involved also.

This would mean the amount can only rise.

The fact you've heard nothing for 6 months might mean this amount hasn't altered, although that is unlikely if a private company is handling it.

 

It is however a court ordered the fine and this means it's enforceable and you should not ignore it.

Contact them straightaway informing them you have been away and would like to deal with it.

 

Thanks.

 

Should I contact TFL or the court?

 

Also, considering the circumstances is it likely I will be able to get the fine reduced?

[renegadeimp]

Contact the court. Also it is very unlikely the fine and costs will be reduced.

[timbo58]

As above really.

You have nothing to lose by asking however.

[tognut86]

I guess it's time to bite the bullet.

 

The thing is, as a student I don't have much surplus money at the end of the month. Are there schemes for gradual payment and how low do they go?

 

 

By not having shown up at court, do I have a criminal record now?

 

Also, what would have happened if I had never found those letters?

 

Is there no way that the court will consider the fact that I didn't receive the notifications?

 

Thanks again for all your help.

[honeybee13]

I guess it's time to bite the bullet.

 

Definitely.

 

The thing is, as a student I don't have much surplus money at the end of the month. Are there schemes for gradual payment and how low do they go?

 

I'm not sure there are, sorry.

 

By not having shown up at court, do I have a criminal record now?

 

I think you may well do, but if you file a Stat Dec, the process will start again. You could still be found guilty at court next time around though.

 

Also, what would have happened if I had never found those letters?

 

They'd be looking for you as per the letter you had in Feb 2013.

 

Is there no way that the court will consider the fact that I didn't receive the notifications?

 

Yes, if they receive a Stat Dec saying that. You could still be called to court again to explain yourself though.

 

Thanks again for all your help.

 

Hello again.

 

I've typed in my understanding of the answers to the questions you've asked. Please don't think this will go away, I don't think it will.

 

It's unfortunate that you didn't mention in March last year that you were leaving the country for a year because this has contributed to the problem. Surely you must have known at the time that it was happening?

 

They aren't going to forget this I'm afraid, we've seen people here who TOCs have caught up with years later. Hopefully you will have other replies over today and the weekend that will convince you that you need to meet the problem head on.

 

I'm sorry if this is unwelcome news to you.

 

HB

[tognut86]

It's clear that this won't go away, so I thank you for your sound advice.

 

Any advice on how I should compile the Stat Dec and what information I ought to include?

[honeybee13]

You don't compile a Stat Dec, it needs to be a solicitor or I believe you can go to the court to swear one.

 

I can't remember if it has to be the court where the case was heard, hopefully someone will be along to add a bit more to what I've said.

 

HB

[tognut86]

Thanks. So the first step would be to get in touch with the court and explain the situation?

[honeybee13]

Thanks. So the first step would be to get in touch with the court and explain the situation?

 

Yes.

 

HB

[tognut86]

How does this look for a letter? Sorry if you feel you are having to spoon feed, just want to get this right. Not really sure how to go about mentioning the Stat Dec. Any advice would be appreciated....

 

 

To whom it may concern,

I am writing with regards to a court summons (Case Ref: ********) to attend a hearing on **** which was sent to ********** on *****

The charge was fare evasion on the London Underground on 25/02/2012.

Having returned to London and this address last week for the first time since early June 2012, I found the summons in addition to: a notice of fine and collection order, dated ****; a further steps notice, dated ****; a final warning notice from Collectica Enforcement Services, dated ****.

 

Prior to this, I had not seen any of these letters as I had moved out of this residence before receiving them, spending the academic year 2012/2013 studying abroad.

 

Attached to the summons was the initial correspondence between myself and the London Underground prosecutions department which I signed and posted to them on *****, acknowledging receipt.

 

I understand now the gravity of this situation and must give my sincerest apologies for the inconvenience that I may have caused. I would also very much like to rectify the situation. I think that I misjudged the timescale of the process and assumed that TFL had dropped the matter when I left in early June 2012, having not heard from them in over 2 months. I now know that this judgement was naïve and I should have kept track of any mail coming to that house or informed them of my change of address.

 

I would like to say in my defence that, at the time of the whole incident, my judgements were somewhat impaired as I had been suffering from depression for several months. This is something which I have provided medical evidence for in the form of a doctor’s note and a letter from my counsellor, initially written to request mitigating circumstances from my university. I also hope that my response to TFL’s initial correspondence reflects my desire not to simply ignore the matter. Had I known about the summons I would certainly have attended court.

 

I would like to request a Statutory Declaration so that my case can be reconsidered. As a student, the fine of £845 is overwhelming in comparison to my income. With consideration of the above circumstances I would be extremely grateful to be given the opportunity to rectify this situation.

[IdaInFife]

 

 

 

The Statutory Declaration form that you complete and take with you to Court (take at least two copies) should read as follows:

 

 

Statutory Declarations Act 1835

 

(name) of (address) do solemnly and sincerely declare that:

 

(Specify the matter to be declared)

 

(e.g. "I did not know about the proceedings against me at xxxxxxxx Magistrates Court in relation to an allegation of speeding which resulted in me convicted in my absence on the ( Date) when I received a call from the court bailiffs telling me that there was a fine outstanding in my

name…..")

 

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.

 

Dated the (date) (Signature of the person making the declaration)

 

Declared before me (Signature of the Justice of the Peace)

 

Justice of the Peace for the County of (Specify)

 

 

 

You need to fill in as required

[tognut86]

Thanks for that. I have organised to sort out a Stat Dec.

 

I will update this thread on what happens in the end, for the sake of future readers in the same situation.

 

Thanks for your help