IRCAS penalty fare notice: not me but they now ask my personal details

[Little Curious]

Thanks in advance for any expert help.

 

I received a letter from a company called IRCAS apparently acting on behalf of London Overground demanding £105 penalty fare that I don't have any clue about. I have contacted them and emailed to IRCAS (Independent Transport Associations Company) as advised by one of the staffs when I rang them. I told them that this must be an act of fraud and informed that I have reported this to action fraud.

 

Then I had a follow-up email from them asking confirmation of my DOB, proof of my signature with copy of my driving license or passport or debit card's reverse side and a brief description of myself about HOW DO I LOOK LIKE!

 

I was going to send a harsh response as I am very angry but thought to get some expert help first on how to deal with this ******? any help/advice is much appreciated.

 

 

I have copied the response from them:

 

"Thank you for your advice concerning the above referenced Penalty Fare/Unpaid Fare Notice and your kind notification of the use of 'false' details in this instance.

 

This office acts in an administrative capacity for various rail and Transport for London services, and as such, we will produce reminder letters on their behalf where a Penalty Fare/Unpaid Fare Notice balance remains outstanding.

 

Having failed to produce on demand a valid ticket, a notice was issued to a passenger by an Authorised Collector on the date concerned.

 

Unfortunately, it is not law in this country to carry identification. Therefore, Authorised Collectors issuing notices often check an electoral roll system to help establish that correct address details are being collected.

 

However, without identification it is impossible for them to be completely satisfied that the correct name is being taken or indeed, that the person is who they actually claim to be.

 

Therefore, we try to capture as much accurate information about an individual as we can. This enables us to compare it against the information taken at the time of issue but also, importantly, it means that we can help Authorised Collectors to ask the right questions and get the correct information should they stop someone again in the future who gives details that have previously been proven to be false.

 

In order to assist with this please provide the following information:

 

1. Confirmation of your date of birth.

2. Please provide a copy of a document with your signature on, such as a driving licence, passport or a copy of the reverse of a debit/credit card.

3. Please provide a brief description of yourself, including height, build, hair colour and length, complexion, eye colour, right or left handed and any distinguishing features such as tattoos or piercings.

 

Upon receipt of this information we can update our database accordingly. We thank you in anticipation for providing this information, and therefore, helping us to provide accurate information to the transport providers which, in turn, may help prevent further misuse of personal details.

 

We will hold the above mentioned Penalty Fare/Unpaid Fare Notice for 7 days from the date of this correspondence to await your response."

[Little Curious]

I have drafted an email response for them, any advice is much appreciated. Thanks

 

"I have already explained to you that I have nothing to do regarding the matter you have communicated with myself yet you have ignored my request. As I have mentioned, this has been reported to the police crime ref. NFRCxxxxxxxxxxxx.

 

You mentioned that your Authorised Collector issues tickets by verifying the electoral roll and as there's no law to carry identification so they try to collect as much information as possible that mean that you do not have the correct satisfactory details about the alleged person and simply acting on what information was provided to the collector fraudulently?

 

If that was true, why are you asking for my personal details and to check with what?

 

May I remind you that under 'Section 21 (3) of the Theft Act 1968' it is an offence to make unwarranted demands with menace with the view to make gain or cause loss with a maximum sentence of up to 14 years imprisonment!

 

Your demand is completely baseless, unreasonable and unacceptable as you are acting on inaccurate and fraudulent information therefore, I refuse to provide my personal details as this matter has nothing to do with me.

 

I am asking you again to REMOVE THE ADDRESSEE AND THE ADDRESS FROM THE ALLEGED PENALTY NOTICE!

 

I am giving you a 7 days notice to respond to my request."

[BazzaS]

I have drafted an email response for them, any advice is much appreciated. Thanks

 

"I have already explained to you that I have nothing to do regarding the matter you have communicated with myself yet you have ignored my request. As I have mentioned, this has been reported to the police crime ref. NFRCxxxxxxxxxxxx.

 

You mentioned that your Authorised Collector issues tickets by verifying the electoral roll and as there's no law to carry identification so they try to collect as much information as possible that mean that you do not have the correct satisfactory details about the alleged person and simply acting on what information was provided to the collector fraudulently?

 

If that was true, why are you asking for my personal details and to check with what?

 

May I remind you that under 'Section 21 (3) of the Theft Act 1968' it is an offence to make unwarranted demands with menace with the view to make gain or cause loss with a maximum sentence of up to 14 years imprisonment!

 

Your demand is completely baseless, unreasonable and unacceptable as you are acting on inaccurate and fraudulent information therefore, I refuse to provide my personal details as this matter has nothing to do with me.

 

I am asking you again to REMOVE THE ADDRESSEE AND THE ADDRESS FROM THE ALLEGED PENALTY NOTICE!

 

I am giving you a 7 days notice to respond to my request."

 

Someone has been stopped for ticketless travel, and has given your details.

 

They are asking for your cooperation in creating a record so that if that offender gives your name & address details again,

that there will be information in the system to distinguish them from you, so that the TfL staff will know to call the police and have the offender arrested.

 

You don't have to cooperate with their request but:

a) surely it is in your interest if you don't want to keep having an offender getting away with impersonating you?,

b) how will they know that it wasn't you who gave those details, and is now saying "wasn't me!", and declining to cooperate with their further investigation....

 

You don't have to cooperate, but you should at least reconsider if it is in your best interests to do so!

 

Yes, it isn't your fault the offender has lied to TfL, but it isn't TfL's fault either. If you want the offender caught, and to avoid further hassle in future : why not help them distinguish the offender and you by any physical differences between you?

[silverfox1961]

I can honestly say that IRCAS do not do full checks. A friend of mine got a letter for a guy who had never lived there.I wrote to IRCAS on her behalf informing them that she had been living there for 12+ years and nobody of that name lived there,

 

They accepted my letter and didn't ask for any further details of her identity as they must have done a full check afterwards.

 

Having said that, the issue now is if IRCAS take court action against this muppet who has used your address. You will end up with all the paperwork and no matter how many times you send them back as 'Not at this address' they will probably still try and enforce it with the usual EA attendance which causes you more stress.

[king12345]

As bazza said, you don't have to comply with their request, but now that this fare evader has got away by giving your details, the next time he will be stopped he will do it again.

So if I were you I would give them the info they need.

If it's true what they say, next time someone is stopped and gives your name and address, it will flag up and maybe further check would be made.

Surely you don't want to keep on receiving penalty fares through the letterbox.

[SabreSheep]

I would imagine sending them a copy of your council tax bill and photocopy of passport/driving license would suffice and probably worth the effort to prevent a situation where you have to deal with Bailiffs

[honeybee13]

1. Confirmation of your date of birth.

2. Please provide a copy of a document with your signature on, such as a driving licence, passport or a copy of the reverse of a debit/credit card.

3. Please provide a brief description of yourself, including height, build, hair colour and length, complexion, eye colour, right or left handed and any distinguishing features such as tattoos or piercings.

 

Hello there.

 

I agree with the guys.

 

My understanding is that if someone is interviewed by an RPI, they're asked for their date of birth as well as the address. Unless they know you well, they may have got the date of birth wrong. And I know that RPI's write a description of the person, so hopefully you can give them enough information to know the person isn't you.

 

HB

 

HB

[Stigy]

I have drafted an email response for them, any advice is much appreciated. Thanks

 

"I have already explained to you that I have nothing to do regarding the matter you have communicated with myself yet you have ignored my request. As I have mentioned, this has been reported to the police crime ref. NFRCxxxxxxxxxxxx.

 

You mentioned that your Authorised Collector issues tickets by verifying the electoral roll and as there's no law to carry identification so they try to collect as much information as possible that mean that you do not have the correct satisfactory details about the alleged person and simply acting on what information was provided to the collector fraudulently?

 

If that was true, why are you asking for my personal details and to check with what?

 

May I remind you that under 'Section 21 (3) of the Theft Act 1968' it is an offence to make unwarranted demands with menace with the view to make gain or cause loss with a maximum sentence of up to 14 years imprisonment!

 

Your demand is completely baseless, unreasonable and unacceptable as you are acting on inaccurate and fraudulent information therefore, I refuse to provide my personal details as this matter has nothing to do with me.

 

I am asking you again to REMOVE THE ADDRESSEE AND THE ADDRESS FROM THE ALLEGED PENALTY NOTICE!

 

I am giving you a 7 days notice to respond to my request."

Surely you can see why they're asking for these documents? By all means don't adhere to their request, but be aware that you may find you're only eliminated after a court hearing which would be an inconvenience to you, surely? They're only trying to eliminate you as quickly and as easily as possible. Who's to say it wasn't actually you who was stopped and you're just trying to get out of it? Just help them out and they'll help you out. Simple as that.

[Little Curious]

Someone has been stopped for ticketless travel, and has given your details.

 

They are asking for your cooperation in creating a record so that if that offender gives your name & address details again,

that there will be information in the system to distinguish them from you, so that the TfL staff will know to call the police and have the offender arrested.

 

You don't have to cooperate with their request but:

a) surely it is in your interest if you don't want to keep having an offender getting away with impersonating you?,

b) how will they know that it wasn't you who gave those details, and is now saying "wasn't me!", and declining to cooperate with their further investigation....

 

You don't have to cooperate, but you should at least reconsider if it is in your best interests to do so!

 

Yes, it isn't your fault the offender has lied to TfL, but it isn't TfL's fault either. If you want the offender caught, and to avoid further hassle in future : why not help them distinguish the offender and you by any physical differences between you?

 

I have already reported this to the police and rather them dealing with this than disclosing my personal details to someone acting on behalf of a train operator. I have asked IRCAS to provide me any relevant details they have collected about the alleged person so I could update my crime report and notify the law enforcement agency.

 

I am wondering why the revenue collector/inspector did not call the police on the spot if the alleged person committed a crime by not paying a fare or did s/he paid the fare but refused to pay the fine which is £105 ! There are numerous stories online/news about the train companies paid so called independent bodies i.e. IRCAS are doing.

 

They came in contact with the person so the onus is onto them to prove the identity of the guilty.

[Stigy]

I am wondering why the revenue collector/inspector did not call the police on the spot if the alleged person committed a crime by not paying a fare or did s/he paid the fare but refused to pay the fine which is £105 ! There are numerous stories online/news about the train companies paid so called independent bodies i.e. IRCAS are doing.

 

They came in contact with the person so the onus is onto them to prove the identity of the guilty.

Why would the member of staff call the Police on the spot? The whole idea of Revenue Protection Inspectors (RPI) is so that the company can deal with matters in-house. The RPI will only take what details are given if there's no ID to back said details up. Only if they have reason to believe they may be incorrect, or if details are refused will the Police be called. As you said, we don't have to carry ID in the UK so this is always going to be an issue.

 

The onus is on the suspect to supply THEIR name and address on the spot, which I'm assuming the RPI thought the alleged offender adhered to. Obviously they didn't, which still means you are the suspect, so ignoring them will likely end up in court.

[honeybee13]

I have already reported this to the police and rather them dealing with this than disclosing my personal details to someone acting on behalf of a train operator. I have asked IRCAS to provide me any relevant details they have collected about the alleged person so I could update my crime report and notify the law enforcement agency.

 

I am wondering why the revenue collector/inspector did not call the police on the spot if the alleged person committed a crime by not paying a fare or did s/he paid the fare but refused to pay the fine which is £105 ! There are numerous stories online/news about the train companies paid so called independent bodies i.e. IRCAS are doing.

 

They came in contact with the person so the onus is onto them to prove the identity of the guilty.

 

Hello again.

 

I'm sorry if this sounds tactless, but you've asked for advice and so far, to a man people have told you to give the information to IRCAS and you don't seem to like the advice.

 

Would you rather that this ended up with court and bailiffs if you continue your stance of refusing? I'm just curious.

 

HB

[Little Curious]

Why would the member of staff call the Police on the spot? The whole idea of Revenue Protection Inspectors (RPI) is so that the company can deal with matters in-house. The RPI will only take what details are given if there's no ID to back said details up. Only if they have reason to believe they may be incorrect, or if details are refused will the Police be called. As you said, we don't have to carry ID in the UK so this is always going to be an issue.

 

The onus is on the suspect to supply THEIR name and address on the spot, which I'm assuming the RPI thought the alleged offender adhered to. Obviously they didn't, which still means you are the suspect, so ignoring them will likely end up in court.

 

make sense, will see!

Edited September 17, 2015 by Little Curious

[Little Curious]

Hello again.

 

I'm sorry if this sounds tactless, but you've asked for advice and so far, to a man people have told you to give the information to IRCAS and you don't seem to like the advice.

 

Would you rather that this ended up with court and bailiffs if you continue your stance of refusing? I'm just curious.

 

HB

 

hb - you are jumping into a conclusion! I appreciate people are giving advice in good heart (I believe) however whether I like/take the advice or not that's absolute my personal choice.

This is a civil process, bailiff will occur if this goes to the court and court will give verdict in their favour and to do that they have to bring the perpetrator's identity and match against the suspect - court fine for civil process is £80 + bailiff £250 = you can do the math whether it's worth for them!

 

This is a police matter now, I have issues disclosing my personal details rather do this in the court if I have to and will surely sue them for wasting my time and counter-claim will follow.

 

I think I have made my points clear! I will speak to someone I know at my local cab. Thanks.

Edited September 17, 2015 by Little Curious

[goodatresearch]

hb - you are jumping into a conclusion! I appreciate people are giving advice in good heart (I believe) however whether I like/take the advice or not that's absolute my personal choice. This is a civil process, bailiff will occur if this goes to the court and courts gives verdict in their favour and to do that they have to bring the perpetrator's identity and match against the suspect - court fine for civil process is £80 + bailiff £250 = you can do the math whether it's worth for them!

This is a police matter now, I have issues disclosing my personal details rather do this in the court if I have to and will surely sue them for wasting my time and counter-claim will follow.

I think I have made my points clear!

 

 

No doubt I will be shot down in flames, but I agree with you Little Curious. Being a suspicious person I'd be worried about giving this info and them turning rould saying "yes, we've got the right person". If this went to court, they would indeed have to provide the id description of the guilty party, so let them do so without help provided by yourself to prompt them. As they've made the accusation, ask them to disclose the id description they have. Its for them to prove.

 

Also do you know where you were at the time of the alleged incident, any witnesses? This happened to my partner. Given a parking ticket when his car was parked at a government installation many miles away where he had to go through very strict security, therefore loads of evidence the traffic warden was mistaken.

[Mr.P]

This is a police matter now, I have issues disclosing my personal details rather do this in the court if I have to and will surely sue them for wasting my time and counter-claim will follow.

 

if the case for fare evasion goes to court, the judge would probably take a dim view of your actions and tell you that it could and should have been resolved long before summons were issued. He might even award costs against you for wasting court time. Should you not appear in person to defend and it ends up in the hands of bailiffs, they won't care that you didn't commit the offence. Your name will be on the paperwork, so you will be the one they pursue.

 

If you were to sue them for wasting your time, the judge would probably tell you the same and throw your claim out.

[Little Curious]

No doubt I will be shot down in flames, but I agree with you Little Curious. Being a suspicious person I'd be worried about giving this info and them turning rould saying "yes, we've got the right person". If this went to court, they would indeed have to provide the id description of the guilty party, so let them do so without help provided by yourself to prompt them. As they've made the accusation, ask them to disclose the id description they have. Its for them to prove.

 

Also do you know where you were at the time of the alleged incident, any witnesses? This happened to my partner. Given a parking ticket when his car was parked at a government installation many miles away where he had to go through very strict security, therefore loads of evidence the traffic warden was mistaken.

 

I have asked them politely to provide any information they have so I could update my crime report and waiting for their response. I even provided the crime ref number to them so they can liaison with police if they are willing to do so.

 

I have no prob to collaborate but I DO NOT TRUST THEM. I did some research about IRCAS after emailing them, they do deal with debt collectors and I have seen how people have been vindicated by DCAs wrongly and fully aware of their unethical business practice (no need to go into details) and that's when I got more suspicious about them.

 

thanks.

[Little Curious]

if the case for fare evasion goes to court, the judge would probably take a dim view of your actions and tell you that it could and should have been resolved long before summons were issued. He might even award costs against you for wasting court time. Should you not appear in person to defend and it ends up in the hands of bailiffs, they won't care that you didn't commit the offence. Your name will be on the paperwork, so you will be the one they pursue.

 

If you were to sue them for wasting your time, the judge would probably tell you the same and throw your claim out.

 

If the alleged person didn't/refused to pay the fare, they would have called the police as that's a crime but I'm guessing (could be wrong) s/he paid the fare but refused to pay the penalty and that's why it came to the civil process/IRCAS handling the matter.

 

I have asked them to provide me with any information/evidence they have. If they do that would be useful for me and yes I hope the matter resolves before appearing in court. See what response I get, will speak to someone I know at my local cab anyway. I am prepare to defend myself. Thanks.

[BazzaS]

If the alleged person didn't/refused to pay the fare, they would have called the police as that's a crime but I'm guessing (could be wrong) s/he paid the fare but refused to pay the penalty and that's why it came to the civil process/IRCAS handling the matter.

 

I have asked them to provide me with any information/evidence they have. If they do that would be useful for me and yes I hope the matter resolves before appearing in court. See what response I get, will speak to someone I know at my local cab anyway. I am prepare to defend myself. Thanks.

 

No, if the fare evader didn't pay their fare, but gave YOUR details, the TOC staff wouldn't have called the police unless

a) they had reason to believe the details were false, or

b) the passenger was non-compliant or 'kicking off'

Take a look at a number of the threads here where people have been stopped for "ticketless travel" and you'll see it is very rare for the police to be called.

 

This is why it would be a good opportunity for you to assist the TOC in making sure that the next time the offender gives your details, the TOC staff have reason to believe the details are false ......

So, yes you are guessing.

Also, yes, you are likely wrong!.

 

They won't give you details of the offender (nor should they .... The only people they should pass them to are the police).

 

This is a civil process, bailiff will occur if this goes to the court and court will give verdict in their favour and to do that they have to bring the perpetrator's identity and match against the suspect - court fine for civil process is £80 + bailiff £250 = you can do the math whether it's worth for them!

 

A prosecution brought by TfL under their Byelaws or under S5 of the Regulation of Railways Act 1889 is a criminal, not a civil, matter.

It would take place in a Magistrates' court, not the County court.

 

The Prosecution Office don't just look at "if it is worth it for them", as fare evasion is the main offence of dishonesty affecting the TOC's, so they look at the deterrent effect of prosecution as well.

 

You've had good advice on this thread.

You've (correctly) highlighted that you don't have to take the advice you've been offered. That is true, but where you have had good advice (with the rationale behind it explained), and you choose not to take it : why bother asking for advice?.

 

You are factually incorrect about:

A) it being a civil matter (it'll be a criminal matter if the TOC prosecute), and

B) the TOC staff calling the police for a fare evader (they'd only do so if they weren't being given details, they suspected the details were false, or the offender was 'kicking off'.

Beware : your lack of understanding of the process may be influencing your poor choices regarding ignoring the good advice you have been given.

[Stigy]

make sense, will see!

If it makes sense, why are you still objecting to IRCAS' requests?

 

To echo what Bazza has said, should this be escalated to court, it'll be the Magistrates' Court and not the County Court. offences under Railway Byelaws and the more serious Regulation of Railways Act 1889 are criminal ones and this is reflected in the penalties imposed and the possibility of a criminal record.

 

Bear in mind that should you ignore them, TfL likely will have the case from IRCAS handed back to them as it'll no longer be the Penalty Fare that's being enforced itself, but the original offence of ticketless travel, usually prosecuted under Byelaw 18(1). The PF was a civil remedy for a criminal offence. You may well have it NFA'd at court, but is it really worth the hassle if you can eliminate yourself quite easily? Yes it's an inconvenience, but what are you likely to gain from not adhering to their request?

 

You're right in that you don't have to heed our advice....but if your mind was made up anyway, why take up the space on the forum?

[Old-CodJA]

Very simply, if the letter did not bear your name or that of someone residing at, or known at, your address, the first thing you ought to have done was put it back in the post, unopened, marked 'NOT KNOWN AT THIS ADDRESS'. If it bore your name, the liability for that fare and subsequent refusal to pay is in your name.

 

It is a fact that many people attempt to avoid a liability when avoiding fares by doing exactly that when the letter arrives, simply saying 'Not me' in expectation that no further action will ensue. IRCAS, or the prosecuting agency appointed by the TOC, will make further investigation and if they are not satisfied that an error has occurred, may issue a Summons to a Magistrates Court hearing.

 

The person named on the unpaid fare notice will be the person Summonsed to answer that charge unless they provide evidence, or detailed explanation satisfying the prosecuting authority to the contrary well before that hearing date. The evidence of the copy of the notice issued at the time, any identity checks made and description recorded and an evidential statement submitted by the inspector will be used to support that allegation in a criminal Court hearing.

 

The rules of disclosure confirm that once the Summons is issued the prosecuting agency will provide a copy of said statement and evidence that they intend to rely upon and they may also provide a schedule of any unused information that may be held.

 

As others have said, the TOC, through IRCAS as their agents, have given opportunities for you to show that you were not the person who was reported. If you do nothing to help yourself, you may not get a great deal of sympathy shown by Magistrates. All Court time is under intense pressure these days and Legal Advisors & Magistrates can be very hard on those who waste their time.

 

That does include prosecutors who might be seen to be wasting their time, but if the prosecutor says to Magistrates "We have attempted to ascertain whether or not there is any good reason to discontinue this matter by offering Mr XXX a number of opportunities to assist in this investigation, but without success", don't be surprised if they reject your 'un-confirmed claim' that it was not you and then direct that a not-guilty plea be entered on your behalf and may refer the matter to a full trial at a later date.

 

It seems from reading this thread that you have been given several opportunities to avoid a Summons being issued at all, but as so many people do, seem to have an expectation that doing something about these things is always someone else's responsibility.

 

If you want to resolve this quickly, please help yourself by helping them

[goodatresearch]

There was a case last year very similar to this one where someone gave an innocent girls details. Despite providing a copy of her passport and them having a description of the actual fare dodger, they still said it was her and cracked on with court. Thing is she could prove she was out of the country at the time. Quite worrying really.

 

So if he OP complies with their requests he still may not be helping himself by helping them. I'll ask the OP again, do you know where you were at the time of the alleged offence?

[honeybee13]

I hope we haven't lost the OP. They haven't viewed the thread lately.

 

HB

[Little Curious]

There was a case last year very similar to this one where someone gave an innocent girls details. Despite providing a copy of her passport and them having a description of the actual fare dodger, they still said it was her and cracked on with court. Thing is she could prove she was out of the country at the time. Quite worrying really.

 

So if he OP complies with their requests he still may not be helping himself by helping them. I'll ask the OP again, do you know where you were at the time of the alleged offence?

 

I heard exactly the same story from others after this incident. If they fail to get the right ID of the alleged person, which seems quite likely in this case, they simply try to frame whoever is responding to them even if by acquiring the copy of the responder's ID!

I don't even live in London and I didn't even know who IRCAS was until recently so I have a good reason not to believe them, was at home. As I said, I have already reported this to the police and gave them the crime ref number that they can use for their investigation.

 

Anyway, thanks all for your advice and time.

Edited September 21, 2015 by Little Curious

[goodatresearch]

Don't let some posters put you off.

 

Was anyone with you when you were at home?

 

If they attempt to take court action they will have to send you a MG11 which should include a description of the offender. A vague one shouldn't cut it in court. You could submit your own witness statement and I will help you if necessary. Witness statements from others would help to.

 

For now I would write to them again advising that you do not live in London have never travelled this route and have reported the incident to the police. Advise them if they take court action you will provide independent witness statements and defend. Request a copy of the MG11 and consider making a statutory declaration. If you want me to draft something let me know.

 

 

 

 

 

 

 

 

 

 

 

 

I heard exactly the same story from others after this incident. If they fail to get the right ID of the alleged person, which seems quite likely in this case, they simply try to frame whoever is responding to them even if by acquiring the copy of the responder's ID!

I don't even live in London and I didn't even know who IRCAS was until recently so I have a good reason not to believe them, was at home. As I said, I have already reported this to the police and gave them the crime ref number that they can use for their investigation.

 

Anyway, thanks all for your advice and time.

[Old-CodJA]

To Little Curious,

 

I would agree with the comment that you should not be put off, if you were definitely not the traveller you have nothing to fear, but please be very careful how much importance you attach to some of the 'advice' that you are being given on forums and I would be a little more careful about the language that you use too.

 

 

If they fail to get the right ID of the alleged person, which seems quite likely in this case, they simply try to frame whoever is responding to them even if by acquiring the copy of the responder's ID!

 

The quote above is simply not true. The TOC, or their agents will not set out to 'frame' someone as claimed by your quote above.

 

 

They will act on a report from an inspector, or unpaid or penalty fare notice that remains outstanding after the period allowed and advised by the legislation has passed.

 

If there is a report that you were travelling without a ticket contrary to existing legislation, have not responded to correspondence about the matter in due time and simply rang up and said 'It's not me', if they believe they have evidence to suggest it was you, they are not obliged to accept your denial.

 

No Court would accept a simple telephone call denying liability either.

 

If you cannot convince them that you have been the victim of an impostor, the TOC or their agents do have the right to issue a Summons to have their evidence tested. I am not for one minute suggesting that you are the offender and it may be that you have been the victim of an impostor, but it is worth considering the experiences of a great many prosecutors in these cases.

 

It is not unusual for an offender to attempt to avoid a liability by denying responsibility, sometimes by sending back letters marked 'Gone Away' or 'Not Known' or by calling to say 'It's not me' and refusing to assist further.

 

In most cases, if the TOC believe that their evidence is strong and sometimes a person who has been reported has genuinely forgotten that the inspector recorded something that will confirm identity, then the prosecutor will proceed to Summons.

 

In a substantial number of cases the prosecutor will hear nothing further from the defendant once a Summons is issued and the statement & other disclosures are made. In such cases it is frequently a fact that on arrival at Court the Legal Advisor will have received a 'guilty' plea. Magistrates take a dim view of what they perceive to be an attempt to pervert the course of justice by the original denial, which is brought to their attention.

 

I repeat, I am not saying this is what is happening in your case, but I hope that you can see why, without EVIDENCE to the contrary, the prosecution unit may well remain unconvinced.

 

Over the years I have seen a great many such cases and sometimes of course the defendant is proven to be entirely innocent and the charge will be dismissed, but not until the drawn out process of Summons & hearing has inconvenienced everyone.

 

Defendants in such cases often demand compensation beyond the out-of-pocket expenses incurred in travelling to Court and are often very unhappy when the Court says "We have heard from the prosecutor that the company has previously tried to resolve this matter. What did you do when the rail company wrote asking for your assistance to clear up this matter much earlier?"

 

I once heard a defendant reply by saying "I didn't see why I should send anything to help them, they got it wrong, not me"

 

This was swiftly rebuffed by comment from the Chair of the Magistrates who said; "Then your claim is declined as all of this waste of Court time could easily have been avoided and the choice to travel to here today appears to have been yours"

 

 

Don't let some posters put you off.

 

Was anyone with you when you were at home?

 

If they attempt to take court action they will have to send you a MG11 which should include a description of the offender. A vague one shouldn't cut it in court. You could submit your own witness statement and I will help you if necessary. Witness statements from others would help to.

 

For now I would write to them again advising that you do not live in London have never travelled this route and have reported the incident to the police. Advise them if they take court action you will provide independent witness statements and defend. Request a copy of the MG11 and consider making a statutory declaration. If you want me to draft something let me know.

 

 

Yes, you may contact your local Police, but do not be surprised if they tell you that there is absolutely nothing that they can do about it. The position at present is the only allegation of a crime is that you are accused of travelling without a valid ticket. There isn't a crime reference number, but there will be an ASN if you are Summonsed to answer a charge of 'intent to avoid a fare'

 

You would be well advised to get a statement from someone who is prepared to go on oath and give evidence to the fact that you were elsewhere at the time.

 

Maybe, all of this could be best avoided by helping the TOC to confirm you were not the traveller and helping them to try to avoid a repeat in the future. I am sure that if you go and see a Solicitor who may be prepared to give advice pro-bono in such a case, that is what you are most likely to be told

 

These are criminal allegations and the TOCs and their agents do not take out Summonses as lightly as some people like others to believe.