DBS- conviction that couldn’t be me

[sentfromreddit]

Hi all,

I’m hoping someone here might be able to help or offer advice. I’ve recently received a standard DBS certificate as part of pre-employment checks for a Civil Service role, and to my shock, it shows a conviction that isn’t mine.

The conviction is for travelling on the railways without paying a fare regulations of railway act 1889 s.5 (3)(a), issued by Avonmouth and Somerset Magistrates’ Court.

• Offence date: 30th August 2021
• Conviction date: 22nd February 2022

The problem is I was in a completely different part of the country (Liverpool) at the time, attending a booked event. I have multiple forms of evidence to prove this, including:

• A booking confirmation for the event
• Social media posts from that weekend
• Geotagged photos from my phone

I have no idea how my name has become attached to this offence, but it’s now appearing on my DBS certificate and could potentially affect the job offer. I’m in the process of disputing it through the DBS disputes process, but I’m also trying to understand how this could have happened.

My questions for the community:

• Has anyone heard of a case like this before where a conviction from a fare evasion case was mistakenly linked to someone else?
• Could this be a clerical error, or is it possible my details were wrongly used by someone else?
• Is there any way to trace how this was recorded (e.g. via the train company involved or the prosecution records)?
• Should I contact the relevant rail operator or the court directly, or leave it to DBS to resolve?

I would really appreciate any advice or insight from those familiar with rail prosecutions or similar situations. This has come as a complete shock, and I’m anxious to get it corrected as quickly as possible.

Thanks in advance for any help.

 

[notmyrealname]

Hi, welcome to the forum.

The short answer to your question is yes, we have seen it before. I see that one of the site team is hovering and they know far more than I do, so I'll leave the long answer to them.

 

[Snow1964]

Yes have seen similar before, tell the future employer there appears to be a rogue entry and you are investigating and disputing (and this is first you know of error) as you know it wasn't you as you were in different part of the country.

Unfortunately staff at DBS offices and Courts do not reverse errors in seconds, and seem to expect the innocent party to provide information for them, rather than they take your word for it, and investigate the source themselves

 

[Puffing Devil]

As you say, this wasn't you; it's likely to be someone who knew your details who gave them when stopped on the railway.

Unfortunately, you will have to do some work to get this matter reversed. The process is called a statutory declaration, when you ask the court to reopen the matter and you offer a defence to the charge. You may be able to negotiate directly with the train company at the same time.

Firstly, I'm assuming that it was this court: https://www.find-court-tribunal.service.gov.uk/courts/north-somerset-magistrates-court

Give them a call and let them know that you've just found out about a conviction on the date shown in your name and that it wasn't you, and you'll be looking to make a Statutory Declaration (SD) to reopen the matter. You need to obtain the details of the case and identify who initiated the prosecution. They may give you this information over the phone or ask you to submit the request in writing via email or by post. Do not agree to setting a date for a court appearance to make an SD or go to a website to make an application.

Please return here once you have the details of the case, and we can provide further advice. We'll probably advise you to visit a local solicitor to make the declaration for a nominal fee and send that to the court.

Be quick - the clock is now ticking. You have 21 days from the date you found out about the conviction to make the declaration - that will be the date you discovered it on your DBS.

 

[AlterEgo]

You live in a very unserious country when you can just magically accrue a criminal record like stepping on a Lego. The fun part is, that conviction was probably done unlawfully anyway via the Single Justice Procedure. The train company enjoys the right to prosecute you privately even if they actually never identified you.

You need to go down the SD route as advised; sorry that it will require some work on your part to undo this miscarriage of justice.

DBS will not be able to resolve this; they only disclose the convictions, not record or administer them.

 

[sentfromreddit]

As you say, this wasn't you; it's likely to be someone who knew your details who gave them when stopped on the railway.

Unfortunately, you will have to do some work to get this matter reversed. The process is called a statutory declaration, when you ask the court to reopen the matter and you offer a defence to the charge. You may be able to negotiate directly with the train company at the same time.

Firstly, I'm assuming that it was this court: https://www.find-court-tribunal.service.gov.uk/courts/north-somerset-magistrates-court

Give them a call and let them know that you've just found out about a conviction on the date shown in your name and that it wasn't you, and you'll be looking to make a Statutory Declaration (SD) to reopen the matter. You need to obtain the details of the case and identify who initiated the prosecution. They may give you this information over the phone or ask you to submit the request in writing via email or by post. Do not agree to setting a date for a court appearance to make an SD or go to a website to make an application.

Please return here once you have the details of the case, and we can provide further advice. We'll probably advise you to visit a local solicitor to make the declaration for a nominal fee and send that to the court.

Be quick - the clock is now ticking. You have 21 days from the date you found out about the conviction to make the declaration - that will be the date you discovered it on your DBS.

Thank you for this detailed response. I have just got off the phone to the courts helpline and I was told that it is not eligible to be dealt with via a Statutory Declaration as was not processed using the Single Justice route. They have told me to apply to the court which was Bristol Magistrates to reopen the case. The station was Temple Meads and the provider was GWR. Next steps would be gratefully appreciated.

 

[Puffing Devil]

Thank you for this detailed response. I have just got off the phone to the courts helpline and I was told that it is not eligible to be dealt with via a Statutory Declaration as was not processed using the Single Justice route. They have told me to apply to the court which was Bristol Magistrates to reopen the case. The station was Temple Meads and the provider was GWR. Next steps would be gratefully appreciated.

They are wrong. You do need to submit a Statutory Declaration, SJP or not. Shocking knowledge from the court staff.

Contact the Bristol Court and request more information, specifically the case number. You need to complete the form, which is linked on this page https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case, which also describes the process to follow.

Once the SD is completed, you will need to find a local solicitor to witness the declaration and also create a certified copy for you. There is a small fixed fee for this - you need to print the form and take it in with you.

Once you have the form, send it to the court via a recorded delivery service or hand-deliver it if you are close, and ask for a receipt.

The court will eventually set a date for a new hearing.

Meanwhile, get in touch with the prosecution department at GWR - I'm sure someone on here will have an email or an address - let them know the case details and that you have submitted an SD and wish to show that the person stopped was not you before you have to go to court. Work with them, and hopefully they will drop the case.

 

[J663738]

Just reading the thread and I wonder if someone, has assumed your identity, could there be other as yet hidden issues with this identity theft?
Any unusual post or even e-mails. Have you done a credit check recently?

 

[ainsworth74]

I'm sure someone on here will have an email or an address

I believe it's simply: GWRProsecutions@gwr.com

 

[Haywain]

Just reading the thread and I wonder if someone, has assumed your identity, could there be other as yet hidden issues with this identity theft?
Any unusual post or even e-mails. Have you done a credit check recently?

As the OP wasn’t previously aware of this it’s unlikely to be anything more than the record getting attached to someone with the same name as was given. In all likelihood a different and false address was given.

 

[pedr]

Aren’t there two separate logical possibilities here?

One is that the OP was prosecuted without their knowledge and convicted in their absence. That would require a statutory declaration to unpick, followed by a new trial or the discontinuation of the case.

The other is that someone else was convicted, but the DBS service have returned details of this when responding in relation to the OP.

If there haven’t been attempts to collect a fine from the OP, isn’t it slightly more likely to be the second? It’s even possible that the defendant attended court, since this wasn’t a SJP case, though that is probably unlikely.

There is information on challenging a DBS certificate here: https://www.gov.uk/report-problem-criminal-record-certificate

It is unfortunate that these are separate processes and that it is hard or impossible to to know for certain which one should be used.

 

[Puffing Devil]

Aren’t there two separate logical possibilities here?

One is that the OP was prosecuted without their knowledge and convicted in their absence. That would require a statutory declaration to unpick, followed by a new trial or the discontinuation of the case.

The other is that someone else was convicted, but the DBS service have returned details of this when responding in relation to the OP.

If there haven’t been attempts to collect a fine from the OP, isn’t it slightly more likely to be the second? It’s even possible that the defendant attended court, since this wasn’t a SJP case, though that is probably unlikely.

There is information on challenging a DBS certificate here: https://www.gov.uk/report-problem-criminal-record-certificate

It is unfortunate that these are separate processes and that it is hard or impossible to to know for certain which one should be used.

As the OP has spoken to the court and confirmed the case, I'm confident that it has been heard in their name. Here's the possible scenarios

• The OP has a doppleganger with the same name and DOB and has been properly convicted. More likely if the OP is John Jones than Heathcliff Earnshaw.
• Some "associate" of the OP has given the OPs name a false/not the OPs address and the whole process has been through the court with the OP completely unaware. I'm willing to bet the case was proved in absence, and the fine is still outstanding.

As time is of the essence, the OP should tackle the court, then worry about the DBS correction.

 

[styles]

Presumably if it was a nefarious associate of OP, they wouldn't have given the correct address for OP, because had they done so OP would have received paperwork from the courts in the post, and then immediately disputed it?

Perhaps an old address or a fake address, but matching DOB?

That is unless it really isn't just a name mix up.

Bonkers legal system though when something like this can happen.

 

[WesternLancer]

I believe it's simply: GWRProsecutions@gwr.com

Yes. OP can check address details on the GWR revenue protection policy pdf version document available on GWR website (or from. GWR ticket office in hard copy)

 

[enyoueffsea]

• I'm willing to be the case was proved in absence, and the fine is still outstanding.

Is it not slightly unusual a court fine has been unpaid for 3 years and nobody has tracked the OP down about it?

 

[Puffing Devil]

Is it not slightly unusual a court fine has been unpaid for 3 years and nobody has tracked the OP down about it?

No. Depends on the efforts the bailiffs make. Or it could be a name/dob match and it has been paid by the "other" John Jones.

 

[Haywain]

and it has been paid by the "other" John Jones.

And who would, as a result of the SD process, then find himself receiving an unexpected refund?

 

[Puffing Devil]

And who would, as a result of the SD process, then find himself receiving an unexpected refund?

I have no idea how that would unravel in court if it had been paid. The only SD's I've seen have been as a result of bailiff visits or DBS checks, where the fine has not be paid.
I imagine that is one for the DBS correction procedure and the case verdict stays as is.

 

[Hadders]

I agree with @Puffing Devil excellent advice that a Statutory Declaration is what you need to do.

More information in the link below on SD from gov.uk.

Appeal a magistrates’ court decision

How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the Crown Court.

www.gov.uk

If you did not know about your case​

You could ask for your case to be reopened if you did not know about it, so you were not able to plead either guilty or not guilty.
You’ll need to make a legal statement known as a ‘statutory declaration’ to reopen your case.
You usually need to do this within 21 days of finding out about the proceedings.