Unaware of Court case for train ticket

[baba4]

I am writing to seek advice on this matter.

In January I traveled from London king cross to New Castle, my girlfriend booked the train tickets to support me as I was going for a job interview. She booked the ticket with under 25 rail card. She is younger than 25 and I am older than 25

During the journey the ticket officer faulted me and was going on about me not a valid ticket which I didn't really understand what was going on as it was my time on the train outside London and I'm trying to fucos and prepare for my interview.

She asked for my ID and I gave her my driver's license.

Since January I did not receive any letter prior to this. Immediately I got this, I called the court and they explained that letters were sent to my old address.

My old address was on the driver's license I gave the ticket officer but I my address is upto on my DVLA portal. So I think the prior letters were sent to my old address and I wasn't aware of any of this issues

Would appreciate any help

.

 

[styles]

You need to make a 'statutory declaration' basically stating that you didn't know about the proceedings, how you eventually found out about them, etc.

You can find the form here: https://www.gov.uk/government/publications/statutory-declaration-of-ignorance-of-proceedings

More information at https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

You would do well to mention that you intend to defend the charge. Keep any proof of having bought/possessed the railcard. Edit: I've re-read your post and it sounds like you were travelling on a Railcard ticket without said Railcard. In this case you will still need to plead not guilty but then contact the train company in question (who is also the prosecutor in this case) to try and settle it out of court.

It should be reasonably straightforward to defend, but a solicitor really can be worth the money in my view.

 

[jfollows]

You need to file a Statutory Declaration either through a local solicitor at a nominal fee or at the local Magistrates Court, which will reset the conviction, but once done you need to contact whoever originally stopped you in January and request an out of court settlement instead of repeating the prosecution.
Please read https://www.railforums.co.uk/threads/please-read-before-posting-in-disputes-prosecutions.77759/ and in particular post any paperwork from January.

Did you have a valid ticket and railcard at the time? I read your post to say that you didn’t. If you did, you can defend the case. If your ticket was bought with a railcard discount that you’re not entitled to, then it’s invalid.

An out of court settlement will cost less than £678.70, but will be something like £200.80 + £150 if this is the only invalid ticket.

 

[island]

As well as making a statutory declaration, you need to surrender your driving licence with the incorrect details on and get a correct one as it's a separate offence for that to be wrong (section 99 (4) Road Traffic Act 1988). Updating it on your V5 or in a miscellaneous "online portal" does not count.

 

[Haywain]

In January I traveled from London king cross to New Castle, my girlfriend booked the train tickets to support me as I was going for a job interview. She booked the ticket with under 25 rail card.

It is very important to know which train company you were and will be dealing with. Do you still have the train ticket? Were you given any paperwork at the time? Which train were you travelling on? As things stand you have been convicted of a criminal offence so you need to take this matter very seriously.

 

[baba4]

You need to make a 'statutory declaration' basically stating that you didn't know about the proceedings, how you eventually found out about them, etc.

You can find the form here: https://www.gov.uk/government/publications/statutory-declaration-of-ignorance-of-proceedings

More information at https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

You would do well to mention that you intend to defend the charge. Keep any proof of having bought/possessed the railcard.

It should be reasonably straightforward to defend, but a solicitor really can be worth the money in my view.

Thank you, I have the receipt for the ticket purchase. Do you know how much it could cost me to hire a solicitor and where I can find one? Thank you!

 

[baba4]

As well as making a statutory declaration, you need to surrender your driving licence with the incorrect details on and get a correct one as it's a separate offence for that to be wrong (section 99 (4) Road Traffic Act 1988). Updating it on your V5 or in a miscellaneous "online portal" does not count.

I have since got a new drivers license with the updated address. thanks!

 

[jfollows]

When you file your Statutory Declaration you will be required to enter a plea if you do it at a Magistrates Court. If you want to pursue an out of court settlement you need to plead Not Guilty and then approach whoever stopped you in January. You can always change your plea later. But if you plead Guilty at the start it’s likely it will just go through the sausage machine with the same result, except that this time you’ll know about it.

 

[baba4]

You need to make a 'statutory declaration' basically stating that you didn't know about the proceedings, how you eventually found out about them, etc.

You can find the form here: https://www.gov.uk/government/publications/statutory-declaration-of-ignorance-of-proceedings

More information at https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

You would do well to mention that you intend to defend the charge. Keep any proof of having bought/possessed the railcard.

It should be reasonably straightforward to defend, but a solicitor really can be worth the money in my view.

also just to clarify,

My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

Thank you for your help!

 

[baba4]

You need to file a Statutory Declaration either through a local solicitor at a nominal fee or at the local Magistrates Court, which will reset the conviction, but once done you need to contact whoever originally stopped you in January and request an out of court settlement instead of repeating the prosecution.
Please read https://www.railforums.co.uk/threads/please-read-before-posting-in-disputes-prosecutions.77759/ and in particular post any paperwork from January.

Did you have a valid ticket and railcard at the time? I read your post to say that you didn’t. If you did, you can defend the case. If your ticket was bought with a railcard discount that you’re not entitled to, then it’s invalid.

An out of court settlement will cost less than £678.70, but will be something like £200.80 + £150 if this is the only invalid ticket.

Sorry, I wasn't very clear. My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

I appreciate your help!

 

[styles]

As well as making a statutory declaration, you need to surrender your driving licence with the incorrect details on and get a correct one as it's a separate offence for that to be wrong (section 99 (4) Road Traffic Act 1988). Updating it on your V5 or in a miscellaneous "online portal" does not count.

I took this:

My old address was on the driver's license I gave the ticket officer but I my address is upto on my DVLA portal.

To mean they'd recently told DVLA of a change of address but haven't received the new physical licence yet.

But yes agree that if not the case they need to get a new driving licence with the updated address!

Edit: I see now they have their new licence with new address, happy days

 

[skyhigh]

You would do well to mention that you intend to defend the charge. Keep any proof of having bought/possessed the railcard.

It should be reasonably straightforward to defend

I think you have misread. The OP did not have the Railcard, if it went to court they would lose. They need to engage with whichever TOC is involved to try and agree a settlement rather than let it get to court again.

 

[styles]

I think you have misread. The OP did not have the Railcard, if it went to court they would lose. They need to engage with whichever TOC is involved to try and agree a settlement rather than let it get to court again.

Oh yes I had read it as they traveled together and there was some confusion over the Railcard.

But you're right, it looks like OP is guilty of the offence and will need to try and get an out of court settlement from the operator if they want to avoid a criminal record.

 

[Puffing Devil]

It should be reasonably straightforward to defend, but a solicitor really can be worth the money in my view.

A solicitor is very rarely "worth the money" unless you're dealing with TfL and/or have reached an impasse with the TOC. Most uncomplicated cases can be handled with the advice from here.

 

[jfollows]

Sorry, I wasn't very clear. My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

I appreciate your help!

Railcards are not transferrable, so if the ticket was bought with her railcard but you used it, the ticket was invalid. Just to be clear.

 

[styles]

Sorry, I wasn't very clear. My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

I appreciate your help!

Sorry just to clarify -

Did you travel alone on this journey? As in, you travelled on a ticket with a 16-25 Railcard discount, but without having a 16-25 Railcard?

Or did you travel as a pair and there was some confusion over the Railcard?

In the first case you would be guilty, and would go for an out of court settlement with the train company.

In the second case, you would be not guilty.

Who booked the ticket etc is not really relevant. What's relevant is what conditions were on the ticket and who used it.

 

[Haywain]

In the second case, you would be not guilty.

That is a bold and unhelpful assertion when we are lacking the full facts of the matter.

 

[swt_passenger]

Sorry, I wasn't very clear. My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

I appreciate your help!

Are you really saying here that you took your girlfriend’s railcard with you on the journey? The photo of her didn’t give you a clue that it was not transferable?

 

[baba4]

I traveled alone without the railcard. I only had the tickets. (I am new to the UK and wasn't familiar with all the train ticket processes. So apologies for all my questions)

The train was a cross country train from York to Newcastle. Thanks!

Sorry just to clarify -

Did you travel alone on this journey? As in, you travelled on a ticket with a 16-25 Railcard discount, but without having a 16-25 Railcard?

Or did you travel as a pair and there was some confusion over the Railcard?

In the first case you would be guilty, and would go for an out of court settlement with the train company.

In the second case, you would be not guilty.

Who booked the ticket etc is not really relevant. What's relevant is what conditions were on the ticket and who used it.

== Doublepost prevention - post automatically merged: 9 Jul 2025 ==

You need to make a 'statutory declaration' basically stating that you didn't know about the proceedings, how you eventually found out about them, etc.

You can find the form here: https://www.gov.uk/government/publications/statutory-declaration-of-ignorance-of-proceedings

More information at https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

You would do well to mention that you intend to defend the charge. Keep any proof of having bought/possessed the railcard. Edit: I've re-read your post and it sounds like you were travelling on a Railcard ticket without said Railcard. In this case you will still need to plead not guilty but then contact the train company in question (who is also the prosecutor in this case) to try and settle it out of court.

It should be reasonably straightforward to defend, but a solicitor really can be worth the money in my view.

I spoke to someone at the court, and they sent me this link to do the statutory declaration - https://options-after-magistrates-court-decision.form.service.justice.gov.uk/

Can you confirm if it's the same form please?

 

[Snow1964]

Sorry, I wasn't very clear. My girlfriend owns the railcard. She booked the ticket with her 16-25 railcard, and I (older than 25) traveled with the railcard. We have the railcard and evidence of ticket purchase.

I appreciate your help!

Ok, clear now

Your girlfriend bought you a ticket that was only valid with a 16-25 railcard
You are over 25 and don't have a railcard.

Owning a railcard is not the question, it has be with the person travelling, and they need their own railcard (which you don't have)

So ticket was not valid for you to use, effectively you had no valid ticket on the train.

Your girlfriend caused the problem, but any claim or fine will be against you. (It is the person travelling, regardless of who bought the wrong ticket) It is upto you if you ask her to cover all or part of any settlement figure.

 

[baba4]

Could you please review this form to ensure I am completing it correctly? I am now worried as I understand this could be recorded on my DBS as a criminal record.

To make a statement in court, would I have to be physically present at the court? When can I get in touch with the Train company to settle this?

Thank you guys for all your help.

 

[island]

Could you please review this form to ensure I am completing it correctly?

You have not explained why you think you are not guilty of the offence, that needs to be added.

I am now worried as I understand this could be recorded on my DBS as a criminal record.

You already have a criminal record until such time as the court processes your statutory declaration. Statutory declarations cannot be done online or over the phone, only in person.

To make a statement in court, would I have to be physically present at the court?

Yes. After completing the form you will be given a time and date to attend court for this purpose.

When can I get in touch with the Train company to settle this?

Whenever you want.

Thank you guys for all your help.

You're welcome, but let's not forget not everyone on her identifies as a "guy".

 

[baba4]

You have not explained why you think you are not guilty of the offence, that needs to be added.

Could you please suggest what points to highlight here?

You already have a criminal record until such time as the court processes your statutory declaration. Statutory declarations cannot be done online or over the phone, only in person.

Would it be the same court?

You're welcome, but let's not forget not everyone on her identifies as a "guy".

Apologies and noted

 

[SuspectUsual]

Could you please suggest what points to highlight here?

Your issue is that, based on what you've said, you are guilty of the offence. However, it's the sort of offence that, based on what we see, is generally dealt with outside of the courts if the person realises what's going on and engages constructively with the train company - it doesn't normally get as far as court. In your case, that hasn't happened, so the general view is that you plead not guilty in order to buy time to contact the train company and persuade them to offer you an out of court settlement and withdraw the prosecution.

Also, you need to do your statutory declaration via a solicitor, not directly with the court, as the court option can mean being asked to plead immediately and the case being heard, which is obviously not what you want to happen

 

[baba4]

Your issue is that, based on what you've said, you are guilty of the offence. However, it's the sort of offence that, based on what we see, is generally dealt with outside of the courts if the person realises what's going on and engages constructively with the train company - it doesn't normally get as far as court. In your case, that hasn't happened, so the general view is that you plead not guilty in order to buy time to contact the train company and persuade them to offer you an out of court settlement and withdraw the prosecution.

Also, you need to do your statutory declaration via a solicitor, not directly with the court, as the court option can mean being asked to plead immediately and the case being heard, which is obviously not what you want to happen

Thank you! Now I need to find a solicitor

 

[WesternLancer]

View attachment 183395View attachment 183397

Could you please review this form to ensure I am completing it correctly? I am now worried as I understand this could be recorded on my DBS as a criminal record.

To make a statement in court, would I have to be physically present at the court? When can I get in touch with the Train company to settle this?

Thank you guys for all your help.

I've just read this thread and I don't think you yet fully understand what has happened, what has gone wrong and what you can now do about it.

Sorting this out is potentially a rather complicated step by step process that people here will guide you through but you need to do it carefully and you need to understand exactly what to do.

I would suggest that for at least 24 hours you do not fill in or submit any on line forms until you understand fully what has happened and what you need to go on to do.

I believe you have 21 days from when you found out you had been found guilty of this offence without you knowing it (which is presumably what the letter you have uploaded from the court is telling you) - to re-set the clock on all this and start again so that you have a hope of undoing the guilty verdict and settling the matter without court involvement at all.

Unless you are hard up against that deadline then I think it is worth you letting people advise you clearly what has happened, why it has happened and what you should do as your next steps

Can you clarify when you first learned about the court action against you (the date)? - would that have been when you received the demand letter for £678 that you have uploaded?

 

[baba4]

Can you clarify when you first learned about the court action against you (the date)? - would that have been when you received the demand letter for £678 that you have uploaded?

Yes, I found out about this court action today, the 9th of July when I received the uploaded letter

 

[simonw]

Yes, I found out about this court action today, the 9th of July when I received the uploaded letter

How did they get your current address?

You appear to be guilty of the offence as you travelled with a railcard discounted ticket but do not hold a valid railcard.

The advice here tends to be to do the statutory declaration at a solicitors, get the case reset and then try and engage with the train operating company to get an out of court settlement.

 

[baba4]

How did they get your current address?

You appear to be guilty of the offence as you travelled with a railcard discounted ticket but do not hold a valid railcard.

The advice here tends to be to do the statutory declaration at a solicitors, get the case reset and then try and engage with the train operating company to get an out of court settlement.

I have no idea how they got my current address. As I mentioned earlier, I obtained a new driver's license with my current address; perhaps that's how they got it.

 

[WesternLancer]

Yes, I found out about this court action today, the 9th of July when I received the uploaded letter

OK - so you have a bit of time over next few days to sort out the Statutory Declaration (SD) - take this time to get the advice from here on how best to do that - don't do that in a hurry but don't put it off too long (assuming you do not want to employ a solicitor to handle this whole things for you which would probably cost over £700 in solicitors fees, but that is an option if you want professional help)

There are some experts here on the SD process who can give you good advice so wait a bit for people to have the chance to share that advice in my view.

If you want to see how SD cases can work out have a look at this thread (it's actually more complex than yours so don't let it worry you but it will help you get the idea if you read it..

It shows what can go wrong if things ignored or letters not received, and how the person concerned eventually resolved this

https://www.railforums.co.uk/threads/help-with-hmcts-baliffs.284728/

and specifically see my post #14 in that thread


== Doublepost prevention - post automatically merged: 9 Jul 2025 ==

I have no idea how they got my current address. As I mentioned earlier, I obtained a new driver's license with my current address; perhaps that's how they got it.

By the time people have been found guilty, sentenced, given the court fine (the court punishment for the offence) the court service is quite good at eventually finding people....