Court for a travel fine I didn't know about

[Vanessaaa]

Last year, I was stopped by transport police for failing to show my railcard when I had been travelling with a rail card ticket. This ticket was not purchased by me, but by my friend who booked both of our tickets. She mistakenly booked me a ticket for railcard holders. I wasn't even aware of this until it was pointed out to me by the ticket inspector. I believe the price difference between the rail card ticket, and non-rail card ticket was only a couple of pounds, and she did not book the wrong ticket intentionally. I was not given a fine but asked for my details and address. I provided these and showed her my driver’s license to prove all my details were correct.

After this, I did not receive any correspondence about any fine or charge, until last week, when I received a Further Steps notice in the post. After contacting the Single Justice Service I was informed that since I had not responded to any fines, a hearing had been held and, in my absence, I had been found guilty. I was now being asked to pay over £400, and being threatened with further enforcement procedures if I did not pay, including visits from bailiffs, contacting my employer and taking the amount from my wages, and even arrest.

I explained that I had not received any correspondence and was told that all previous correspondence before the Further Steps notice had been sent to an incorrect address (the flat number was wrong). I was told to send a Webform appealing my conviction, and to request my case to be reopened as I was unaware of any charges against me.

I have done this and decided to plead not guilty to the original offence. This is because I am trying to avoid a conviction, as I am worried about it damaging my career. If I had received a fine in the post, I would have been willing to pay it to avoid a conviction, but I did not have an opportunity to communicate with the train company and settle this issue outside of court. I'm hoping to settle the matter now, before my hearing so that I can avoid a conviction.

I was wondering if anyone has any advice on how to settle this matter, how to proceed, or the likelihood that I will be found not guilty. I know I am able to change my plea at the hearing itself, but at this moment I am trying to avoid a conviction at all costs.

== Doublepost prevention - post automatically merged: 28 Mar 2025 ==

I had been travelling from Liverpool Street to Stansted on the Stansted Express. I think my friend had purchased the tickets on the trainline app.

 

[Titfield]

I do not think you have been given the correct advice.

You should have been advised to make a Statutory Declaration (that you were unaware of the proceedings).

This should be done at a Solicitors who make a standard charge. (I think this is £5).

This has the effect of going back in time to before the court proceedings. You will then be sent a new summons to which you plead not guilty.

This buys you time to contact the Train Operating Company(TOC)and endeavour to get them to withdraw the proceedings (by getting them to offer you an out of court settlement which you agree to and settle). There is no obligation on a TOC to offer an out of court settlement but most TOCs prefer to avoid prosecution.

If you search this forum (top right hand corner) and use the term statutory declaration you can find threads that explains this in more detail.

The advice from @Hadders what to say to the train Operating company should be followed.

 

[Vanessaaa]

I do not think you have been given the correct advice.

You should have been advised to make a Statutory Declaration (that you were unaware of the proceedings).

This should be done at a Solicitors who make a standard charge. (I think this is £5).

This has the effect of going back in time to before the court proceedings. You will then be sent a new summons to which you plead not guilty.

This buys you time to contact the Train Operating Company(TOC)and endeavour to get them to withdraw the proceedings (by getting them to offer you an out of court settlement which you agree to and settle). There is no obligation on a TOC to offer an out of court settlement but most TOCs prefer to avoid prosecution.

If you search this forum (top right hand corner) and use the term statutory declaration you can find threads that explains this in more detail.

The advice from @Hadders what to say to the train Operating company should be followed.

Yes, the webform on gov.uk included making a Statutory Declaration, however, I will be making it at a Magistrates Court rather than at a Solicitors. it also asked me for my plea for the original offence, where I pleaded not guilty. I will check out the forum, thanks.

 

[Gloster]

Yes, the webform on gov.uk included making a Statutory Declaration, however, I will be making it at a Magistrates Court rather than at a Solicitors. it also asked me for my plea for the original offence, where I pleaded not guilty. I will check out the forum, thanks.

If you make it at a Magistrates Court there is risk that they might hear the case again immediately, before you have had time to contact the train company. In that case, based on what you said in #1, you would be found guilty.

I am not an expert: they should be along with more information soon.

 

[Vanessaaa]

If you make it at a Magistrates Court there is risk that they might hear the case again immediately, before you have had time to contact the train company. In that case, based on what you said in #1, you would be found guilty.

I am not an expert: they should be along with more information s

Would it be possible for me to reach out to the train company before going to Magistrates court and making the statutory declaration? The reason I chose that option was because I was afraid I would not be able to afford a solicitor.

Also, would I be able to change my mind and complete the Statutory declaration with the solicitor instead of the Magistrates, now that I have already filled out the form?

== Doublepost prevention - post automatically merged: 28 Mar 2025 ==

If you make it at a Magistrates Court there is risk that they might hear the case again immediately, before you have had time to contact the train company. In that case, based on what you said in #1, you would be found guilty.

I am not an expert: they should be along with more information soon.

Would it be possible for me to reach out to the train company before going to Magistrates court and making the statutory declaration? The reason I chose that option was because I was afraid I would not be able to afford a solicitor.

Also, would I be able to change my mind and complete the Statutory declaration with the solicitor instead of the Magistrates, now that I have already filled out the form?

 

[WesternLancer]

Yes, the webform on gov.uk included making a Statutory Declaration, however, I will be making it at a Magistrates Court rather than at a Solicitors. it also asked me for my plea for the original offence, where I pleaded not guilty. I will check out the forum, thanks.

The usual advice on here is not to do the SD at a magistrates court. If you do it via a solicitor (just for the token fee, you are not asking the solicitor to represent you in this matter ) it buys you a window of time to try to obtain an out of court settlement with the railway company.

Such settlements are cheaper than the fines a court will levy usually and do not incur a criminal record.

 

[Vanessaaa]

The usual advice on here is not to do the SD at a magistrates court. If you do it via a solicitor (just for the token fee, you are not asking the solicitor to represent you in this matter ) it buys you a window of time to try to obtain an out of court settlement with the railway company.

Such settlements are cheaper than the fines a court will levy usually and do not incur a criminal record.

Would it be possible for me to reach out to the train company before going to Magistrates court and making the statutory declaration?
Also, would I be able to change my mind and complete the Statutory declaration with the solicitor instead of the Magistrates, now that I have already filled out the form?

 

[womble10]

Would it be possible for me to reach out to the train company before going to Magistrates court and making the statutory declaration?
Also, would I be able to change my mind and complete the Statutory declaration with the solicitor instead of the Magistrates, now that I have already filled out the form?

It would be best to do it at a solicitor's. They are unlikely to charge more than a tenner (phone a high street firm near you and ask how much it'll cost beforehand). What form have you filled? You can't make a sd by yourself.

 

[WesternLancer]

Would it be possible for me to reach out to the train company before going to Magistrates court and making the statutory declaration?

Well, there's nothing to stop you doing that but I seem to recall from other cases on here that the railway company will just say there is nothing they can do because you are dealing with a fine from the courts (ie you have not been fined by the railway company, they have brought the prosecution, but it's the court that found you guilty and punished you with a fine) - they will say they can't do anything until the Statutory Declaration (SD) process has been undertaken.

As soon as the SD is in you should tell the railway company, and in fact I can see no reason not to try and open a dialogue with them soon by writing to them (not phoning) to say -
- you've just found out about the case,
- they appear to have been sending paperwork to the wrong address,
- you've not been deliberately ignoring their letters,
- you are anxious to resolve the matter without court action,
- and that you are in the process of arranging a SD because you were completely unaware of the court action.

After doing the SD there will be a good opportunity to engage with the Railway company - but it's vital you get the time to do that. Esp as it seems that all of this is rather the railway's fault for sending the paperwork to the wrong address (beyond your friends error of buying you an invalid ticket in the first place)

Also, would I be able to change my mind and complete the Statutory declaration with the solicitor instead of the Magistrates, now that I have already filled out the form?

I don't know for sure but it would seem odd if you could not withdraw it to make other arrangements. I'm afraid I can't answer this myself.

Some of the people who give excellent advice on court process and SDs may be able to answer that - perhaps @Puffing Devil and/ or @island may know about how best to go about that.

More generally this thread might be worth you looking over

Statutory declaration hearing

Hello I was hopping to get some advice here as I’ve asked around with friends and family and can’t seem to find anyone in my situation I’m a 2nd year university student and around September 2023 i was caught with no train ticket I filled the form with my details and they said they were going to...

www.railforums.co.uk

There are other good and informative threads on SDs but I just can't find one at the moment

But over the weekend I'm sure people will give you advice on this and answer your questions, you won't have to rely on other threads.

 

[Vanessaaa]

Well, there's nothing to stop you doing that but I seem to recall from other cases on here that the railway company will just say there is nothing they can do because you are dealing with a fine from the courts (ie you have not been fined by the railway company, they have brought the prosecution, but it's the court that found you guilty and punished you with a fine) - they will say they can't do anything until the Statutory Declaration (SD) process has been undertaken.

As soon as the SD is in you should tell the railway company, and in fact I can see no reason not to try and open a dialogue with them soon by writing to them (not phoning) to say -
- you've just found out about the case,
- they appear to have been sending paperwork to the wrong address,
- you've not been deliberately ignoring their letters,
- you are anxious to resolve the matter without court action,
- and that you are in the process of arranging a SD because you were completely unaware of the court action.

After doing the SD there will be a good opportunity to engage with the Railway company - but it's vital you get the time to do that. Esp as it seems that all of this is rather the railway's fault for sending the paperwork to the wrong address (beyond your friends error of buying you an invalid ticket in the first place)


I don't know for sure but it would seem odd if you could not withdraw it to make other arrangements. I'm afraid I can't answer this myself.

Some of the people who give excellent advice on court process and SDs may be able to answer that - perhaps @Puffing Devil and/ or @island may know about how best to go about that.

More generally this thread might be worth you looking over

Statutory declaration hearing

Hello I was hopping to get some advice here as I’ve asked around with friends and family and can’t seem to find anyone in my situation I’m a 2nd year university student and around September 2023 i was caught with no train ticket I filled the form with my details and they said they were going to...

www.railforums.co.uk

There are other good and informative threads on SDs but I just can't find one at the moment

But over the weekend I'm sure people will give you advice on this and answer your questions, you won't have to rely on other threads.

Thank you so much for the reply, I'll have a look at the thread. I might attempt to email sjs@justice.gov.uk and try to amend my type form, stating that I wish to make the Statutory Declaration with a solicitor rather than with the court. I really want an opportunity to settle with the railway company, as avoiding a conviction is what is most important to me.

I'm just worried that they will take too long to reply, especially since I don't have a lot of time left to send the SD. Do you think it would be worth call the Single Justice Service and letting them know I wish to make the SD with a solicitor instead?

 

[WesternLancer]

Thank you so much for the reply, I'll have a look at the thread. I might attempt to email sjs@justice.gov.uk and try to amend my type form, stating that I wish to make the Statutory Declaration with a solicitor rather than with the court. I really want an opportunity to settle with the railway company, as avoiding a conviction is what is most important to me.

I'm just worried that they will take too long to reply, especially since I don't have a lot of time left to send the SD. Do you think it would be worth call the Single Justice Service and letting them know I wish to make the SD with a solicitor instead?

Well, I'm not sure on that process, but given I doubt they would be dealing with e-mails or calls over the weekend my hunch is you can wait until Sunday to see replies on here that will help you with this point.

And yes, securing the out of court settlement should be your objective. I think very high chance of the railway company (who are they? Is it Greater Anglia?) settling it out of court - it's just you need to follow the right procedure in the right order to get to that point. People here will give you good advice on that.

 

[Vanessaaa]

Yes, Greater Anglia

 

[WesternLancer]

Yes, Greater Anglia

They typically are open to settling from the cases we see on here involving Greater Anglia

 

[Vanessaaa]

They typically are open to settling from the cases we see on here involving Greater Anglia

ok that's good news

 

[Gloster]

One thing that I don’t think has been mentioned above, although it may be on the form, is that the court should receive the Statutory Declaration within twenty-one days of you becoming aware of the conviction.

 

[styles]

Just as it's not mentioned as far as I can see, if a second hearing does go ahead, it's very likely you'd be found guilty.

It is a strict liability offence, meaning the court merely needs to be satisfied you were travelling without the correct ticket, and your intentions or that of your friend, are not relevant in determining guilt.

What I would say though is it's unlikely to affect job applications that significantly, even in roles with higher levels of background checks. It just means you'll have to be up front and honest about it, but if you explain the circumstances people will understand (or at least, the few employers who take an absolutist view towards such issues are places you probably don't want to work anyway). I've had roles reviewing adverse disclosures for people wanting to volunteer with vulnerable people and children, handling cash/finances, etc and I can't imagine turning somebody away because they once travelled with the wrong train ticket.

A conviction which results in merely a fine is spent after 1 year as well, so you won't have to declare it on job applications and it won't show up on a Basic DBS or Basic Disclosure Scotland check. It will be eligible for filtering off of Standard and Enhanced checks some years later also.

 

[Vanessaaa]

It would be best to do it at a solicitor's. They are unlikely to charge more than a tenner (phone a high street firm near you and ask how much it'll cost beforehand). What form have you filled? You can't make a sd by yourself.

I filled out this form. https://options-after-magistrates-court-decision.form.service.justice.gov.uk/

It tells the court I will be making a statutory declaration, and asks you whether you would like to do this in the magistrates court or solicitor's who charge a fee. I picked the magistrates, as it was before receiving advice on this thread. I am now trying to figure out if I can change it to Solicitors, as it seems this is my only attempt to settle outside of court without being found guilty.

 

[Vanessaaa]

Just as it's not mentioned as far as I can see, if a second hearing does go ahead, it's very likely you'd be found guilty.

It is a strict liability offence, meaning the court merely needs to be satisfied you were travelling without the correct ticket, and your intentions or that of your friend, are not relevant in determining guilt.

What I would say though is it's unlikely to affect job applications that significantly, even in roles with higher levels of background checks. It just means you'll have to be up front and honest about it, but if you explain the circumstances people will understand (or at least, the few employers who take an absolutist view towards such issues are places you probably don't want to work anyway). I've had roles reviewing adverse disclosures for people wanting to volunteer with vulnerable people and children, handling cash/finances, etc and I can't imagine turning somebody away because they once travelled with the wrong train ticket.

A conviction which results in merely a fine is spent after 1 year as well, so you won't have to declare it on job applications and it won't show up on a Basic DBS or Basic Disclosure Scotland check. It will be eligible for filtering off of Standard and Enhanced checks some years later also.

That is very reassuring, thanks. My issue is that I am a law student on track to qualify as a solicitor. Although the SRA (Solicitor's Regulatory Authority) does not take an absolutist approach to criminal convictions, I know that if this in on my record, I will have to show proof of reform, get sworn declarations from professionals they know about my conviction etc. I am trying to avoid this, as I have heard stories where this can delay qualification for months, since it can take time to process.

 

[womble10]

I filled out this form. https://options-after-magistrates-court-decision.form.service.justice.gov.uk/

It tells the court I will be making a statutory declaration, and asks you whether you would like to do this in the magistrates court or solicitor's who charge a fee. I picked the magistrates, as it was before receiving advice on this thread. I am now trying to figure out if I can change it to Solicitors, as it seems this is my only attempt to settle outside of court without being found guilty.

If I were in your position I would call the number on that page (0300 303 0656), explain the situation re the fact you wish to make your SD via a solicitor's, that you filled in the form before this, then ask (i) if it matters that you have already completed the form (I doubt this) and (ii) whether your response could be cancelled. I would be surprised if this presents an issue. It seems like a form to notify the court to expect you more than anything else.

 

[WesternLancer]

That is very reassuring, thanks. My issue is that I am a law student on track to qualify as a solicitor. Although the SRA (Solicitor's Regulatory Authority) does not take an absolutist approach to criminal convictions, I know that if this in on my record, I will have to show proof of reform, get sworn declarations from professionals they know about my conviction etc. I am trying to avoid this, as I have heard stories where this can delay qualification for months, since it can take time to process.

I agree with the advice you have been given in recent posts.

I note your chosen career and your analysis of hassle you wish to understandably avoid. Just to say there are solicitors in this field you could enlist to assist if you felt you wanted that help. They get mentioned from time to time on the forum so you could be pointed towards them if you want a solicitor to handle the whole thing. I have no connection with any firm nor have ever used any of them myself. Like most legal advice they are not cheap although not seemingly extortionate.

You would have to decide if the cost was worth minimising hassle in future job application scenarios. I would guess solicitors fees of a bit more than £500.

I’m not trying to push you down that route at all. I suspect you can handle it yourself with advice from here. Just in case it’s helpful for you to know the info.

 

[Puffing Devil]

If I were in your position I would call the number on that page (0300 303 0656), explain the situation re the fact you wish to make your SD via a solicitor's, that you filled in the form before this, then ask (i) if it matters that you have already completed the form (I doubt this) and (ii) whether your response could be cancelled. I would be surprised if this presents an issue. It seems like a form to notify the court to expect you more than anything else.

This matters not. All that will happen is that the OP will be given a date to attend court to swear the SD, then the court will most likely look to re-open.

The OP can easily bypass this by swearing the SD at a solicitor and sending it to the court with a note to say that there was already an application in the system to come in to swear, but they have used a solicitor instead.

 

[Vanessaaa]

This matters not. All that will happen is that the OP will be given a date to attend court to swear the SD, then the court will most likely look to re-open.

The OP can easily bypass this by swearing the SD at a solicitor and sending it to the court with a note to say that there was already an application in the system to come in to swear, but they have used a solicitor instead.

I think I will give the court a call on Monday and explain, and then do what you have said. How do you send a Statutory Declaration to the court, is it by post? Or does the solicitor send it for you?

 

[Vanessaaa]

I think I will give the court a call on Monday and explain, and then do what you have said. How do you send a Statutory Declaration to the court, is it by post? Or does the solicitor send it for you?

I am also unsure about which court to send it to, as I don't know where the original hearing took place since all correspondence was sent to the wrong address. I have asked the court service to disclose information about the hearing, but they have not yet responded. I only know the date that the hearing occurred and the case number. I'm just worried about timing as I now have 14 days left to make the Statutory Declaration.

 

[Vanessaaa]

I agree with the advice you have been given in recent posts.

I note your chosen career and your analysis of hassle you wish to understandably avoid. Just to say there are solicitors in this field you could enlist to assist if you felt you wanted that help. They get mentioned from time to time on the forum so you could be pointed towards them if you want a solicitor to handle the whole thing. I have no connection with any firm nor have ever used any of them myself. Like most legal advice they are not cheap although not seemingly extortionate.

You would have to decide if the cost was worth minimising hassle in future job application scenarios. I would guess solicitors fees of a bit more than £500.

I’m not trying to push you down that route at all. I suspect you can handle it yourself with advice from here. Just in case it’s helpful for you to know the info.

Thanks, I'm going to attempt to handle it myself I think as I can't really afford a solicitor at the moment, and wish to avoid is especially since the fees are likely to be more than the court fine itself which is currently £440.

 

[WesternLancer]

Thanks, I'm going to attempt to handle it myself I think as I can't really afford a solicitor at the moment, and wish to avoid is especially since the fees are likely to be more than the court fine itself which is currently £440.

Yes. And I think that is entirely possible with help from here. As I think you have identified your first step is the SD and getting that done in the best way that helps you with the next step.

Have you also checked any ticket buying records that might mean they think you have bought other railcard discounted tickets in error? Worth looking but would seem unlikely if it was your friend who bought the ticket and then discounted it in error.

 

[Puffing Devil]

I think I will give the court a call on Monday and explain, and then do what you have said. How do you send a Statutory Declaration to the court, is it by post? Or does the solicitor send it for you?

Send it by post, signed for or tracked, or drop it in if you're local. The solicitor will charge £5 for the privilege of witnessing the SD, plus £2 for a certified copy, which you should get for safety.

As you're studying law, you should be able to download and complete the form yourself before going to the solicitor to get it witnessed. https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

 

[Vanessaaa]

Yes. And I think that is entirely possible with help from here. As I think you have identified your first step is the SD and getting that done in the best way that helps you with the next step.

Have you also checked any ticket buying records that might mean they think you have bought other railcard discounted tickets in error? Worth looking but would seem unlikely if it was your friend who bought the ticket and then discounted it in error.

I've checked and according to my emails, I've only ever bought one other train ticket with Greater Anglia which was the correct one, so there shouldn't be any issues there.

== Doublepost prevention - post automatically merged: 30 Mar 2025 ==

Send it by post, signed for or tracked, or drop it in if you're local. The solicitor will charge £5 for the privilege of witnessing the SD, plus £2 for a certified copy, which you should get for safety.

As you're studying law, you should be able to download and complete the form yourself before going to the solicitor to get it witnessed. https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

I had a couple of questions regarding the statutory declaration:

1) At the top there is box which asks for the 'new case number'. I'm confused as to what to put in here, as I've only got the case number which I'm assuming is referring to the hearing I missed. Is this for court use or do I need to fill it in?

2) In the Statutory Declaration it states the following:

"Where the charges were tried under the Single Justice Procedure (SJP), you must also respond to the SJP notice in writing at the same time as serving the declaration."

How do you respond to an SJP notice? Since they had the wrong address on file, I do not have access to the SJP notice. Would it be enough to send a letter accompanying my Statutory Declaration that explains this, and stating that I wish to plead not guilty?

 

[island]

A response to a SJPN means one of the following three things:

• you wish to plead guilty and not attend court
• you wish to plead guilty and attend court
• you wish to plead not guilty/not have the case dealt with by SJP.

 

[Vanessaaa]

A response to a SJPN means one of the following three things:

• you wish to plead guilty and not attend court
• you wish to plead guilty and attend court
• you wish to plead not guilty/not have the case dealt with by SJP.

Thanks

 

[Puffing Devil]

@island has you covered! The New Case Number is for the court if it's relisted.