Court next month.

[Intodee451]

Hi all.

many thanks for all responses.

firstly. Speaking to my employers at the time is not a bad shout. Thank you for that suggestion.

I was living at my mums at the time and the magistrates court said they sent all paperwork to an address that’s in my mums flat block but not her flat.
That info and the date and time of offence is literally all I have been given in terms of info. The paperwork doesn’t identify the company prosecuting but after a search thameslink seem to be the only TOC at Tooting rail station so I’m assuming it’s them.

 

[Haywain]

Speaking to my employers at the time is not a bad shout. Thank you for that suggestion.

I'm not sure how helpful this will be - if you were off sick it will only show where you weren't, not where you were.

 

[Bill57p9]

I suggest you contact your local Citizens Advice Bureau as they will be able to give you some legal advice without you incurring the cost of a solicitor.

Finding some evidence that you were somewhere else (employer, photo, social media post) stood my wife in good stead when she was accused of driving away without paying for petrol several years ago. (She drove a diesel and her car didn't match the description but that didn't seem to stop the claims management firm...)

 

[Intodee451]

Thank you both.

you are right it won’t prove where I was didn’t cross my mind !

yeah I’m going to get on to the citizens advice first thing tomorrow.
Will inform of their response.

thanks again everyone

 

[Islineclear3_1]

Another consideration re bank statements: if you made any transactions over a weekend/bank holiday, then depending on whom you bank with, the date of transaction may show as the first working day thereafter.

 

[Intodee451]

Another consideration re bank statements: if you made any transactions over a weekend/bank holiday, then depending on whom you bank with, the date of transaction may show as the first working day thereafter.

Top man. Will go back into statements and check the transactions after.

 

[RunawayTrain]

the paperwork was apparently sent to my mums next door neighbour which is a house I’ve never been in or resided at.

Can you think of anybody who knows where you were living and would have falsely given your name and (almost) your address to the inspector? If you can identify a likely culprit perhaps it might help your case. To be honest, the person must have known you in order to have your name and flat block, and to set you up like this and cause you all this worry is just plain nasty and quite cruel.

 

[Haywain]

Can you think of anybody who knows where you were living and would have falsely given your name and (almost) your address to the inspector? If you can identify a likely culprit perhaps it might help your case.

To suggest that to help the OP's case they potentially point the finger at another innocent party is deeply unhelpful. The OP needs to concentrate on their own case and nothing more.

 

[RunawayTrain]

To suggest that to help the OP's case they potentially point the finger at another innocent party is deeply unhelpful. The OP needs to concentrate on their own case and nothing more.

Not if the other party admits it - it could be an ex or something.

 

[Haywain]

Not if the other party admits it - it could be an ex or something.

That's really likely to happen, isn't it?

 

[SuspectUsual]

Not if the other party admits it - it could be an ex or something.

I think the number of people who would answer “yes” to a question of “I’m being taken to court but it wasn’t me, did you use my name and (nearly) my address?” is vanishingly small

 

[RunawayTrain]

That's really likely to happen, isn't it?

Who knows? We certainly don't. The fact of the matter is that according to the OP somebody they know (or knew) must have.

 

[SuspectUsual]

Who knows? We certainly don't. The fact of the matter is that according to the OP somebody they know (or knew) must have.

No they didn’t. You suggested it

 

[RunawayTrain]

No they didn’t. You suggested it

What is this - pedant's corner? In order for the OP to have their name and (almost) address given to the inspector, the person travelling must have known them. So it is almost certain that the OP would know them. I cannot believe it is not helpful to at least be mindful of this aspect.

 

[Haywain]

In order for the OP to have their name and (almost) address given to the inspector, the person travelling must have known them. So it is almost certain that the OP would know them.

Cobblers. I could give names and addresses for several people who have never met me. Someone employed in deliveries could probably manage dozens.

And no, it's not pedants corner but it is a place for giving useful advice to those seeking it.

 

[RunawayTrain]

Cobblers. I could give names and addresses for several people who have never met me. Someone employed in deliveries could probably manage dozens.

Not on the cuff, when questioned live by an inspector.

 

[Fawkes Cat]

Can you think of anybody who knows where you were living and would have falsely given your name and (almost) your address to the inspector? If you can identify a likely culprit perhaps it might help your case.

To go with the consensus here, but for rather different reasons, I don't think this is good advice. If the railway don't drop the case, then it's up to them to prove their point. I've been among those suggesting that you could help the court by producing evidence that at least suggests that the railway are wrong to point the finger at you - but you don't need to go beyond that. To name someone else as the person who gave your details is (except in the highly unlikely circumstance of someone coming clean to you) nothing more than speculation, and I would expect the magistrates to see it as that.

I've no doubt that the advice is well-meant, but my suggestion would be to not follow it.

 

[RunawayTrain]

To go with the consensus here, but for rather different reasons, I don't think this is good advice. If the railway don't drop the case, then it's up to them to prove their point. I've been among those suggesting that you could help the court by producing evidence that at least suggests that the railway are wrong to point the finger at you - but you don't need to go beyond that. To name someone else as the person who gave your details is (except in the highly unlikely circumstance of someone coming clean to you) nothing more than speculation, and I would expect the magistrates to see it as that.

I've no doubt that the advice is well-meant, but my suggestion would be to not follow it.

Fair enough, although I wasn't suggesting the OP name someone else without their admittance, it was with the expectation that somebody would have come clean to the OP. Perhaps unlikely, but relationships are complex and maybe someone may come clean when challenged. Just one further point, legal advice is important, but this forum isn't specifically and only for legal advice. It may serve the OP's peace of mind to have this mystery cleaned up. I'd be damned curious, wouldn't you?!

 

[Haywain]

Not on the cuff, when questioned live by an inspector.

I used to be a postman - name address and postcode for multiple addresses would be very easy

 

[Western Sunset]

I always keep a copy of the electoral roll in my back pocket, just in case...

Getting back to the OP, I hope it turns out satisfactorily in the end.

 

[RunawayTrain]

I used to be a postman - name address and postcode for multiple addresses would be very easy

OK Pat, you win. Let's assume the offender was a postman

 

[island]

On the point of bank statements, if you believe one would help, your bank can produce it for you; they almost all keep transactions going back 5-6 years or more.

 

[Intodee451]

Hello All.

I have today attended court on behalf of my original post.

I went to court. Signed in saw the prosecutor who told me my 2 hour to journey to court was a a waste of time as that is not the court that the train company operates from. They sent me to the wrong court.

they have now adjourned till October 20th where I must attend bank court.

 

[Wolfie]

Who's error was this? The Court Service or the TOC? If the latter l would have been seeking proof that l had attended the Court on the date specified with a view to expecting full compensation for my nugatory costs incurred as a result of their error.

 

[Intodee451]

The said it was the TOC’s
And they have said they won’t be compensating me also as it’s not their mistake essentially.

 

[Wolfie]

The said it was the TOC’s
And they have said they won’t be compensating me also as it’s not their mistake essentially.

It's not the Court's error l agree. The TOC on the other hand....

I wouldn't pursue too hard now above an initial letter (which might attract an offer of compensation) but l certainly would be bringing it to the attention of the Court hearing the case. Furthermore, just as soon as the criminal case was over, l would immediately be filing a civil case against the TOC for any expenses and lost income incurred as a result.

 

[Intodee451]

Yeah it was going to be the first thing I said when I go to Bank court.
I am a single father who is not currently working and have spent 4 hours travelling to and from court only to waste my time.
To be honest is it even worth pursuing expenses lost ?
I just want the whole ball ache of a episode to be done with now.

 

[Haywain]

I went to court. Signed in saw the prosecutor who told me my 2 hour to journey to court was a a waste of time as that is not the court that the train company operates from. They sent me to the wrong court.

they have now adjourned till October 20th where I must attend bank court.

Are you saying you received a summons which stated the court you attended today? I struggle to see how a case could be adjourned if it was not the court where it was due to be held.

 

[Intodee451]

Yes.
I have no idea. First time in court. Was just literally handed a piece of paper after and told me the case would be adjourned till the new date & court.

 

[syorksdeano]

Does your phone have location settings switched on? Could be another way to prove where you was at the time