Further steps notice - but they have the wrong man!

[gchan2845]

Hello,

I seem to be in a bit of a strange situation so posting here in the hope that someone can offer me some guidance.

On 4th feb 2025 out of the blue I received a further steps notice in the post which mentioned a fine of £540 but didn't actually say what it was for. When I emailed the address on the notice, I was told it pertains to a ruling at Reading magistrates court which was held on 14th nov 2024 which in turn was for an offence committed on 11 Apr 2024. The offence was for someone attempting to travel on a train at ipswich station without a valid ticket. But the catch is that I have never actually been to Ipswich or Ipswich station, and I dont think I've ever actually been on a greater anglia train!

In addition, I was told the address that was given at the time of the offence- and it isn't mine, and not connected to me in any way. This possibly explains why I had no notice of proceedings before I received the further steps notice.

I managed to get in touch with a lawyer who suggests going the statutory declaration route which makes sense to me, but I still find it puzzling how I could have gotten mixed up in this. Could it be identity fraud? Or an adminstrative error? Has anyone else been in a similar situation?

Thanks a lot for any help/advice/guidance.

 

[jfollows]

Statutory Declaration.
You need to reset the conviction which you currently have.
Then you can plead not guilty and take it from there.
Remember that they hold the burden of proof - you don’t have to prove it wasn’t you, they have to prove it was you. Obviously if you have simple proof that it wasn’t you it’d be silly not to use it.

Many people give incorrect details when caught and it’s possible in some way that this has translated to you for whatever reason.

 

[gchan2845]

Statutory Declaration.
You need to reset the conviction which you currently have.
Then you can plead not guilty and take it from there.
Remember that they hold the burden of proof - you don’t have to prove it wasn’t you, they have to prove it was you. Obviously if you have simple proof that it wadn’t you it’d be silly not to use it.

Thank you Jfollows for the reply. As it happens, I was at work on 11 April 2024, the day the offence is alleged to have occurred, and luckily my employer records my entry and exit from the office building, and after work on that day I happened to watch a movie at Leicester square with my sister, and I have a selfie there as well as ticket confirmations for the movie we watched (Wong Kar Wai's Fallen Angels). So I can account for me not being anywhere near ipswich from 6am to around 9pm! Frustratingly, the SJS (single justice service centre) wont tell me what time of day the offence is alleged to have occurred!

I'm curious though as to how they could have gotten hold of my name and address?! I also wonder what sort of "evidence" they could possibly have for the court to convict "me" (even if it was in my absence)?

 

[Hadders]

Welcome to the forum!

As already noted a Statutory Declaration is what you need to do.

Sadly, these things do happen from time to time. People caught often give false details and administrative errors sometimes also get made. It should be relatively straightforward to sort out, especially given the evidence you have to show you were elsewhere at the time the offence took place.

 

[Gloster]

You need to make the Statutory Declaration in person within 21 days of learning about the conviction. Others will give more details, but I think it is either at a solicitor’s office at a cost of £5 or at a court, possibly the court concerned, although that has the risk that they might push you straight in and hear it again before you have got in touch with the railway.

I am not an expert.

 

[tixy]

As previously mentioned, this can be sorted out relatively simply. You need to lodge a statutory declaration. Download the following form

Statutory declaration of ignorance of proceedings

Use this form to make a declaration of ignorance of proceedings

www.gov.uk

Once completed you can take it to your local court and ask to be listed to lodge it for free in open court.

Once lodged the court will ask for a plea. You can plea not guilty there and then, stating that you were not the person stopped and that you can prove this.

The court will then book a trial date and the railway will write to you. Simply state that you were not in Ipswich at the time. The onus is then on the railway to prove it was you and is likely to drop the case when they see your evidence.

This happens often especially if your details are in the public domain, so I would check and report to Action fraud if anything is found.

Due to the further steps notice, I would also contact the fines officer at the court who issued the notice, stating that you have lodged a statutory declaration and to put any enforcement on hold. It’s common that the court you lodged at takes time to filter the stat dec to the fines officer and the last thing you need is a warrant issued in error.

 

[gchan2845]

Thanks so much for the advice @martinchapman8 @Gloster and @Hadders

I actually paid the fine as soon as I read through the further steps notice. I didn't want to risk having my vehicle clamped and/or having a warrant out for my arrest which is what the notice threatened. Since the further steps notice didnt actually say what the fine was for I thought it might be a parking ticket I'd forgotten to pay or possibly a fine for driving in a bus lane, which happened to me a few years ago. I thought it better to pay the fine and then make enquiries and challenge if merited. Hopefully that wont be seen as admission of guilt.

I'll post any developments/updates here.

Thanks again for the help. What a great resource this forum is.

 

[tixy]

There is no admission of guilt in paying a criminal fine, unlike a civil ticket or a fixed penalty.

This is what the stat dec route is designed for. If you are successful, the court will refund the fine you paid.

Just make sure you lodge it within 21 days of coming across the further steps notice.

 

[WesternLancer]

Thanks so much for the advice @martinchapman8 @Gloster and @Hadders

I actually paid the fine as soon as I read through the further steps notice. I didn't want to risk having my vehicle clamped and/or having a warrant out for my arrest which is what the notice threatened. Since the further steps notice didnt actually say what the fine was for I thought it might be a parking ticket I'd forgotten to pay or possibly a fine for driving in a bus lane, which happened to me a few years ago. I thought it better to pay the fine and then make enquiries and challenge if merited. Hopefully that wont be seen as admission of guilt.

I'll post any developments/updates here.

Thanks again for the help. What a great resource this forum is.

Obviously Perhaps it’s someone who somehow knows your details so in addition to all this it is worth taking identity theft precautions eg change passwords, get removed from electoral register at old address, and register at current address (check with the council concerned), check organisations that may write to you on paper have the correct address for you.

 

[Fawkes Cat]

Obviously it’s someone who somehow knows your details so in addition to all this it is worth taking identity theft precautions eg change passwords, get removed from electoral register at old address, and register at current address (check with the council concerned), check organisations that may write to you on paper have the correct address for you.

This is good advice - but given that the further steps notice was the first that the OP heard, it's not impossible that by sheer luck the actual offender gave something like the OP's name (so if the OP is Charles Dickens the offender said they were Chas Dickson) and something like the OP's address (so OP lives at 1 High Street, Anytown: offender said 10 High Road, Anytown) and the system hit on the OP by mistake. It's not unknown for criminals to lie, so the courts might expect a loose fit sometimes between the facts as declared and in reality.

Which is to say that it's well worth the OP checking out that everything is ok with their data security - but they shouldn't be surprised if everything looks fine.

 

[jfollows]

I'm curious though as to how they could have gotten hold of my name and address?! I also wonder what sort of "evidence" they could possibly have for the court to convict "me" (even if it was in my absence)?

Someone else was caught and reported, who gave your name and an address. They may have the same name as you, or they may simply have given your name.
Nobody responded to further letters, and the court process worked through and convicted someone in their absence.
Now that the fine is due to be paid, someone searched the information they had at hand and came up with your name and your current address. Which is when you received the "further steps notice".
The Statutory Declaration will unwind all of this.
It could be an administrative error by the courts, it could be that the real culprit gave a false name, in the end it doesn't matter. As others have said, if you make the SD (and plead "not guilty" if required to at the time) you should ultimately get this sorted out. It might be "just" an administrative error by the court system, or it could be more deliberate "identity fraud".

 

[Haywain]

Obviously it’s someone who somehow knows your details

That's not at all obvious. The name is the same or similar but the address given was different and the court or bailiffs have traced it to the OP. It appears to be just an unfortunate situation that we see occasionally. The worst part of it that once the court system decides they've got the right address the OP has to submit a statutory declaration and the original offender is, or appears to be, in the clear.

 

[WesternLancer]

That's not at all obvious. The name is the same or similar but the address given was different and the court or bailiffs have traced it to the OP. It appears to be just an unfortunate situation that we see occasionally. The worst part of it that once the court system decides they've got the right address the OP has to submit a statutory declaration and the original offender is, or appears to be, in the clear.

Thanks for that observation / explanation.

 

[pedr]

Is there no way to get the court system to investigate whether it is trying to enforce a fine against the wrong person? In the sense that a different real person was convicted, and the error is in connecting that conviction with someone who never had criminal proceedings brought against them?

I can understand that it might be better/quicker/more certain to use the Statutory Declaration and assume/accept that the OP is the currently (wrongly) convicted person, but surely there's a chance that something different has gone wrong?

 

[etr221]

Is there no way to get the court system to investigate whether it is trying to enforce a fine against the wrong person? In the sense that a different real person was convicted, and the error is in connecting that conviction with someone who never had criminal proceedings brought against them?

My understanding (a friend having been in that situation, after a different person had been convicted in court, but the court/bailiff came after my friend) is that it is possible, but not quick or easy, and it involved getting a solicitor and going to court to get a legal finding that he was not the different person, and that the court/bailiff should look elsewhere.

I can understand that it might be better/quicker/more certain to use the Statutory Declaration and assume/accept that the OP is the currently (wrongly) convicted person, but surely there's a chance that something different has gone wrong?