Prosecuted and Fined

[Paul71]

hello

i am new and totaly unsure what i should be doing.

on monday i found out i had been convicted and fined by a london court for fare evasion. i only found out because the fine was to be taken weekly from my Benefits.

in december 2011 i had a massive heart attack, i nearly lost my life. i then had heart surgery to stent my already weak and diseased heart. i am still recovering from the shock only just hitting middle age.
so it was to my suprise after contacting the court ( highbury corner) i , well the person using my name a date of birth caught a train and failed to pay.
he gave false details including my name and date of birth, had the court letter rerouted to an address in london.

i have lived in norfolk since 1981, been to london a couple time always using a coach to heathrow. i have never been convicted and and a do gooder as some would say.

i have to appear in my local court this week to swear on oath it was not me.
i would like help from the members of this forum on what i should do ?.
as i say i have never been in trouble ever. never used a train ,and was recovering from heart surgery and heart attack.

so not only was i false convicted of a crime i did not commit i am also having to pay fines and court costs for a offence i never even committed or knew about until monday just gone.

 

[Fare-Cop]

hello

i am new and totaly unsure what i should be doing.

on monday i found out i had been convicted and fined by a london court for fare evasion. i only found out because the fine was to be taken weekly from my Benefits.

in december 2011 i had a massive heart attack, i nearly lost my life. i then had heart surgery to stent my already weak and diseased heart. i am still recovering from the shock only just hitting middle age.
so it was to my suprise after contacting the court ( highbury corner) i , well the person using my name a date of birth caught a train and failed to pay.
he gave false details including my name and date of birth, had the court letter rerouted to an address in london.

i have lived in norfolk since 1981, been to london a couple time always using a coach to heathrow. i have never been convicted and and a do gooder as some would say.

i have to appear in my local court this week to swear on oath it was not me.
i would like help from the members of this forum on what i should do ?.
as i say i have never been in trouble ever. never used a train ,and was recovering from heart surgery and heart attack.

so not only was i false convicted of a crime i did not commit i am also having to pay fines and court costs for a offence i never even committed or knew about until monday just gone.

If you have clear and irrefutable evidence that you were somewhere else at the time of the alleged offence and therefore could not have been the offender, then making a declaration to that effect should be the end of the matter.

 

[455driver]

^^^ wot ee sed ^^^

If you have proof that you were not in London at the time the alledged offences took place then that will be the end of it.

They may be able to find out where the letters were re-directed to and work it from there, the prosecution department do enjoy a challenge.
If you have any idea who the imposter is I would be inclined to offer the name up as well, I know it shouldnt be an eye for an eye but they have caused you a lot of grief you could do without so do not deserve any compassion on your part.
Good luck with it all.

 

[Paul71]

If you have clear and irrefutable evidence that you were somewhere else at the time of the alleged offence and therefore could not have been the offender, then making a declaration to that effect should be the end of the matter.

what about the conviction and the fines. it is in my name on files etc etc now
how do i stop the person still using my name again to commit more rail offences.

should i be doing anything else ?

 

[michael769]

Based upon what you are saying I suspect that you are about to make a Statutory Declaration to the effect that you were prosecuted without your knowledge.

The declaration is merely a formality, after which the conviction will be quashed and the details passed back to the prosecutor. They are then free to decide if they with to attempt to reopen the prosecution. The declaration itself is merely a standard form that must be completed and signed in the person of a magistrate or commissioner of oaths you will not need to speak other than to confirm the details required for the completion of the form. It is quite straightforward and the clerk will assist you. If done by a magistrate it will be in chambers.

Once the declaration is filed it will be as if the prosecution had never occurred.

If they do so you will then have the opportunity to defend the allegation, at which point you will need to decide if you wish to instruct a solicitor, a good solicitor would be able to negociate with the prosecution with a view to convincing them that they had not correctly identified the offender and that proceeding with the case would be unlikely to succeed.

If they do proceed you will enevitably obtain more details about what is alledged and some of the more experienced forum members may be able to assist further in terms of advice, but dor the immediate short term my advice to proceed with the declaration and consider if you wish to wait for the prosecutors next move (which may be to drop things) or to engage a solicitor up front to discuss of they fell it would be benficial to reach out to the prosecutors with a view to convincing them it is not worth trying to reopent it.

 

[Paul71]

^^^ wot ee sed ^^^

If you have proof that you were not in London at the time the alledged offences took place then that will be the end of it.

They may be able to find out where the letters were re-directed to and work it from there, the prosecution department do enjoy a challenge.
If you have any idea who the imposter is I would be inclined to offer the name up as well, I know it shouldnt be an eye for an eye but they have caused you a lot of grief you could do without so do not deserve any compassion on your part.
Good luck with it all.

i have a very good idea of who the person was.
i found out he also did the same to his ex partner. she had two tickets an debt collection threats
as for giving name it is what i will be doing in court

 

[AntoniC]

I know this link http://www.pattersonlaw.co.uk/Offences/Court/Making-a-statutory-declaration.php

refers to driving, but its still applicable to you.

Have a read through and see if its use to you.

 

[455driver]

i have a very good idea of who the person was.
i found out he also did the same to his ex partner. she had two tickets an debt collection threats
as for giving name it is what i will be doing in court

What a devious <deleted>

Sounds like he needs a dose of his own medicine.

 

[Paul71]

Based upon what you are saying I suspect that you are about to make a Statutory Declaration to the effect that you were prosecuted without your kowledge.

The declaration is merely a formality, after which the conviction will be quashed and the details passed back to the prosecutor. They are then free to decide if they with to attempt to reopen the prosecution.

If they do so you will then have the opportunity to defend the allegation, at which point you will need to decide if you wish to instruct a solicitor, a good solicitor would be able to negociate with the prosecution with a view to convincing them that they had not correctly identified the offender and that proceeding with the case would be unlikely to succeed.

If they do proceed you will enevitably obtain more details about what is alledged and some of the more experienced forum members may be able to assist further in terms of advice, but dor the immediate short term my advice to proceed with the declaration and consider if you wish to wait for the prosecutors next move (which may be to drop things) or to engage a solicitor up front to discuss of they fell it would be benficial to reach out to the prosecutors with a view to convincing them it is not worth trying to reopent it.

yes highbury corner said contact local court ask to have it Statutory Declaration. they did not say get a lawyer so i will do that in the morning.

if they reopen it that means i have to go to court again ? and why if i proved it was not me and swore on oath already.
do all trains have CCTV and do all stations have CCTV.
if the case is yes i could have a lawyer demand CCTV evidence of the perpetrator to the crime and have prosecutors match my likeness to that of the CCTV image captured ?

 

[AntoniC]

When you make the Statutory Declaration it restarts the whole prosecution process again.

The TOC will then have to decide if they want to restart the prosecution.

 

[Paul71]

What a devious <deleted>

Sounds like he needs a dose of his own medicine.

yes driver and why i am asking for the forums help.
i want charges pressed against him for both the train fare evasion.
and my name cleared totally.
but also for criminal ID theft , Deciet and, Dishonesty to.

the whole book lock stock and barrel given to him.
--- old post above --- --- new post below ---

When you make the Statutory Declaration it restarts the whole prosecution process again.

The TOC will then have to decide if they want to restart the prosecution.

when i make the stat dec, will i be told of the train company.
the offence, where it took place the time and what ID if any was shown.

what will i expect to find out.
this is just the icing, i have had car V5's turn up in my name
even had to tell DVLA, told local police they seemsed to laugh it off just gave me some website address to register on.

i am clueless , know nothing of the crime commited all i know is they Fined me a total £333.50 and take £5 a week from my sickness benefits.
its also nodoubt lost me jobs, i worked in security as a guard and keyholder.
its ruined my chances for work and likes.

truth is am so scared its untrue, i dont know what to expect through my door or what the next bang on the door brings. i cant work out why people do this fare dodging shizzle etc etc.

 

[michael769]

To be clear you do not need a lawyer for the Statutory Declaration, the process is informal and court staff will be on hand to assist.

The court staff should be able to give you some details of the case, but they will be a little sketchy.

The convicting court should upon receiving it repay any fine payments and stop the deductions.

After the declaration a solicitor will be helpful in ensuring that the fine is sorted out quickly and also in convincing the ToC not to try to re-prosecute. As you are on benefit you are likely to qualify for full legal aid, so this may be your best avenue to bring it to a close quickly.

You may want to contact Equifax or another credit reference organisation to obtain a copy of your credit file (costs £2) in case the offender has obtained credit in your name.

The police hava a dedicated national helpline, Action Fraud who may be able to provide more advice and assistance than your local force. You can also apply for protective registration to make it harder for them to obtain credit in your name, albiet at the cost of any genuine applications taking a little longer to complete.

 

[GadgetMan]

i have a very good idea of who the person was.
i found out he also did the same to his ex partner. she had two tickets an debt collection threats
as for giving name it is what i will be doing in court

I can understand a male giving another male's personal details and getting them into trouble. But I doubt very much a bloke would get away with providing a female's details even to the most gullible rail staff, unless of course he has a female accomplice. In which case the female who provided false details is the guilty party and not him.

 

[Paul71]

To be clear you do not need a lawyer for the Statutory Declaration, the process is informal and court staff will be on hand to assist.

The court staff should be able to give you some details of the case, but they will be a little sketchy.

The convicting court should upon receiving it repay any fine payments and stop the deductions.

After the declaration a solicitor will be helpful in ensuring that the fine is sorted out quickly and also in convincing the ToC not to try to re-prosecute. As you are on benefit you are likely to qualify for full legal aid, so this may be your best avenue to bring it to a close quickly.

You may want to contact Equifax or another credit reference organisation to obtain a copy of your credit file (costs £2) in case the offender has obtained credit in your name.

The police hava a dedicated national helpline, Action Fraud who may be able to provide more advice and assistance than your local force. You can also apply for protective registration to make it harder for them to obtain credit in your name, albiet at the cost of any genuine applications taking a little longer to complete.

You sir are a star.

thank you and the other members of the forum for helping and putting me more at ease.
i have already a crime number from the actionfraud.
will line up a lawyer tomorrow and explain my problems.

thank you again

Paul
--- old post above --- --- new post below ---

I can understand a male giving another male's personal details and getting them into trouble. But I doubt very much a bloke would get away with providing a female's details even to the most gullible rail staff, unless of course he has a female accomplice. In which case the female who provided false details is the guilty party and not him.

yes the ex boyfriends , new girlfriend did.
the ex knew me and ofcourse his ex's details.
i would expect to find this is not the only fare offence
thats happened in my name either.

the courts did not have my NI number yet still deducted my benefits, ( its one thing he does not know, and how i found out), my namesake also has an address somewhere near london ( bishops stort ). this is what i gleaned from highbury court when i first found out about offence.

 

[6Gman]

I can understand a male giving another male's personal details and getting them into trouble. But I doubt very much a bloke would get away with providing a female's details even to the most gullible rail staff, unless of course he has a female accomplice. In which case the female who provided false details is the guilty party and not him.

There are plenty of names which can be ambiguous as to gender - Kim, Val, Jean ... I even have one myself, but best not to give people ideas!

 

[Paul71]

Well here what happened.

i arrived at court alone and bewildered to what was happening.
explained to the usher and was asked to wait. 10 mins later she came back.
asked my why i was in court what offence etc etc. i explained i did not know.

fast forward : i walk into court like a scared rabbit. a innocent person thats been haunded by a train company. the prosocution read out the charges , this is where i stopped her in her tracks.

" no i have never travel ever on a train in my life ( on oath)
no i have not been in london since 2003 ( sworn on oath)

the magistrate then question me , where i lived . i explained i had not left norfolk since 2003. after a talk between themselves they signed the sheet and let me leave.

i left court number 3. still none the wiser, i asked usher what happens, was told nothing its over i should not hear any more. but i am worried. they will come back after me and try again. i was not offered any solicitor at all.

so now not only am i worrying what else this ID theft will bring to my door, but the worry this train company will come after me still. even when i have sworn on oath.

so there we go, still no closure to the problem and even more worry and stress.
infact i am thinking about taking the train company to court for wrongful conviction, and anything else a lawyer thinks is rightful.

so what do i do now ? i proven in court i am not the guilty party i have sworn on oath the person was not me. where do i go now ?
if they do come back can i call CCTV evidence to prove my innocence ? as i know i will not be on any cameras as i was not anywhere
in that area.

 

[455driver]

Did you tell the Court (or police) who you thought had been impersonating you?

If not why not because it will just continue (the fraud that is) if you dont do anything to stop it!

 

[Paul71]

hello driver.

i was asked by the usher if anyone could have given my ID and i did say yes.
i gave the name but this was not mentioned in court. however the usher was kind enough to tell me the name i gave did not show in a court case in 2009.

the usher did not have me wrote down on any court listings, they took around 20-25 mins just to find out why i was there.

the magistrates all three, even said that it was highly likely someone known to me had given my details. they was real suprised when i told them i had never left norfolk and that i was recovering from heart surgery and a heart attack so was in no fit state to travel any long distance.

 

[455driver]

So basically no then.

Do you think he will stop this now or do you think he will take out loans etc in your name?
This whole episode will not stop unless you stop it, the Courts and Police are powerless without help.

 

[Paul71]

yes.

i told the usher who was sorting everything out his name.
i told her i had been victim of ID theft and reported it.
she asked if i knew who may have done the ID fraud and i told her his name.

another thing, the declaration was not filled in by me, IE: my name address etc etc.it was already filled out when the magistrate return it to me to finish.
i also had the magistrate complain that i had not filled in the declaration. i also told magistrate i had not filled in that part of declaration to.
to when i replyed " mam i was never given forms to fill in i was told to sit and wait"

the magistrates shook heads and gave me time to fill paperwork while they dealt with other cases. made me look stupid and dumb , and made the courts look stupid and disorganized to.

so to your question yes i did tell courts ( the usher dealing with my papers) who was at fault.

 

[Dave1987]

Paul71 i wish you the very best of luck with this. I sincerly hope the person that has done this to you gets a shovel full of British justice and is jailed for what they have done!!

 

[Fare-Cop]

It is good that you have got the conviction made void, but the only person who can take steps to prevent this happening again is you I'm afraid.

You may have told the Usher at Court the details of the person that you believe to be the impostor, but the reality is that a Court Usher is powerless to take action on your behalf

If you genuinely believe that you can swear on oath that you know who the impostor is, then you should take that complaint and your evidence to the Police.

Unfortunate though it is, if the rail company issued a Summons in the genuine belief that the person reported was you and without evidence to the contrary, they did nothing wrong and unless you can prove that the company knew you were not the offender before the case was heard first time around, there is no action that you can take against them

If you have strong evidence that you know who used your ID, take that case to the Police (through a solicitor if you are not confident yourself.)

If you do not, there is a very strong likelihood the offender will continue to do it again.

 

[Cab2Cab]

Skipped through some of the blogs on here but there must be people out there giving out false details all the time, not good!!!!!

I cannot really comment but anybody caught nowdays ought to have there photo taken or fingerprint check or is this a breach of human rights or what ever the category this falls in to help fraudsters out!!!

Bit like somebody putting false plates on a car (this happened to my girlfriend), we all will have to be chipped in the future to prevent fraud or have live webcams on our heads.

 

[455driver]

so to your question yes i did tell courts ( the usher dealing with my papers) who was at fault.

Sorry i got the wrong end of the stick.

I hope this will give the Police the information they need to sort this "individual" out once and for all.

As far as the TOC is concerned this should be the end of their contact with you, although they may send you a letter to confirm that this is the end of it so if another letter does drop through the door dont worry about it.


I hope this "individual" gets whats due to them and this is the end of the problems for you.

Edit-
I think fare-cop is correct and you will have to make a formal complaint to the Police as well.

 

[Paul71]

Thank you everyone.

i never received letters from anyone, thats the thing. in court they told me i lived at a totally different address i have never heard of before. and the letters was sent to this address.

i hope they send letters direct to me this time and not my namesake thief.
thank you again and hopeful its all cleared up now.

 

[W230]

Hi Paul. I'm glad you've got it sorted but you need to take action to stop it happening again.

The way the courts/police work is that even though your conviction has been quashed, the police would have no record of the actual incident where the offender used your details.

If further down the line, it happens again then you'll be back at square one, trying to explain it all over again and might not be looked on as favourably by magistrates who will wonder why you took no action last time.

I suggest you either ring the police, or better still, visit a solicitor or the Citizens Advice Bureau, who will help you get this matter recorded as a crime of fraud by false representation. It needs to recorded because although there is unlikely to be any evidence of the offence remaining, and a prosecution investigation unlikely, if you don't get it down formally it could end up alot more griefy if it happens again in the future.

Good luck!