Prosecution for incorrect fare dodging claim

[EMS37]

My son, last year, did travel without a ticket and was caught. He learned his lesson, and has always bought a ticket since. A couple of months ago he received a letter saying he was being taken to court for another journey without a ticket. He definitely did not take this extra journey, and we have received no letters from the train company (as we did the previous time).
I phoned the court on his behalf (he suffers from depression and has autism), and they sent a form for me to complete for this to be set aside and a new court date to be sent. I was told that all the paperwork would be sent.
The Court date is this week, and we have received nothing from the train company. The court has said they will provide an advocate of sorts to assist him- but we have no details.
Any suggestions? I don't have much money...

 

[Trainbike46]

Others with much more knowledge than me will be around shortly to provide help, but some points that are worth raising.

It sounds like the court expects your son (and possibly you as well?) at a specified date, time, and location. It is essential that you show up at court unless you have specific information from the court saying you don't have to. Try to be early, and be prepared for it to take the whole day (mostly in waiting around until things actually happen).

Secondly, the experts on this forum can often give better advice if they have the actual letters you received, with personal details removed, though it sounds like you didn't receive much?

A third detail that seems important, is your son under 18 or not?

 

[enyoueffsea]

A lot more detail is going to be needed here in order to give the correct advice.

You’ll almost certainly need to provide a redacted copy of all letters received on this to understand exactly what part of the process is underway.

Is it definitely a second occurrence? How and when was the first occurrence settled?

What was the date he was caught the first time and what is the date of the alleged second?

It would be extremely unusual for a court to issue paperwork twice (original date and second one you arranged) and both times it not show up.

 

[MikeWh]

I phoned the court on his behalf (he suffers from depression and has autism), and they sent a form for me to complete for this to be set aside and a new court date to be sent. I was told that all the paperwork would be sent.

Can I clarify? Did the court send you a form? Did you return it to them? Did they send a new date? Or is this still the original court date?

Please post redacted copies of the paperwork from the court. Also, does the court paperwork say when and where this second offence took place? Do you have any evidence that your son was elsewhere at that time? There are quite a few possibilities for what has happened here, but we need more information to be able to assist.

 

[SussexMan]

I think you are going to need to be much clearer and explain in more detail what has happened.

My son, last year, did travel without a ticket and was caught. He learned his lesson, and has always bought a ticket since.

How was this resolved? An out of court settlement or a conviction at court?

A couple of months ago he received a letter saying he was being taken to court for another journey without a ticket.

Was that a letter from the court?

I phoned the court on his behalf (he suffers from depression and has autism), and they sent a form for me to complete for this to be set aside and a new court date to be sent.

That doesn't match up with the letter about being taken to court. A set-aside and a new court date relates to a previous decision by the court.

The Court date is this week, and we have received nothing from the train company.

Have you not tried to contact them? Or are you just hoping that they will contact you? You are the ones who have made the application to court to set-aside the previous decision so you should be taking the lead.

The court has said they will provide an advocate of sorts to assist him- but we have no details.

Not sure what that might be and I wouldn't assume anyone will be available other than an usher explaining where to go and briefly what will happen in court.


A lot more details are required if anyone is going to be able to help you.

 

[EMS37]

My son, last year, did travel without a ticket and was caught. He learned his lesson, and has always bought a ticket since. A couple of months ago he received a letter saying he was being taken to court for another journey without a ticket. He definitely did not take this extra journey, and we have received no letters from the train company (as we did the previous time).
I phoned the court on his behalf (he suffers from depression and has autism), and they sent a form for me to complete for this to be set aside and a new court date to be sent. I was told that all the paperwork would be sent.
The Court date is this week, and we have received nothing from the train company. The court has said they will provide an advocate of sorts to assist him- but we have no details.
Any suggestions? I don't have much money...

I can't seem to upload the files.
My son is 21, but has autism and anxiety, and is really struggling to cope. He has asked me to help him. He lives with us, so I know no earlier letters on this second incident have arrived.

The earlier incident which was right was in October 2024, and there was a reminder followed by a letter from the Magistrates' Court- Notice of Fine and Collection Order. At this point (February 25) he showed us, and we paid the fine.

The form I completed they sent to me by email on 30th May, when I called following receipt of the Court letter. The form related to Options after a Magistrates' court decision.

So on 19th June I then received an email (it went into junk so I didn't find it immediately), saying that the case was listed for an application to re-open proceedings.

The first any of us knew about the second incident was when a Notice of fine and Collection order arrived from the Magistrates' Court- there was nothing beforehand. This arrived on 30th May this year. My son swears he did not do this, and I know he received no earlier letters as with the earlier, real incident.

I have tried to contact the train company and the Court service. I can't even phone the Courts now as their new number does not accept calls from mobile phones, and I have no landline....

They have said that a legal adviser will be available to assist us on the day, but there is no way to contact them beforehand.

 

[Trainbike46]

I can't seem to upload the files.

There should be an "attach files" button on the bottom left of the new post you're typing.

I have tried to contact the train company and the Court service. I can't even phone the Courts now as their new number does not accept calls from mobile phones, and I have no landline....

Would you be willing to share what magistrates court is handling the matter? If so, we can check the phone number to use.

An alternative way of contacting the court is to just go there, and find the information desk. Though how easy or hard that is likely depends on how far away the court is!

They have said that a legal adviser will be available to assist us on the day, but there is no way to contact them beforehand.

This is likely referring to the duty solicitor who should be present at the court, if you wish to speak to them, you should aim to be early to allow time for this.

 

[EMS37]

Every file type says it is too large....

Bromley Magistrate's Court. It is a good hour's drive from home...

== Doublepost prevention - post automatically merged: 26 Aug 2025 ==

My son, last year, did travel without a ticket and was caught. He learned his lesson, and has always bought a ticket since. A couple of months ago he received a letter saying he was being taken to court for another journey without a ticket. He definitely did not take this extra journey, and we have received no letters from the train company (as we did the previous time).
I phoned the court on his behalf (he suffers from depression and has autism), and they sent a form for me to complete for this to be set aside and a new court date to be sent. I was told that all the paperwork would be sent.
The Court date is this week, and we have received nothing from the train company. The court has said they will provide an advocate of sorts to assist him- but we have no details.
Any suggestions? I don't have much money...

 

[Trainbike46]

Bromley Magistrate's Court. It is a good hour's drive from home...

The relevant phone numbers for that court are 03308 084 407 and 0300 303 0656. Does either work?

If not, you could email the court on Southlondonmc@justice.gov.uk.

However, before contacting the court I would see what people on this forum have to say first.

It appears you have left some reference numbers uncovered, I would recommend removing the pictures you posted, and posting new pictures with all reference numbers obscured.

== Doublepost prevention - post automatically merged: 27 Aug 2025 ==

Every file type says it is too large....

Bromley Magistrate's Court. It is a good hour's drive from home...

== Doublepost prevention - post automatically merged: 26 Aug 2025 ==

Some things that need clarifying:
- Did you pay the penalty fare?
- Did you pay the first court fine+costs+victim surcharge?

 

[EMS37]

The relevant phone numbers for that court are 03308 084 407 and 0300 303 0656. Does either work?

If not, you could email the court on Southlondonmc@justice.gov.uk.

However, before contacting the court I would see what people on this forum have to say first.

It appears you have left some reference numbers uncovered, I would recommend removing the pictures you posted, and posting new pictures with all reference numbers obscured.

== Doublepost prevention - post automatically merged: 27 Aug 2025 ==


Some things that need clarifying:
- Did you pay the penalty fare?
- Did you pay the first court fine+costs+victim surcharge?

We never received any original fine, so no penalty fare paid. I called the Court as soon as the first letter did arrive at the end of May.

== Doublepost prevention - post automatically merged: 27 Aug 2025 ==

There should be an "attach files" button on the bottom left of the new post you're typing.

Would you be willing to share what magistrates court is handling the matter? If so, we can check the phone number to use.

An alternative way of contacting the court is to just go there, and find the information desk. Though how easy or hard that is likely depends on how far away the court is!

This is likely referring to the duty solicitor who should be present at the court, if you wish to speak to them, you should aim to be early to allow time for this.

We arrived early to be told that there is no duty solicitor, and the only legal adviser is the one who sits next to the Magistrate...

 

[Trainbike46]

Your court hearing is today?

 

[island]

The court usher should be able to tell you where you need to be and point out who you need to speak to.

This is likely referring to the duty solicitor who should be present at the court, if you wish to speak to them, you should aim to be early to allow time for this.

The duty solicitor is available only to those who have been arrested or are charged with an imprisonable offence, neither of which applies to the OP.