Conviction but I didn't know I was being prosecuted?

[km11]

Hello,
Basically I received an enhanced DBS check today in the post, and it shows a conviction for fare evasion from June 2018. The incident happened in January 2018, and I forgot to pay for a ticket between Ashton Under Lyne and Manchester Victoria in the morning of that day, which originally cost £3.90. The inspector took my details from my ID down and I then immediately purchased a ticket. However, what baffled me, is that I NEVER heard back from Northern rail or Greater Manchester Magistrates about this matter. Not even a letter or email or phone call.
Now I just received my DBS certificate and it shows that I was convicted, despite not knowing anything about the incident beyond the date when it happened. I have no idea what to do as I've declared I've not been convicted on all my legal applications to be a registered healthcare professional. Will someone please advise me what to do?

Thanks

 

[Fawkes Cat]

Are you concerned about being convicted at all, or about the fact that you have failed to declare it?

If you are concerned about being convicted, then you can get in touch with the court to declare that you never knew about the prosecution. That means that the trial is done all over again. But as I understand it, you are not arguing that you are innocent, but that you never knew about the conviction. So I am not sure that it would help to go through this process, since you would end up back where you are already. But hopefully other forum members will be along who can comment on what would be the best thing to do.

Whether you are only worried about having given inaccurate information to your professional body/university/and so on, or whether you are also concerned about the conviction, you should let them know that you have inadvertently misled them. In the first place, phone them up: then follow up in writing (email or a letter). Tell them about the conviction, and why you didn't tell them about it in the first place.

As long as you are completely honest as soon as possible, I don't think you have too much to worry about. I don't know who your regulatory body is, but this is what the Nursing and Midwifery Council have to say at https://www.nmc.org.uk/ftp-library/...llegations/criminal-convictions-and-cautions/. The whole page is worth reading, but in particular

Assessing the seriousness of convictions and cautions

If the criminal offending was directly linked to the nurse or midwife’s professional practice, it’s very likely this would be serious enough to affect their fitness to practise.

For example, offences that involved neglecting, exploiting, assaulting or otherwise harming patients are so serious that it may be harder for the nurse or midwife to remediate. In these cases it’s more likely that we’ll need to take regulatory action to maintain professional standards and public confidence in nurses and midwives.

If the criminal offending took place in the nurse or midwife’s private life, and there’s no clear risk to patients or members of the public, then it is unlikely that we’ll need to take regulatory action to uphold confidence in nurses and midwives, or professional standards.

We’d only need to do that if the nurse or midwife was given a custodial sentence (this includes suspended sentences), or the conviction was for a specified offence.

 

[some bloke]

There's quite a lot you can do about the conviction, starting with applying within 21 days to have the verdict set aside. That shouldn't be a problem.

After that you can put your case to the company - hopefully at worst it would be a byelaw conviction that doesn't involve intent to avoid a fare (and wouldn't normally appear on a DBS check, though employers and professional organisations may well still need you to declare it).

Your first priority, though, is to inform in writing anyone who you are required to tell. The requirement may be that you tell them as soon as possible.

For example see 23.2:
https://www.nmc.org.uk/standards/code/read-the-code-online/

If you miss a court case because you didn't get the information, you can make a "statutory declaration". This means the verdict is set aside so the process can begin again. To ensure the trial is void, the declaration has to be made within 21 days of finding out about the trial - see the notes on the form that can be downloaded here:
https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

A conviction may well not make any difference to professional registration, or employment if it's viewed as having little relevance to the job.

are you aware of this - including the section "Assessing the seriousness..."? It may be reassuring to some extent.
https://www.nmc.org.uk/ftp-library/...llegations/criminal-convictions-and-cautions/

Legal advice may be available free from a union, or if not then with some bank accounts or insurance policies.
For example:
https://www.rcn.org.uk/get-help/legal-help/free-legal-advice[/QUOTE]

 

[some bloke]

I am not sure that it would help to go through this process, since you would end up back where you are already.

As it appears on the DBS check, we'd expect it to be for intent to avoid a fare. I think it would be worthwhile getting the verdict set aside, because then there are various possible outcomes including a byelaw conviction, and an out-of-court settlement.

 

[km11]

As it appears on the DBS check, we'd expect it to be for intent to avoid a fare. I think it would be worthwhile getting the verdict set aside, because then there are various possible outcomes including a byelaw conviction, and an out-of-court settlement.

Well that's the whole point, it has appeared on my DBS check. But my whole point is that I never was contacted after that day about a penalty notice, a settlement letter or any other letter you'd expect to get before prosecution. Honestly I got my DBS certificate and it's thrown me off so much. I really want to complain to Northern because i'm that decent and humble enough to admit i made a mistake and to also settle the issue at first opportunity. I never got a chance to do the latter

There's quite a lot you can do about the conviction, starting with applying within 21 days to have the verdict set aside. That shouldn't be a problem.

After that you can put your case to the company - hopefully at worst it would be a byelaw conviction that doesn't involve intent to avoid a fare (and wouldn't normally appear on a DBS check, though employers and professional organisations may well still need you to declare it).

Your first priority, though, is to inform in writing anyone who you are required to tell. The requirement may be that you tell them as soon as possible.

For example see 23.2:
https://www.nmc.org.uk/standards/code/read-the-code-online/



A conviction may well not make any difference to professional registration, or employment if it's viewed as having little relevance to the job.


Legal advice may be available free from a union, or if not then with some bank accounts or insurance policies.
For example:
https://www.rcn.org.uk/get-help/legal-help/free-legal-advice[/QUOTE]

Will I be able to apply though if the incident and conviction was last year? This is the first time I know about this conviction and I say that with complete honesty.

Are you concerned about being convicted at all, or about the fact that you have failed to declare it?

If you are concerned about being convicted, then you can get in touch with the court to declare that you never knew about the prosecution. That means that the trial is done all over again. But as I understand it, you are not arguing that you are innocent, but that you never knew about the conviction. So I am not sure that it would help to go through this process, since you would end up back where you are already. But hopefully other forum members will be along who can comment on what would be the best thing to do.

Whether you are only worried about having given inaccurate information to your professional body/university/and so on, or whether you are also concerned about the conviction, you should let them know that you have inadvertently misled them. In the first place, phone them up: then follow up in writing (email or a letter). Tell them about the conviction, and why you didn't tell them about it in the first place.

As long as you are completely honest as soon as possible, I don't think you have too much to worry about. I don't know who your regulatory body is, but this is what the Nursing and Midwifery Council have to say at https://www.nmc.org.uk/ftp-library/...llegations/criminal-convictions-and-cautions/. The whole page is worth reading, but in particular

I'm concerned about both to be honest. And yes, I'm not arguing that I'm innocent, but if I had the chance to settle the issue at the first opportunity, then I definitely would. But I've not had the chance as I've had absolutely nothing sent to me after the date of the incident.

 

[some bloke]

You're innocent of the offence that has to appear in a DBS check and which I suspect is on yours - intent to avoid a fare. Normally the offence would be under section 5(3):

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

Usually companies write to ask for the passenger's version rather than starting proceedings first. After that you might expect at least a notification that they were going to start proceedings, then a summons, then a verdict. So someone may have got the wrong address at an early stage.

I would certainly explain the situation when you write to the employer/regulator etc. If the conviction was for "intent to avoid a fare", then it is sensible to add that you intend to a) get the verdict set aside on the ground that you were unaware of the case and b) explain/reiterate to the company that you simply forgot.

On the statutory declaration, the link I gave above doesn't work because I pasted it. Here's a working one:
https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

The time limit is 21 days from when you hear. It would be unfair for the legal system to allow a conviction to stand just because it was last year, if the person had had no opportunity of putting their case.

 

[km11]

You're innocent of the offence that has to appear in a DBS check and which I suspect is on yours - intent to avoid a fare. Normally the offence would be under section 5(3):

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

Usually companies write to ask for the passenger's version rather than starting proceedings first. After that you might expect at least a notification that they were going to start proceedings, then a summons, then a verdict. So someone may have got the wrong address at an early stage.

I would certainly explain the situation when you write to the employer/regulator etc. If the conviction was for "intent to avoid a fare", then it is sensible to add that you intend to a) get the verdict set aside on the ground that you were unaware of the case and b) explain/reiterate to the company that you simply forgot.

On the statutory declaration, the link I gave above doesn't work because I pasted it. Here's a working one:
https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

The time limit is 21 days from when you hear. It would be unfair for the legal system to allow a conviction to stand just because it was last year, if the person had had no opportunity of putting their case.

Thanks for the info - yeah I've had nothing. Even when I committed the offence in 2018 I was on this forum wondering what would happen and I though I'd expect to receive a letter at the very least. But I've not received a summons and I didn't even know what one was till today, but I've already emailed Northern today and will ring up Debt Recovery next Mon, is it possible that a settlement can be reached by talking to the company alone?

 

[some bloke]

is it possible that a settlement can be reached by talking to the company alone?

You first need to notify employer etc so it's absolutely clear that there is no question of you hiding the conviction, then apply for the verdict to be set aside.

When you contact the company, it's probably best done in writing so that a) you are clear about what you are and are not saying, and b) there's a written record. I can't see them doing much until it's formally accepted that the verdict is void.

 

[km11]

I looked on my professional body's page and I don't need to declare it (I'm a pharmacist so my body will be the GPhC)
I have emailled the magistrates court to ask them to appeal against my conviction.
Do I wait and see what I get told by Northern next week and then decide my best cause of action?

 

[Hadders]

I'm not a lawyer but you need to make a Statutory Declaration. An email to the Magistrates Court appealing against conviction will not suffice.

You might want to consult a solicitor to ask for the best way to proceed.

 

[some bloke]

Please make sure you have read this carefully:
https://www.pharmacyregulation.org/registration/changes-your-registration/something-declare

You don't need to appeal, because the verdict should be void as a result of your declaration.

 

[cuccir]

You're innocent of the offence that has to appear in a DBS check and which I suspect is on yours - intent to avoid a fare. Normally the offence would be under section 5(3):

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

We don't know that from the information posted on here.

There are two possible offences: Bylaws offences (which don't require evidence of intent to avoid a fare, just that you did avoid a fare); and Regulation of the Railways offences, which require evidence of intent to avoid a fare. As some bloke suggests, only Regulation of the Railways Act offences should appear on a DBS.

Km11, what can you recall of the event? Did you buy a ticket on the train or at your destination? In particular, were you asked something along the lines of "what would you have done if you hadn't met a ticekt inspector?" or something like that, and if you recall, how did you answer? What I'm saying is that it's possible that the train company would have evidence to convict you for the Regulation of the Railways offence - we'd need more information to be that confident.

Furthermore, can you confirm that it definitely is the Regulation of the Railways offence on your DBS? Bylaw offences can occaisionally be put onto a DBS by mistake.

I have emailled the magistrates court to ask them to appeal against my conviction.
Do I wait and see what I get told by Northern next week and then decide my best cause of action?

If you want the conviction removing, you will need to physcially go to the Magistrates Court and make what's called a stautory declaration. This is a legal statement (it is committing perjury to make one dishonestly) that you did not know about the conviction and it overturns the conviction; you do not need a lawyer present to make it. It is not a statement of innocence or guilt. You may be immediately asked whether or not you want to plea guilty to the charge; if you plea not guilty, then you will be given a court date.

At the moment, Northern will probably not be intetersted as as far as they are concerned, it is case-closed. However after you have made a stautory declaration, you can then contact them if you want to settle out of court. If you are being charged with a Regulation of the Railways Act offence and you are confident that they will nto have evidence to find you guilty of that then you should probably plea not guilty to give you time to either settle or persuade Northern to drop the charges. If it is a Bylaws offence or if you think you are guilty of a Regulation of the Railways Act offence, you need to consider if it's worth bothering getting it overturned.

 

[some bloke]

We do know from what you said that you are innocent of the relevant offence that has to appear on the DBS check.

The professional body's web page says you have to declare any other conviction unless "protected". That has to include the criterion that the conviction is old. Under the section about "protected" convictions, it won't apply to a conviction from last year, so you have to declare it.

 

[km11]

We don't know that from the information posted on here.

There are two possible offences: Bylaws offences (which don't require evidence of intent to avoid a fare, just that you did avoid a fare); and Regulation of the Railways offences, which require evidence of intent to avoid a fare. As some bloke suggests, only Regulation of the Railways Act offences should appear on a DBS.

Km11, what can you recall of the event? Did you buy a ticket on the train or at your destination? In particular, were you asked something along the lines of "what would you have done if you hadn't met a ticekt inspector?" or something like that, and if you recall, how did you answer? What I'm saying is that it's possible that the train company would have evidence to convict you for the Regulation of the Railways offence - we'd need more information to be that confident.

Furthermore, can you confirm that it definitely is the Regulation of the Railways offence on your DBS? Bylaw offences can occaisionally be put onto a DBS by mistake.



If you want the conviction removing, you will need to physcially go to the Magistrates Court and make what's called a stautory declaration. This is a legal statement (it is committing perjury to make one dishonestly) that you did not know about the conviction and it overturns the conviction; you do not need a lawyer present to make it. It is not a statement of innocence or guilt. You may be immediately asked whether or not you want to plea guilty to the charge; if you plea not guilty, then you will be given a court date.

At the moment, Northern will probably not be intetersted as as far as they are concerned, it is case-closed. However after you have made a stautory declaration, you can then contact them if you want to settle out of court. If you are being charged with a Regulation of the Railways Act offence and you are confident that they will nto have evidence to find you guilty of that then you should probably plea not guilty to give you time to either settle or persuade Northern to drop the charges. If it is a Bylaws offence or if you think you are guilty of a Regulation of the Railways Act offence, you need to consider if it's worth bothering getting it overturned.

Ok, so firstly yes it's a RoRA on my DBS check. I bought a ticket immediately after getting asked by an inspector, and I bought it at my destination. I was not asked any questions as to what i'd have done had i not been caught, but I even showed the inspector, who basically had none of it. I realise I made the mistake and I forgot to buy a ticket. So I accept the mistake, but the problem lies with me not receiving any correspondence from Northern to that.

I'm new and this is the first time and hopefully the last time I've come into contact with the law personally. Do I just go in at anytime or do I need to go at a certain time?

 

[cuccir]

We do know from what you said that you are innocent of the relevant offence that has to appear on the DBS check.

The professional body's web page says you have to declare any other conviction unless "protected". That has to include the criterion that the conviction is old. Under the section about "protected" convictions, it won't apply to a conviction from last year, so you have to declare it.

I agree with the second part of your statement.

However we do not know that km11 would be found innocent. He/she may have unwittingly given evidence suggesting intent to avoid a fare, even if he/she did not actually intend to avoid it. Particualrly, if km11 told the inspector that he/she would have left their destination station without paying for a ticket if they had not been stopped, then there is probably sufficient evidence for a conviction.

I bought a ticket immediately after getting asked by an inspector, and I bought it at my destination. I was not asked any questions as to what i'd have done had i not been caught, but I even showed the inspector, who basically had none of it. I realise I made the mistake and I forgot to buy a ticket.

Hmmm... I'll be honest with you, this seems a bit on the borderline to me. It's good for you that you didn't provide that evidence to them, but still if you were stopped near an exit then they might try and make the case that you would have left without paying and therefore may still get a guilty conviction. It's certainly not straight forward.

You could still make the statutory declaration and then try and settle out of court. Given you've already been found guilty, I suppose there is not too much to be lost in taking this route.

Do I just go in at anytime or do I need to go at a certain time?

I'd send a follow up email to your first one stating that you want to make a statutory declaration, and asking them how and when you can do that.

 

[km11]

Hmmm... I'll be honest with you, this seems a bit on the borderline to me. It's good for you that you didn't provide that evidence to them, but still if you were stopped near an exit then they might try and make the case that you would have left without paying and therefore may still get a guilty conviction. It's certainly not straight forward.

You could still make the statutory declaration and then try and settle out of court. Given you've already been found guilty, I suppose there is not too much to be lost in taking this route.

I also recall asking the guard what would happen to me, and they told me I'd get fined. So it's a big surprise to see that they've prosecuted me, This is the first time I've done this and I've learnt from it. Maybe, as one of the above posters have said, that maybe they've sent correspondence to the wrong address. Either way, I don't believe it's fair for them to prosecute me without notifying me of their intentions. That's why I'm pretty desperate to get in contact with Debt Recovery to see what address they sent everything to, if any.

 

[Trackman]

I'd check if there was a warrant out for unpaid fine too.

 

[some bloke]

@km11, my advice above was on the basis that you said you forgot and it was a mistake. If at any point later you intended to avoid the fare - or as @cuccir says, if you might have given the impression that you intended to avoid it - that could influence what you write to the GPhC/others.

I also recall asking the guard what would happen to me, and they told me I'd get fined. So it's a big surprise to see that they've prosecuted me

A fine is only imposed by a court, so that does involve prosecution.

I don't believe it's fair for them to prosecute me without notifying me of their intentions. That's why I'm pretty desperate to get in contact with Debt Recovery to see what address they sent everything to, if any.

Where the person didn't hear about the court case, the verdict has to be set aside, so the fine is not due (although a fine may be imposed in a subsequent court case).

This is an unofficial page, so if you like you can check with the court staff:

https://bailiffadviceonline.co.uk/index-page/magistrate-court-fine/about-statutory-declarations

I'm not exactly sure what you are saying happened at the destination, including what you showed the inspector. If you write more detail in sequence, people on here may be able to advise further.

 

[some bloke]

Maybe they didn't have particularly strong grounds for prosecuting under RoRA (especially if you'd explained how you forgot), but simply decided to go for it when they got no response.

Sometimes letters include the idea that "an allegation of intent to avoid a fare may be considered". Perhaps one purpose is to keep the door open for a punt if the person doesn't reply.

 

[km11]

Maybe they didn't have particularly strong grounds for prosecuting under RoRA (especially if you'd explained how you forgot), but simply decided to go for it when they got no response.

Sometimes letters include the idea that "an allegation of intent to avoid a fare may be considered". Perhaps one purpose is to keep the door open for a punt if the person doesn't reply.

I’m going to check with them next week if they sent any correspondence to my address and what address they sent it to.

I’ve always travelled on the railway with the intention to pay the fare.I had an exam on that day and I was stressed out.Normally my route to Liverpool for uni goes through Manchester Piccadilly but that day I had to get through via Victoria.I didn’t know where the toilets were and I needed to go, so I went through the back exit and after not finding them i turned back. I checked the train times near the ticket kiosk and it was there I got caught and I explained to them that I was about to buy a ticket and they refused my request. I bought a ticket immediately after I gave my ID details and then I went back up to show the guard who refused to accept that I bought it.

My intention was to buy a ticket after I’d been to the toilet, I didn’t but should’ve told the guard I needed to go to the toilet because the platform was full of other customers and I felt embarrassed.After that date I have travelled numerous times on a train and always bought a ticket.


I’m getting fed up of this because I’ve had absolutely nothing to say I’d have been convicted after that date. Not even a settlement letter or anything.Id have paid to settle the case out of court and will appeal to do so once I’ve made the statutory declaration. The conviction does not even have my full name on it, it only had the first 4 letters of my forename and my surname. If they wrote an incorrect address I’m going to go absolutely mad at them. I never gave my version of events to them in writing after that day so how can they prosecute me without knowing so?

 

[some bloke]

Someone innocent of intent might not want to ask for a settlement - though it may still be the best option.

You may end up better off than if you'd received the papers and responded. I said above that you might get a byelaw conviction, but it may be forbidden or viewed as abuse of process for them to change the allegation. So you might end up, after putting forward your version, with no conviction (drop/settlement/acquittal) even if originally they would have been able to successfully prosecute under the byelaw (ie for an offence that's automatic and doesn't require intent).

Do the university or any employers need to be told?

I gave a link above to a stat dec form. There's a new one here:
http://www.justice.gov.uk/courts/procedure-rules/criminal/forms#Anchor6
(For the record, there's a rule change coming in October that means people can make the declaration before court staff rather than magistrates or solicitors, but that won't apply to you.)

 

[km11]

I’ve informed the gphc - I’m due for registration with the body next week. My university didn’t know because I was in the final year of my studies.

So how do you think I should approach this now? I will make a statutory declaration but should I plead not guilty?

 

[some bloke]

You could check what the university's requirements are, even if it seems counterintuitive that they'd want to know now about a past conviction. For example, there might be a requirement to let them know if something you said earlier wasn't true, or changed.

If you didn't intend at any time to let pass the opportunity to pay, then you aren't guilty. I don't think I would plead guilty to this if I wasn't. But someone could question for example why you were looking at the board rather than buying a ticket, and magistrates, being human, aren't guaranteed to come up with the "right" answer. As @cuccir says above, if you plead not guilty you get more time to put your version across.

 

[some bloke]

If you decide to consult a solicitor, in addition to the possibility of free services from a union or with a bank account or insurance, some offer free initial consultations. Those may be advertised on their website.

The Law Society has a list of solicitors which can be filtered by area of practice (this would be "Crime-general") and on the results page by accreditation (via the box on the left).

https://solicitors.lawsociety.org.uk

 

[km11]

If you decide to consult a solicitor, in addition to the possibility of free services from a union or with a bank account or insurance, some offer free initial consultations. Those may be advertised on their website.

The Law Society has a list of solicitors which can be filtered by area of practice (this would be "Crime-general") and on the results page by accreditation (via the box on the left).

https://solicitors.lawsociety.org.uk

To be honest, I don’t need the stress of going to court and having a trial etc. but I’m gonna have to do it.My whole career as a pharmacist is ahead of me, but I guess my priority is to ask northern when/who they sent letters too regarding my prosecution. I’ll make the declaration for sure, but this issue puts me off using the railway for sure in future.Im glad I can now drive.

 

[js1000]

Personally, and this is my view it's up to you how you proceed - but I wouldn't go writing to Northern yet given there are unanswered questions as to why you did not receive a settlement letter or intent to prosecute letter as you claim.

In this instance, and if the conviction concerns you enough that it will affect your future career prospects, I would personally seek legal advice - ideally someone who has expertise in the field of prosecutions in absentia, removing wrongful convictions from DBS and/or fare evasion.

The response you will get from Northern will either be "case closed" or "you still need to pay the fine imposed by the magistrates". Both of which are default incorrect positions to hold and which will be completely unhelpful for someone who looking to remove a conviction in absentia (and where not made aware) through the legal system.

They're not going to go trawling through their system and spending looking for letters sent for a case that has been decided in the courts without you having good evidence and legal advice that they acted improper.

 

[WesternLancer]

To be honest, I don’t need the stress of going to court and having a trial etc. but I’m gonna have to do it.My whole career as a pharmacist is ahead of me, but I guess my priority is to ask northern when/who they sent letters too regarding my prosecution. I’ll make the declaration for sure, but this issue puts me off using the railway for sure in future. Im glad I can now drive.

It seems like you were a student at the time of the incident. So perhaps you can make use of the Student Union Advice service to access some legal help? May be worth contacting them ASAP before next terms starts when they will get much busier. It may also be the case that your professional body can access such help - even if you were a student member or whatever at the time.

It also sounds like the person who took your details may have not recorded your name / address correctly as you note. I suspect a request on what personal data is held on you by Northern / Transport Investigations Ltd (if they do Northern's fare evasion prosecutions) / The Court is worth doing in order to check address accuracy that they hold - if wrong it is easier to be clear /proove that you never knew.

But - just a thought - did you live in a student house / shared house etc that you may have moved from BEFORE they sent out letters for example? Did you have any way to check post later after moving / or arrange for post to be forwarded eg by Royal Mail? I only mention it as I live next door to 2 student houses and noticed the other day in the overflowing recycling bin that the landlord had simply thrown out a load of post for the previous occupants, no effort to forward the post or even return it to sender which would be the responsible thing to do. I mean could letters to you simply be sat unopened in an house you moved away from? If so the 'I never heard from them' argument is weaker, if they DID send stuff to the address you gave (of course it is poss an admin error occurred and even if they had the correct address they never actually sent anything, but harder to establish the facts).

Obv this adds to the aggro and tasks you have to pursue, but may be worth checking (the data held info). You have my sympathy.

Personally, and this is my view it's up to you how you proceed - but I wouldn't go writing to Northern yet given there are unanswered questions as to why you did not receive a settlement letter or intent to prosecute letter as you claim.

In this instance, I would personally seek legal advice - ideally someone who has expertise in the field of prosecutions in absentia and fare evasion.

The response you will get from Northern will either be "case closed" or "you still need to pay the fine imposed by the magistrates". Both of which are default incorrect positions to hold and which will be completely unhelpful for someone who looking to remove a conviction in absentia (and where not made aware) through the legal system.

They're not going to go trawling through their system and spending looking for letters sent for a case that has been decided in the courts without you having good evidence and legal advice that they acted improper.

Yes, though the OP can presumably use the ability to have access to what personal data they hold on the OP to establish f the address held by Borthern ref this case is correct, and that might help with tasks that then need pursuing.

To be honest, I don’t need the stress of going to court and having a trial etc. but I’m gonna have to do it.My whole career as a pharmacist is ahead of me, but I guess my priority is to ask northern when/who they sent letters too regarding my prosecution. I’ll make the declaration for sure, but this issue puts me off using the railway for sure in future. Im glad I can now drive.

Sorry, further to my post above, I note the incident occured in Jan 2018 so it would relate to address accuracy of where you were living in the months after that when they may have been sending stuff out - which could have been up to 6 months after eg summer 2018 (ie at end of academic year / when students often move address etc). Given your student status could you have moved in that time etc. Of course I am sure you know where you lived at what dates and term times etc when you were there etc so you can compare with any records or info re the time prosecuted in your absence.

 

[gray1404]

I just want to make it totally clear to the OP that contacting Northern and the Court concerned is not going to get the conviction (and the issue of any outstanding fine) set aside. Only submittion of the Statutory Declaration to the Court will achieve this and restart the process.

It is also possible to fill out a statutory declaration in the presence of a Solicitor (or Barrister for that matter) and they will post it to the Court for you. This has the advantage that you cannot be asked by the Court straight away if you wish to plea guilty or not guilty and have a new Court date reschedule. They would need to get back in contact with you for such information.

 

[km11]

It seems like you were a student at the time of the incident. So perhaps you can make use of the Student Union Advice service to access some legal help? May be worth contacting them ASAP before next terms starts when they will get much busier. It may also be the case that your professional body can access such help - even if you were a student member or whatever at the time.

It also sounds like the person who took your details may have not recorded your name / address correctly as you note. I suspect a request on what personal data is held on you by Northern / Transport Investigations Ltd (if they do Northern's fare evasion prosecutions) / The Court is worth doing in order to check address accuracy that they hold - if wrong it is easier to be clear /proove that you never knew.

But - just a thought - did you live in a student house / shared house etc that you may have moved from BEFORE they sent out letters for example? Did you have any way to check post later after moving / or arrange for post to be forwarded eg by Royal Mail? I only mention it as I live next door to 2 student houses and noticed the other day in the overflowing recycling bin that the landlord had simply thrown out a load of post for the previous occupants, no effort to forward the post or even return it to sender which would be the responsible thing to do. I mean could letters to you simply be sat unopened in an house you moved away from? If so the 'I never heard from them' argument is weaker, if they DID send stuff to the address you gave (of course it is poss an admin error occurred and even if they had the correct address they never actually sent anything, but harder to establish the facts).

Obv this adds to the aggro and tasks you have to pursue, but may be worth checking (the data held info). You have my sympathy.

Thank you for the sympathy.
At the time of the incident I was commuting to university from my parents home. During this time, I did not hear from northern or any magistrates court as I’ve previously said. I have made a mistake.Had I’d been aware that I received a settlement offer out of court, I would’ve done so immediately. But whether the address was incorrectly spelt will determine my next steps because I believe it’s northern’s fault.Many a time did I see on this forum similar incidents and a settlement out of court being done. It has been over a year since the incident happened and since then i have regularly travelled on the railway with a ticket. I will still be contacting northern to request copies of the letters they allegedly sent me and whether the address they sent it to was mine.
As I’ve said, I shall limit my use of the railway beyond today as I don’t understand my penalty. I did something wrong but I never intended to do it and now my criminal record is potentiallly stained for the rest of my life.

 

[WesternLancer]

Thank you for the sympathy.
At the time of the incident I was commuting to university from my parents home. During this time, I did not hear from northern or any magistrates court as I’ve previously said. I have made a mistake.Had I’d been aware that I received a settlement offer out of court, I would’ve done so immediately. But whether the address was incorrectly spelt will determine my next steps because I believe it’s northern’s fault.Many a time did I see on this forum similar incidents and a settlement out of court being done. It has been over a year since the incident happened and since then i have regularly travelled on the railway with a ticket. I will still be contacting northern to request copies of the letters they allegedly sent me and whether the address they sent it to was mine.
As I’ve said, I shall limit my use of the railway beyond today as I don’t understand my penalty. I did something wrong but I never intended to do it and now my criminal record is potentiallly stained for the rest of my life.

Thanks and good luck with this. I hope you can resolve this without undue cost to yourself including financial. It sounds like you would have given your parental / family address so thus should have been no issue with receiving letters etc.

I'm sure people on this forum will happily give you ongoing advice as you seek to address this. It will be interesting to learn how you get on. As I say, good luck.

I assume you can have paid no fine after being found 'guilty' in absentia, I guess that by clarifying your address etc someone will then seek to obtain whatever fine might be owed, so of course it is very much for the best that you try to resolve this or get the matter 're-started' in my view.