Court Hearing

[HelpMe406]

Hey guys,

I know I’ve been stupid and I don’t want any sympathy but can anybody help me.

A few months ago I was fined and gave my brothers address with a different name. A letter came that I have a court hearing that I do not need to attend to due to covid 19.

I know what I did was very stupid but when the letter comes back from the court asking me how much to pay I just want to pay for it or I want to come clean. This was for a southeastern offence.

Any help will be grateful. I know it’s a criminal offence and I’m ready to take full responsibility I’m tired of being worried.

 

[Enthusiast]

A few months ago I was fined and gave my brothers address with a different name.

How did it come to you if it was addressed to a different name at different premises?

You need to be very careful here. What you have done is to attempt to pervert the course of justice. I'm out of this one.

 

[Brissle Girl]

I'm out of this one.

Probably better not to comment if you don't feel you have anything to add?

I'd recommend you come clean at the earliest possible opportunity. It will potentially save you much more complication than if you try to continue the deception and get found out later.

 

[mikeg]

Hi were you actually issued a fine by the court? Only a court can issue a fine. Or were you in fact issued a penalty fare by the train operating company?

I agree with @Enthusiast this is a much more serious matter than it would have been had you owned up, the good news is that the TOC probably won't persue conspiracy to pervert charges, assuming it is still at this stage and it wasn't a court that issued the fine

 

[WesternLancer]

I think there was a similar thread on here some months back where a person used their sisters details IIRC and then sought advice. It may be worth the OP looking back for that and the advice given to that person.
My instinct is that in the log run you will come better out of this by advising the relevant parties of your correct details and that you originally gave false details and now regret that dishonest action.

 

[HelpMe406]

Hi were you actually issued a fine by the court? Only a court can issue a fine. Or were you in fact issued a penalty fare by the train operating company?

I agree with @Enthusiast this is a much more serious matter than it would have been had you owned up, the good news is that the TOC probably won't persue conspiracy to pervert charges, assuming it is still at this stage and it wasn't a court that issued the fine

It has gone to court and the hearing is in September, when I get the fine I wanted to just pay for it. But I don’t know if that will work.

 

[HelpMe406]

I think there was a similar thread on here some months back where a person used their sisters details IIRC and then sought advice. It may be worth the OP looking back for that and the advice given to that person.
My instinct is that in the log run you will come better out of this by advising the relevant parties of your correct details and that you originally gave false details and now regret that dishonest action.

I don’t know how to come clean, I’ve spoken to people and they have said when it comes I should just pay for the fine given to me by the court.

 

[WesternLancer]

I don’t know how to come clean, I’ve spoken to people and they have said when it comes I should just pay for the fine given to me by the court.

presumably the fine will be sent to the address you gave (not your address) and to the name you gave (not your name)? But it sounds like you have a method to get that postage and respond to it then?

It seems you have the choice of either
a)paying up and hoping that's the end of it and no one finds out and it never comes back to haunt you
or
b) writing to the train company and to the court and explaining what you did - as you have explained here in the thread basically - that is how you come clean.

If you do (a) I have no idea if it will come back to haunt you or not. Others are saying 'let sleeping dogs lie' I guess.
if you do (b) I'm not sure what will happen over and above what already has happened. You could try and go asking at your local Citizens Advice Bureau maybe, or a free law advice centre if there is one where you live, for some advice.

Whatever you decide, make sure you pay the sums demanded in full and promptly I think.

 

[HelpMe406]

Probably better not to comment if you don't feel you have anything to add?

I'd recommend you come clean at the earliest possible opportunity. It will potentially save you much more complication than if you try to continue the deception and get found out later.

Can’t I just pay for the fine when it comes, that’s what I want to do.

 

[HelpMe406]

presumably the fine will be sent to the address you gave (not your address) and to the name you gave (not your name)? But it sounds like you have a method to get that postage and respond to it then?

Yes I am going to pay for the fine when it gets sent to me. If I get caught out then fair enough like I said I did something stupid and I am to blame and I’ve learnt my lesson and will never do this again.

 

[mikeg]

Just to clarify :is the fine or conviction in your own name?

 

[HelpMe406]

Just to clarify :is the fine or conviction in your own name?

No it’s a random name, I guess I just panicked

 

[WesternLancer]

Yes I am going to pay for the fine when it gets sent to me. If I get caught out then fair enough like I said I did something stupid and I am to blame and I’ve learnt my lesson and will never do this again.

Thanks - see my post #8 - I just edited it to add further points (in case you do not notice it as I see you responded when I edited it) - good luck with this one.

 

[HelpMe406]

presumably the fine will be sent to the address you gave (not your address) and to the name you gave (not your name)? But it sounds like you have a method to get that postage and respond to it then?

It seems you have the choice of either
a)paying up and hoping that's the end of it and no one finds out and it never comes back to haunt you
or
b) writing to the train company and to the court and explaining what you did - as you have explained here in the thread basically - that is how you come clean.

If you do (a) I have no idea if it will come back to haunt you or not. Others are saying 'let sleeping dogs lie' I guess.
if you do (b) I'm not sure what will happen over and above what already has happened. You could try and go asking at your local Citizens Advice Bureau maybe, or a free law advice centre if there is one where you live, for some advice.

Whatever you decide, make sure you pay the sums demanded in full and promptly I think.

Thank you for being understanding, I will just pay for it and like I said if I get caught then fair enough.

 

[Thomas31]

Thank you for being understanding, I will just pay for it and like I said if I get caught then fair enough.

I don’t think you realise the seriousness of your actions, if you admit to using a fake name and address there’s a very real possibility you’ll be done for perverting the course of justice, which carries a prison sentence...

 

[HelpMe406]

I don’t think you realise the seriousness of your actions, if you admit to using a fake name and address there’s a very real possibility you’ll be done for perverting the course of justice, which carries a prison sentence...

I know I guess there’s no going back now. So when the fine comes I’ll pay for it and if I get caught then I guess it’s prison for me. My fault

 

[matt_world2004]

You need to advise the train operating company if the correct details otherwise this is going to get so much worse for you. Courts don't issue fines to non existent people

 

[HelpMe406]

You need to advise the train operating company if the correct details otherwise this is going to get so much worse for you. Courts don't issue fines to non existent people

So if they don’t issue fines to no existing people why has that name gone to court?

 

[matt_world2004]

They

So if they don’t issue fines to no existing people why has that name gone to court?

They will only find out that name is false when they try to attach a ccj to it or a criminal record which is often tied to an NI number or other form of identification so they can garnish salaries in the event of non payment

 

[HelpMe406]

They

They will only find out that name is false when they try to attach a ccj to it or a criminal record which is often tied to an NI number or other form of identification so they can garnish salaries in the event of non payment

Well guess I’m going to prison then. Thanks for letting me know

 

[HelpMe406]

They

They will only find out that name is false when they try to attach a ccj to it or a criminal record which is often tied to an NI number or other form of identification so they can garnish salaries in the event of non payment

But I read that that’s after you have not payed the fine they have given. They will try and detach your earnings if you don’t pay the first few fines given by the court.

 

[matt_world2004]

But I read that that’s after you have not payed the fine they have given. They will try and detach your earnings if you don’t pay the first few fines given by the court.

No they will typically set this up as part of the sentencing process. In the eventuality you don't pay your fine.

 

[HelpMe406]

No they will typically set this up as part of the sentencing process. In the eventuality you don't pay your fine.

So that basically means I’m going to prison 100% then. Well guess I’ll be starving my self when I’m locked up

 

[matt_world2004]

So that basically means I’m going to prison 100% then. Well guess I’ll be starving my self when I’m locked up

Why not give the correct details to a TOC.

 

[HelpMe406]

Why not give the correct details to a TOC.

Because it has gone to court, the hearing is in September isn’t it too late ? Like I said i hold my hands up but if I go to prison I’m 100% going to starve myself.

 

[matt_world2004]

Because it has gone to court, the hearing is in September isn’t it too late ? Like I said i hold my hands up but if I go to prison I’m 100% going to starve myself.

You still have time to correct yourself by contacting the TOC and court and explaining.

 

[startingaparty]

I'm not a solicitor and not very clued up on law but in my opinion: I doubt they are going to give you a custodial sentence and use a prison space on someone who gave a fake name. Hardly a threat to society are you. Honestly, just tell them now. You are going to court anyway so not really a lot left to lose.

 

[AntoniC]

Really ???

Perverting the Course of Justice IS a serious crime and CAN lead to a prison sentence if convicted

See R v Chris Huhne and Vicky Price - both jailed for 8 months for lying about a speeding ticket

Source : The Guardian https://www.theguardian.com/uk/2013/mar/11/chris-huhne-vicky-pryce

 

[some bloke]

For such a potentially serious matter there may be more suitable routes to advice than an internet forum.

You may be about to compound your deception, making the situation worse for all concerned.

A court might view the situation differently if you own up, rather than get found out; and if you own up now rather than pretending again when you pay the fine.

You and possibly your brother might be wise to consult a solicitor who deals with criminal matters.

 

[some bloke]

Contributors may like to bear these in mind:

1. The risk of comments on here being interpreted or misinterpreted as
a) offering comfort for the idea of continuing the deception, or
b) implying that confessing is a bad option.

2. The public interest dimension as well as what might seem the defendant's interests.

@HelpMe406, even your own interests may be wider than they appear. For example, you may face unintended consequences of worry later in life if you don't come clean.