False Penalty Fare - Advice Needed

[Trooper]

Hi,

This is my first time on here and it seems there's a lot of helpful people so any advice would be much appreciated.

Last week through the post I received a further steps notice fine of £145 from the local enforcement office. After calling up they explained I didn't pay a fine and didn't show for a court summons. The address this was all sent to was unknown to me and I believe someone from college has used my details (name and DOB) to escape a fine.

Today I visited the local magistrates courts and filed a Statutory Declaration of True Name (SDTN), it was all very nerve racking and they said the metro system may investigate. I know I have nothing to worry about because it wasn't me but I really wanted to know what happens from here, what may come back to me and if any one else has had the same problem.

I was originally just going to pay the fine off to end the worry but they explained I'd receive a criminal record which is something that I really don't need.

Thanks

 

[cuccir]

First, definitely never pay a fine that's not yours just to avoid hassle!

Just to clarify:

1. The name and D.O.B. is yours, but the address isn't? Do you know the address and who lives there?

2. Do you suspect a specific person of giving your name, or just that it's likely that it's someone from college?

I'm not sure how many people here will be able to help as this is more a 'regular law' than 'rail law' issue, but there are one or two legal people who hang about here; I'm sure clarifying the above questions will help them.

 

[185]

If they do things like a similar Metro system, they will have taken a physical person description too, to remove a lot of the doubt.

Also, specific questioning methods, done while ascertaining identity when there is no form of ID - if done correctly and carefully, this should expose wrong details being given.

CCTV usually holds for a quite a few months nowadays, and is occasionally used where necessary.

 

[Trooper]

Yeah it seems to have all my details but the address is totally random, I have no idea who lives there or the area.

I suspect it's very likely it's someone from college, it's Newcastle College and my building alone has 4000 students, about 80% of students pass through central station including myself every morning.

This all happened last year in May. They have informed me CCTV is recorded over after 28 days so they have no footage, they used to also take physical descriptions but Im not sure if they still do.

 

[Chapeltom]

People who use the details of others to escape punishment should have the book thrown at them. There really should be measures to ensure people cannot do this.

 

[DaveNewcastle]

I'm familiar with some of the staff in Newcastle Magistrates' Clerk's Office and am confident they will be able to process your Declaration properly.

But for your peace of mind, though, keep in touch with them, and if you don't hear anything you could call them in a week or two to ask for written confirmation that there will be no Claim showing as outstanding in your name and that the Claimant (Metro?) has withdrawn its claim.
For double peace of mind, you could even call the Claimant to ask for their confirmation too, in writing, if you think you might want something to produce in the future. Don't be nervous about asking, it won't be the first time they've been given false details!

 

[lyndhurst25]

It looks like some despicable scumbag has got it in for you by using your name and DOB. If I were you I'd be seeking qualified legal assistance with this. I'd go to Citizen's Advice or see a Solicitor.

 

[142094]

The one thing I cannot work out is how the Further Steps Notice Fine reached you, if the address on the other letters etc was different.

You should probably give DB Tyne and Wear a ring straight away to see what they can do on their end. Number is 0191 203 3199

 

[Trooper]

They found me using Home Office, I've just moved address in November so I'm guessing they've picked me up using DOB and name. I've already contacted Nexus, although one person was extremely helpful and understanding, after numerous calls as you can imagine just trying to understand everything, different people just didn't care.

It was almost like they were just shrugging it off, as if I was lying. I wasn't trying I be a pain but when a court order comes through your door everything just stops, so I rang about 4 times just getting all the imformation and checking there was no more fines in my name, luckily it's just the one but apart from one most staff were just being snobby with me.

 

[GadgetMan]

If you can find out the date and time this person was detected, it may help prove your innocence if you were fortunate enough to have been in a lecture or some place similar where your presence can be documented. You can't have been in 2 places at the same time.

 

[142094]

You should be phoning DB as they operate the Metro on behalf of Nexus, and therefore also the Penalty Fare scheme.

 

[Trooper]

Just to say a huge thank you for all your help it's been great, I've worked out that i actually had a physics exam that day at 9 which lasted 3:45 hours, so that rules out a good portion, I've phone DB and they've just advised me to submit a SDTN which I did this morning and they'll maybe investigate it.

In my opinion I'm not sure what they want to investigate, the woman told me they'll compare my signatures but apart from that I'm not sure how they're gonna catch the person that's done it or try and prove its me, I know the CCTV lasts 28 days which would be gold in this case. As long as they don't try and pin it on me ill be happy

 

[Chapeltom]

I hope it all works out, keep us updated though. We like to see good results!

 

[MichaelAMW]

A question for the legal eagles: is there any reason the OP can't simply say that the person they are looking for is not him, and that he knows nothing of the incident, leaving either the court or Metro to come back with clear evidence of identity? If they have simply confirmed the existence of a particular person at a particular address then that is rather obviously not foolproof...

The OP has my sympathy: life has a habit of dragging us into things that are nothing to do with us, but we still have to face the consequence of sorting the mess out. I was sent a claim for a fare once (> 5 years ago), as far as I can tell owing to the issue of an UFPN, and I simply wrote to say it wasn't me; I never heard another thing. I often wondered if the 'culprit' used my name falsely as s/he knew of my frequent rail travelling.