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Default Judgement - Bus Fare Evasion - 9 Years ago - Fine issued


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My flatmate/friend has received a letter from the Historic Debt Centre of Port Talbot Justice Centre.

The letter states there is an outstanding fine of £130 in his name.

After he initially considered it a fake, I investigated it on his behalf and have confirmed it is real.

The fine was issued in September 2007 at Brent Magistrates Court.

 

 

This letter dated January 2017 is the first he knew of it.

After contacting Brent Magistrates Court it appears that in June 2007 he was 'allegedly' a passenger on a Public Service Vehicle operated on behalf of London Bus Services Ltd where he did not immediately on boarding pay the fare to the driver for the journey he intended to take.

This was proved in absence and there was no plea recorded.

 

- He moved during 2007, but with postal redirect for 3 months following the move (same building different flat.)

 

 

Subsequently he's moved a total of 4 times since 2007. Never received a summons.

 

- Having given him a verbal grilling (I made a grown man cry....I'm clearly quite mean at times) he's adamant that he has not evaded a fare, that he has no recollection of being pulled aside by an inspector 9 years ago, before or ever.

He's panicked about all this,

 

 

I've calmed him with cold facts after spending some time researching and found that 21 days following acknowledgement of a notice of outstanding fine is the time limit for when action can be taken by Bailiffs.

 

 

Given he claims he is innocent I've suggested he should enter a Statutory Declaration, which if the Court was willing would reset the clock, voiding the default judgement and fine.

 

 

What I'm not certain about is the process following.

 

 

Given that it has been almost 10 years whether its actually beneficial to do so, he's never had any problem because of this default judgement maybe the cost of £130 is a small price to pay to avoid a hell of a lot of hassle.

 

 

Then I consider if this was me, I'd be fighting to clear my name and on that basis I decided I will help him pay for legal assistance to vindicate him if that becomes necessary. Sorry - I'm digressing.

 

Odd to say this,

but fortunately he's an OCD sufferer.

He hoards things, especially paperwork which is why I think he is telling the truth about this not being something he is guilty of,

 

 

he would have kept any paperwork issued by an inspector,

if he had received a Court Summons he'd have freaked out.

 

 

What he does have is his Tenancy agreements for every flat he's lived in since he moved here, along with the details of Postal redirects.

I assume this would be adequate documentation to prove a summons was not received.

 

1) What is the process following entering a Statutory Declaration?

2) What evidence needs to be produced for them to prosecute him?

3) How likely given the time passed and value would the Court be willing to revisit/reopen this?

4) What law are they/will they be prosecuting him under?

 

I'd be grateful for any guidance you would be willing to provide.

Edited by Ricola9
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Sounds like convicted of fare evasion, which would have come off official records by now due to rehabilitation of offenders act. But the fine is still outstanding.

 

The statutory declaration would be to say that he never received any summons about this and is not aware of ever being stopped by a bus inspector regarding fare evasion.

 

Should be able to book an appointment at Port Talbot Magistrates to make the statutory declaration and it would go back to Brent i would have thought.

 

Wait for other comments. I can't see it is too late to do this, but there may be rules on time period allowed. If this is the first time he has been made aware of this, them i can't see why he should not be able to make the declaration.

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