Train Fine from years ago - Problem

Bobbins123

Hi everyone, I hope this is the right place, there's a lot of forums to choose from.
I'm really worried about what has happened as I've never been in trouble with the law, I'm at uni and in debt at the moment and was sure I sorted this when it happened... it happened quite a while ago so all of this is from memory...

In about 2006/07 I was studying at Staffordshire University and went to visit Birmingham City Univerisity for the day (can't remember why probs an open day) I had a ticket from Stafford to Perry Barr (which is in Birmingham) after the visit to the campus on the Perry Barr site we went to visit the inner city site, near to Birmingham New Street (BNS), so we went to the station to buy a ticket but the station was unmanned and the train was just arriving so we jumped on and took the 5 minute journey to BNS, we looked for a conductor on board to check our ticket was valid (as if it wasn't we'd have just used our return to go back to Stafford or bought a single to BNS) but couldn't find one and when we arrived at BSN we were told our tickets weren't valid and we'd have to pay a fine, we explained our situation but the bloke was having none of it and fined us anyway, we went on with our day and a few days later I sent a letter of appeal to where ever you send them, which I was sure would see the fine be overturned, I didn't hear anything back from when I sent it which I thought was strange but took as good news and about a month or so later I moved home to Southampton from University. I'd literally never heard anything from the rail company since this happened until today when I recieved some (very late) forwarded mail from my old address in Devon where I'd lived for about 6 months until just after Xmas 2010, the mail was from June to now (as the home owner who lived there now had forgotten she had it to forward)...

The first letter was from mid june and was a "Further Steps Notice" from West Midlands Central Finance Unit, basically saying I have a fine of £251.30!

The second (undated) is a "Notice of Distress" from a bailiff company called Philips saying I now owe £326.30 "For the offence of: enter train without ticket"

The third is dated for the start of July and is a "Notice of Intention to Enter Property & search your possessions" with the same fine as above...

I've now moved twice (due to an accident I had) since this was sent so they could have sent further letters since then...

Is there anything I can do about this? I was very sure the matter had been dealt with and it was such a silly fine anyway, but if for some reason the appeal wasn't overturned I'd have been happy to pay the fine but I never got anything to tell me it hadn't so assumed it had.
Any help would be greatly appreciated, thanks for reading...

EDIT - also I'm not sure what happened with the person who was with me as I haven't been in contact with him for years

Stigy

It sounds as though the Penalty Fare you were issued had escallated, and when no response was received from you, they proceded to the Magistrates' Court, which would explain the finance unit sending you a letter, and it would appear that the Bailiff letter was from a bailiff with regards to the unpaid court fine.

If you had no idea that court action was pending (due to not living at that address anymore) you can make a Statutory Declaration to the court in order to have the case heard again, as you weren't aware of the proceedings.

Bobbins123

Stigy wrote: »

It sounds as though the Penalty Fare you were issued had escallated, and when no response was received from you, they proceded to the Magistrates' Court, which would explain the finance unit sending you a letter, and it would appear that the Bailiff letter was from a bailiff with regards to the unpaid court fine.

If you had no idea that court action was pending (due to not living at that address anymore) you can make a Statutory Declaration to the court in order to have the case heard again, as you weren't aware of the proceedings.

Hi Stigy, thanks for the quick reply, what would this entail? Do you think it would actually be likely to make any difference? I'm really annoyed at this whole situation but know I need to do something to sort it. Thanks again.

Stigy

Bobbins123 wrote: »

Hi Stigy, thanks for the quick reply, what would this entail? Do you think it would actually be likely to make any difference? I'm really annoyed at this whole situation but know I need to do something to sort it. Thanks again.

It might not make any difference to the outcome, as it's already gone to court by the looks of things, so there's no way in which to settle out of court now. Obviously you'll lose the extra bailiff fees that an ignored court fine induced. Judging by what's been said, I'm assuming it's gone to court already, unless the letters were craftily working private debt collection letters of course. Was there a summons in amongst it all, I cant remember if you said there was?

You have about 21 days I believe to make a Stat Dec to the court, from the date you heard about the case. I'd want to be sure it's gone to court first though.

Bobbins123

Stigy wrote: »

It might not make any difference to the outcome, but it's already gone to court by the looks of things, so there's no way in which to settle out of court now. Judging by what's been said, I'm assuming it's gone to court already, unless the letters were craftily working private debt collection letters of course. Was there a summons in amongst it all, I cant remember if you said there was?

You have about 21 days I believe to make a Stat Dec to the court, from the date you heard about the case. I'd want to be sure it's gone to court first though.

Hi Stigy, the first I'd heard of it since it happened was the letter telling me I've been fined the £250, so no summons. Do you know how I find out if it went to court?
Thanks again

Stigy

Bobbins123 wrote: »

Hi Stigy, the first I'd heard of it since it happened was the letter telling me I've been fined the £250, so no summons. Do you know how I find out if it went to court?
Thanks again

If wording such as 'fine' has been used, it's likely it's gone to court. The letter from the supposed Fines Unit, will clearly be a court address, too. If it's not actually from a fines unit it'll be clear, or should be!

Bobbins123

Looks genuine to me, I'll write a letter to the address on the letter tomorrow explaining my situation and see what they say, unless you think there's a better way to go about dealing with it?

Stigy

Bobbins123 wrote: »

Looks genuine to me, I'll write a letter to the address on the letter tomorrow explaining my situation and see what they say, unless you think there's a better way to go about dealing with it?

Yeah, or give them a call and see what they suggest. That way if you get the wrong people they'll more than likely be able to transfer you.