CCJ and recovery for an unpaid train ticket

spacey2012

Ask them for the case or hearing number, if they refuse to give this, tell them not to bother coming back until they do have it.

Specialk78

spacey2012 wrote: »

Ask them for the case or hearing number, if they refuse to give this, tell them not to bother coming back until they do have it.

Hi, as per my post above they have now provided me with a Magistrates court reference. Would the next step be to contact the court directly?

Tixy

Yes - I would contact the court and see what information they can provide to you.

Specialk78

Tixy wrote: »

Yes - I would contact the court and see what information they can provide to you.

Thanks - Magistrates phone lines close at 17:00 so this will have to be a job for tomorrow.

Presumably they will tell me that that the train company has made an application for an unpaid train fare in my name. If I was not travelling on the day in question how would I go about disputing this and reversing the courts decision as presumably Collectica will continue to try and collect it while the order is effective?

They have now added a further £200 to the balance from when they served me the letter bringing it to £627.20 :mad:

dgtazzman

Seeing as it's a year since the ticket was issued and you have had nothing in the interim, it really does sound like mistaken identity and I would really check if the judgement is against you. I'd find it very strange that they suddenly show up on your doorstep as papers would have had to be served before they started court proceedings and they obviously found your new address as they showed up on your doorstep. All seems very strange to me...

Specialk78

dgtazzman wrote: »

Seeing as it's a year since the ticket was issued and you have had nothing in the interim, it really does sound like mistaken identity and I would really check if the judgement is against you. I'd find it very strange that they suddenly show up on your doorstep as papers would have had to be served before they started court proceedings and they obviously found your new address as they showed up on your doorstep. All seems very strange to me...

How do you know its has been a year since the ticket was issued?

I moved house in August 2012 so the court papers were probably served to my old address.

Specialk78

Tixy wrote: »

Yes - I would contact the court and see what information they can provide to you.

Ok so I have spoken to the court this morning; they have given me some information that it relates to failing to produce a valid ticket for a journey on 24th October 2012 and that judgment was sought and granted on 25/6/13.

I advised the court clerk that this was not me - I now have to attend upon Birmingham Magistrates court and complete a 'statutory declaration' on Monday 23/9/13.

The case then goes back to London Midland trains and it is up to them whether they wish to prosecute again; this time though I can file a defence (which is that I was not travelling on the day in question).

It will be interesting to see whether they do choose to go ahead after I complete the statutory declaration.

LeeSouthEast

Keep us posted!

Specialk78

LeeSouthEast wrote: »

Keep us posted!

Ok; so I attended the magistrates on Monday 23/9/13; the statutory declaration was awarded by magistrates on the grounds that:

1. I am the defendant
2. I now know that the hearing in this case was dealt with on 25th June 2013
3. I did not find out about the case until 16th Septemeber 2013
4. I found out about the case when I received a visit from the bailiffs.

Lets see what happens now and if they choose to re-issue the claim to me at my current address