Statutory Declaration in Fare Evasion

Thousands of private prosecutions for rail fare evasion take place across England and Wales each year. They are prosecuted via the Single Justice Procedure, which allows Magistrates to make decisions on cases, without Defendants being present.

Whilst this can speed up the legal process, unfortunately, it can also result in convictions being recorded, without the knowledge of the Defendant.

It can be deeply unsettling to know that you have lost your clean criminal record, especially when it can appear on criminal background checks, and require disclosure on visa applications.

If you find yourself in this position, it is crucial to know that the conviction can be reversed via the statutory declaration process. It may then be possible to negotiate an out of court settlement with the train company, avoiding any criminal conviction.

Reeds Solicitors are specialists in this area and can offer expert advice, as you try to navigate what can be a daunting and confusing process. We can offer virtual meetings, so we are able to assist you wherever you are in the country.

If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at fareevasion@reeds.co.uk.

HOW CAN I GET CONVICTED WITHOUT KNOWING ABOUT THE LEGAL PROCEEDINGS?

A common issue is when someone moves address before any correspondence or court paperwork is sent out by the train company. On other occasions, an individual may give the inspector an old address by mistake, or a typo is made when noting the address details. If paperwork is simply lost in the post, it will also result in the same outcome.

When a Defendant does not respond to the court paperwork, the prosecutor will ask the Magistrates to convict on the basis of the statements contained within the court papers.

WHY HAVE I RECEIVED AN ATTACHMENT OF EARNINGS ORDER OR FURTHER STEPS NOTICE?

When the financial penalty imposed by the court remains unpaid, the enforcement agency will seek to chase payment from the Defendant. During this process, they are often able to discover a more up-to-date address. This is why many people first become aware of the issue when they receive an Attachment of Earnings Order letter or Further Steps Notice.

WHAT IS A STATUTORY DECLARATION?

A statutory declaration is a process whereby legal proceedings can be reopened if the Defendant was unaware of them at the time. If successful, the statutory declaration has the effect of restarting the case at the beginning of the proceedings.

WHAT IS A FARE EVASION CONVICTION?

Generally, the train operators prosecute under one of the following two offences:

1. s.5(3) of the Regulation of Railways Act 1889 – intentionally travelling on the Railway without having paid the fare.
   
2. Railway Bye Law 18(1) & 17(1)- Entering a train for the purpose of travel without a valid ticket. 

The Magistrates record the criminal conviction at court when a Defendant does not reply to the court summons. This is allowed under the Single Justice Procedure.

WHY HAVE I BEEN PROSECUTED FOR FARE EVASION?

The train companies argue that prosecutions are in the public interest because of the huge sums of money which are lost to the rail industry as a result of fare evasion. Prosecutions act as a deterrent, in theory discouraging others from evading their fares. It is also remarkably easy to generate a court summons.

If no reply is received to the initial letter sent by the train company, a court summons will inevitably follow.

HOW CAN REEDS SOLICITORS HELP ME?

We are experts in this area and can offer advice on how to reverse the conviction via the Statutory Declaration process. Following this, we can make representations to the train company to settle the matter out of court.

It is essential to act quickly, because you only have 21 days to lodge a Statutory Declaration application once you have discovered the conviction. Otherwise, an out of time application will need to be made.

Fixed fees

The starting point of our service is a virtual meeting, which includes:

• Detailed guidance and advice about the full Statutory Declaration process
• Advice on how to complete the relevant forms and outline the information in a clear and concise way
• Advice on plea and seeking an out of court settlement

It is crucial to note that the court will ask you whether you plead guilty or not guilty at the Statutory Declaration hearing, and in prior paperwork. This needs to be handled in the right way in order to allow the opportunity to seek an out of court settlement once the case has been reopened.

Support throughout

We also offer a fixed fee package to support you throughout the entire process, which includes:

• The statutory declaration being sworn before one of our solicitors and served on your behalf to the court. This will remove the need for you to attend court in person.
• Drafting the statutory declaration form on your behalf and submitting it.
• Obtaining the original court summons from the court or prosecutor (if necessary) and completing the plea page.
• Submitting representations to the train company, seeking to resolve the matter out of court and liaising with them throughout.
• Chasing the Magistrates’ Court to expedite the process.

Obtaining legal advice is crucial. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at fareevasion@reeds.co.uk.

For more information about our support in fare evasion cases, please consider reading our fare evasion services page here.