How to Reopen a Fare Evasion Conviction If You Didn’t Receive the Paperwork

How to Reopen a Fare Evasion Conviction If You Didn’t Receive the Paperwork

If you’ve been convicted of fare evasion without your knowledge, it can be a deeply unsettling experience. Many people find themselves in this situation, unsure of how to resolve it in their favour.

How to Reopen a Fare Evasion Conviction with a Statutory Declaration – Expert Guidance from Manak Solicitors

A fare evasion conviction can carry serious consequences, such as fines, a criminal record, and potential professional or personal fallout. If you were convicted without knowing—perhaps because you didn’t receive paperwork like a summons—you have the right to challenge the conviction using a statutory declaration. At Manak Solicitors, we specialise in supporting individuals with fare evasion cases, ensuring your rights are upheld and your case is managed effectively.

This guide explains how to reopen a fare evasion conviction by making a statutory declaration, outlines your legal options, and shows how Manak Solicitors can assist you.

 What is a Statutory Declaration?

A statutory declaration is a formal legal statement, made under oath, confirming that you were unaware of the court proceedings that led to your conviction. Under Section 14 of the Magistrates’ Courts Act 1980, you can make a statutory declaration if:

• You were not served with court documents, such as a summons or notice of prosecution.
• You didn’t know about the conviction until after the proceedings had concluded.

Why Might You Need a Statutory Declaration in Fare Evasion Cases?

Many fare evasion cases are prosecuted under laws such as:

• Regulation of Railways Act 1889
• Fraud Act 2006
• Railway Byelaws

If you didn’t receive the paperwork, it could be due to:

• Errors in the postal system.
• Incorrect address details held by the transport authority or court.
• Delays or failures in delivering the summons.

Without proper notification, you lose the chance to respond, defend yourself, or settle the matter before a conviction is recorded, which can lead to fines, a criminal record, or enforcement action.

Steps to Reopen a Fare Evasion Conviction Using a Statutory Declaration

1. Identify the Conviction
• Contact the court that dealt with the case to confirm details of the conviction, including the date, charges, and sentence.  
• Obtain the case reference number and instructions on how to submit a statutory declaration.
2. Prepare Your Statutory Declaration
• The declaration must clearly state that you were unaware of the proceedings that resulted in your conviction.
• Include your name, address, case details, and the reason you didn’t know (e.g., not receiving paperwork).
3. Make the Declaration
   You must swear your statutory declaration in the presence of:
• A magistrate at a magistrates’ court, or
• A solicitor authorised to administer oaths.
  At this point, it’s strongly recommended to seek help from expert solicitors like Manak Solicitors to ensure your declaration is valid and thorough.
4. Submit Your Declaration Within 21 Days
• Ideally, submit the statutory declaration within 21 days of discovering the conviction.
• If this deadline has passed, you may need to explain the delay, and legal representation can assist with this.
5. Await the Outcome
• If the declaration is accepted, the conviction is set aside, and the case is reopened.
• The transport authority may then decide to re-prosecute or settle the matter out of court. How you handle the negotiation with the train company and the timing of such discussions is crucial. 

 How Manak Solicitors Can Help

At Manak Solicitors, we have extensive experience supporting clients in fare evasion cases. Here’s how we can assist you in reopening your conviction:

1. Drafting a Robust Statutory Declaration
   Our solicitors will meticulously prepare your statutory declaration, ensuring it meets all legal standards and clearly explains why you were unaware of the proceedings.
2. Tactical Advice

We are able to provide you with advice to ensure your statutory declaration is dealt with quickly. Court’s often quote a six month waiting time for the statutory declaration be processed, we help clients achieve this in a much quicker way.

3. Negotiating with Transport Authorities
   In many instances, we can liaise with transport operators to resolve the matter without further court action.
4. Offering Comprehensive Legal Support
   We know fare evasion cases can be stressful, particularly for professionals or those worried about their record. Our team provides tailored advice and guidance every step of the way.

Why Choose Manak Solicitors for Fare Evasion Cases?

• Specialised Expertise: We have in-depth knowledge of fare evasion cases and statutory declarations.
• Proven Success: We’ve helped numerous clients overturn convictions and avoid unnecessary penalties.
• Discreet and Professional Service: We manage every case with confidentiality and care.

Contact Manak Solicitors Today

If you’ve been convicted of fare evasion without your knowledge, don’t let it affect your record or future. Act quickly to reopen your case with a statutory declaration. At Manak Solicitors, we’re here to guide you through the process and secure the best possible result.

Contact us today for expert legal advice and representation. Let us help you resolve your fare evasion case efficiently and effectively.

Manak Solicitors
Phone: 01689 870769
Email: [email protected]
Website: manaksolicitors.co.uk/services/fare-evasion/

Address: 265 High Street, Orpington, BR6 0NW