EMR Court Fines Received 1 year later from Marston Recovery

[LutonTraveller]

Hi,
So currently my situation is that I received my first ever debt fine from Marston Recovery in July 2024 from a case that started in September 2023 for a fine in March 2023, I was never aware of such fine and I was never contacted through any medium either by EMR, HMCTS Nottingham or Marston Recovery. Unfortunately I had to pay £831.30 which I was threatened and coerced into doing by Marston Recovery as I only had one case open. Upon calling them today to make the final payment I was told I had another case open that was from a date earlier than the previous case and I was not made aware of this before today. I was wondering how do I go about this as they have withheld information about a case from me and blamed it on miscommunication however I asked the agent back in July for any other cases etc which he had confirmed there was none and on top of that they have said they have been sending letters to an address in another city where I do not permanently live at. Can I appeal saying I never knew about any fines and that I never knew that these alleged fines of mine were taken into court even though I’ve paid for a debt previously and I’ve only found out that I can appeal

 

[Buzby]

It might be useful to contact Registry Trust for information on any/all court actions in your name. This will better place you to know what’s ahead (MR can’t be trusted to do this, as you discovered). Whilst you do this, make sure the payments you made have been correctly applied and the action shows as ‘satisfied’.

 

[LutonTraveller]

It might be useful to contact Registry Trust for information on any/all court actions in your name. This will better place you to know what’s ahead (MR can’t be trusted to do this, as you discovered). Whilst you do this, make sure the payments you made have been correctly applied and the action shows as ‘satisfied’.

Okay I’ll contact the Registry Trust and Yes all payments have been applied and satisfied. In terms of me appealing due to not knowing about any of this is it possible ?

 

[WesternLancer]

Okay I’ll contact the Registry Trust and Yes all payments have been applied and satisfied. In terms of me appealing due to not knowing about any of this is it possible ?

So are you saying you were never aware you were taken to court, prosecuted, found guilty and given a court fine as the sentence until you were contacted by a debt recovery firm seeking payment for that fine?

I understand there is a process to deal with this that ‘re sets the clock’ called a Statutory Declaration but there is a time limit on doing this from the point you first become aware that you were taken to court without knowing about it.

 

[LutonTraveller]

So are you saying you were never aware you were taken to court, prosecuted, found guilty and given a court fine as the sentence until you were contacted by a debt recovery firm seeking payment for that fine?

I understand there is a process to deal with this that ‘re sets the clock’ called a Statutory Declaration but there is a time limit on doing this from the point you first become aware that you were taken to court without knowing about it.

Yes I was never made aware that I was taken to court until I was contacted by Martson Recovery, and what do you mean by prosecuted? does that mean I have a criminal offence now?

 

[AlterEgo]

Yes I was never made aware that I was taken to court until I was contacted by Martson Recovery, and what do you mean by prosecuted? does that mean I have a criminal offence now?

Yes. You’ve been prosecuted and found guilty of a criminal offence, which may be a Bylaw, or a Regulation or Railways Act offence.

Do you have any knowledge of the timeline which may have led up to this?

 

[WesternLancer]

Yes I was never made aware that I was taken to court until I was contacted by Martson Recovery, and what do you mean by prosecuted? does that mean I have a criminal offence now?

If you are paying a fine issued by a court then you must be guilty of something (or I should probably say have been found guilty by the court as if you didn’t know you would have had no chance to even plead not guilty) If it’s a rail fare evasion prosecution then yes.

If you have been found guilty then there will be a criminal record.

Or is this some other sort of debt?

Do you think you travelled without valid rail ticket and got questioned by a ticket inspector which may have lead to a report to investigate you?

Or were you issued with a Penalty Fare of eg £100 that you then did not pay and they may have pursued this as a debt that you owe?

Can you tell us a bit more about what happened on the train originally or what you might have been doing ref tickets?

 

[LutonTraveller]

Yes. You’ve been prosecuted and found guilty of a criminal offence, which may be a Bylaw, or a Regulation or Railways Act offence.

Do you have any knowledge of the timeline which may have led up to thi

Yes. You’ve been prosecuted and found guilty of a criminal offence, which may be a Bylaw, or a Regulation or Railways Act offence.

Do you have any knowledge of the timeline which may have led up to this?

For my new case that’s been opened no, however I was informed about my previous one and I’ve had everything valid for the previous case in terms of ticket etc

If you are paying a fine issued by a court then you must be guilty of something (or I should probably say have been found guilty by the court as if you didn’t know you would have had no chance to even plead not guilty) If it’s a rail fare evasion prosecution then yes.

If you have been found guilty then there will be a criminal record.

Or is this some other sort of debt?

Do you think you travelled without valid rail ticket and got questioned by a ticket inspector which may have lead to a report to investigate you?

Or were you issued with a Penalty Fare of eg £100 that you then did not pay and they may have pursued this as a debt that you owe?

Can you tell us a bit more about what happened on the train originally or what you might have been doing ref tickets?

From what I know its a court issued fine and that I’ve been found guilty in absence, I’ve always travelled with valid tickets and anytime I’ve been stopped I’ve given my details and I dont have dates of when these instances occurred but only dates of when the cases were brought to court etc

 

[AlterEgo]

For my new case that’s been opened no, however I was informed about my previous one and I’ve had everything valid for the previous case in terms of ticket etc

Is the new case also relating to EMR?

What happened with the previous case? Why did you come to the attention of the train company? I assume what you want is to get the case set aside (annulled) based on your ignorance of the case, and settle privately with the company - but it will be difficult to give advice if we don’t know what happened.

 

[LutonTraveller]

Is the new case also relating to EMR?

What happened with the previous case? Why did you come to the attention of the train company? I assume what you want is to get the case set aside (annulled) based on your ignorance of the case, and settle privately with the company - but it will be difficult to give advice if we don’t know what happened.

Yes the new case is also relating to EMR,

So from the previous case from what I was told it is for boarding a train in a compulsory ticket area without a valid ticket (i dont know if that was the correct wording used) and from the date they gave me I had searched and found my ticket which was valid purchased from trainline. I assume that my new case is for the exact same thing which is the boarding a train in a compulsory ticket area without a valid ticket however I’ve not been given a date for when this incident happened only the court case start date

Yes. You’ve been prosecuted and found guilty of a criminal offence, which may be a Bylaw, or a Regulation or Railways Act offence.

Do you have any knowledge of the timeline which may have led up to this?

How long does this stay on my criminal record for?

 

[notmyrealname]

What is the reason that you didn't receive correspondence about the court case, do you know? A house move maybe?

 

[WesternLancer]

For my new case that’s been opened no, however I was informed about my previous one and I’ve had everything valid for the previous case in terms of ticket etc


From what I know its a court issued fine and that I’ve been found guilty in absence, I’ve always travelled with valid tickets and anytime I’ve been stopped I’ve given my details and I dont have dates of when these instances occurred but only dates of when the cases were brought to court etc

Apols but this doesn’t make sense. If you always had valid tickets why would they be stopping you and taking your name and address details?

Surely the railway staff would tell why your ticket wasn’t valid before requesting personal details from you. Can you recall more about what happened?

 

[LutonTraveller]

What is the reason that you didn't receive correspondence about the court case, do you know? A house move maybe?

They were sending letters to a address i never lived at ! I was at uni in the same city as the address listed however i stayed at 2 different addresses that were not the one listed

 

[AlterEgo]

How long does this stay on my criminal record for?

One year from date of conviction, assuming the fine is fully paid which satisfies your sentence.

 

[LutonTraveller]

Apols but this doesn’t make sense. If you always had valid tickets why would they be stopping you and taking your name and address details?

Surely the railway staff would tell why your ticket wasn’t valid before requesting personal details from you. Can you recall more about what happened?

Unfortunately no I can’t as I’m not able to remember the exact interaction nor day as I travel almost daily however I could be due to me taking either a earlier or later train which I can’t confirm as I don’t remember

 

[WesternLancer]

Yes the new case is also relating to EMR,

So from the previous case from what I was told it is for boarding a train in a compulsory ticket area without a valid ticket (i dont know if that was the correct wording used) and from the date they gave me I had searched and found my ticket which was valid purchased from trainline. I assume that my new case is for the exact same thing which is the boarding a train in a compulsory ticket area without a valid ticket however I’ve not been given a date for when this incident happened only the court case start date


How long does this stay on my criminal record for?

If you bought a ticket on train line after you stepped on board a train that means the ticket is not valid. You must buy before you board. Could that be what happened?

 

[LutonTraveller]

One year from date of conviction, assuming the fine is fully paid which satisfies your sentence.

Okay thank you for letting me know, So my first one that I’ve paid off today which was a case from september 2023 will be spent by next month? or september 2025?

If you bought a ticket on train line after you stepped on board a train that means the ticket is not valid. You must buy before you board. Could that be what happened?

No I always buy my tickets beforehand however I have had times where I’ve taken earlier trains due to convenience in shorter journey duration or the fact that the train is there and I’ve taken trains later due to cancellations or traffic disruptions but majority of the time I’ve travelled on time

 

[swt_passenger]

Yes the new case is also relating to EMR,

So from the previous case from what I was told it is for boarding a train in a compulsory ticket area without a valid ticket (i dont know if that was the correct wording used) and from the date they gave me I had searched and found my ticket which was valid purchased from trainline. I assume that my new case is for the exact same thing which is the boarding a train in a compulsory ticket area without a valid ticket however I’ve not been given a date for when this incident happened only the court case start date


How long does this stay on my criminal record for?

The only thing I can think of is, was this a ticket bought from a TOC website or Trainline etc, that had to be printed from a TVM, ie what’s known as ticket on departure (TOD)? Or was it an e-ticket that was intended to be displayed or printed out?

 

[LutonTraveller]

The only thing I can think of is, was this a ticket bought from a TOC website or Trainline etc, that had to be printed from a TVM, ie what’s known as ticket on departure (TOD)? Or was it an e-ticket that was intended to be displayed or printed out?

E-Ticket and purchased from Trainline

 

[WesternLancer]

Unfortunately no I can’t as I’m not able to remember the exact interaction nor day as I travel almost daily however I could be due to me taking either a earlier or later train which I can’t confirm as I don’t remember

So buying a ticket valid for a particular train but then using a different train? That would also mean ticket is not valid so if it went to court you would be found guilty.

But the problem is I guess that you didn’t even know it had been taken to court.

 

[LutonTraveller]

So buying a ticket valid for a particular train but then using a different train? That would also mean ticket is not valid so if it went to court you would be found guilty.

But the problem is I guess that you didn’t even know it had been taken to court.

Yes that’s exactly what I’m trying to get at, I never knew this was taken to court nor can I recall any fine yet I’ve been told letters have been sent to an address that I’ve not lived at and I do not recall providing fake details as far as I can remember

 

[WesternLancer]

Okay thank you for letting me know, So my first one that I’ve paid off today which was a case from september 2023 will be spent by next month? or september 2025?


No I always buy my tickets beforehand however I have had times where I’ve taken earlier trains due to convenience in shorter journey duration or the fact that the train is there and I’ve taken trains later due to cancellations or traffic disruptions but majority of the time I’ve travelled on time

Well if you want that flexibility you are best advised to buy tickets that are not restricted to particular trains. Eg buy an Anytime ticket. These are more expensive but in exchange have greater validity and would avoid risks of fines / prosecutions. Obviously that’s advice for the future.

Yes that’s exactly what I’m trying to get at, I never knew this was taken to court nor can I recall any fine yet I’ve been told letters have been sent to an address that I’ve not lived at and I do not recall providing fake details as far as I can remember

Ok. So may be you should consider doing a Statutory Declaration at the court or via a solicitor if this might help. I guess you need to know details of the prosecution like date etc to do that. I understand this re starts the clock on the case.

I am not an expert on these but there is another recent thread with info about them which you may find helpful to read.

 

[LutonTraveller]

Well if you want that flexibility you are best advised to buy tickets that are not restricted to particular trains. Eg buy an Anytime ticket. These are more expensive but in exchange have greater validity and would avoid risks of fines / prosecutions. Obviously that’s advice for the future.


Ok. So may be you should consider doing a Statutory Declaration at the court or via a solicitor if this might help. I guess you need to know details of the prosecution like date etc to do that. I understand this re starts the clock on the case.

I am not an expert on these but there is another recent thread with info about them which you may find helpful to read.

Yes but as a Uni student thats struggling in this current cost of living I can’t always afford to pay extra for the flexibility

Yes I think I’ll have to declare a SD and in doing so would this remove my criminal offences off my record?

 

[Spaceship323]

Yes that’s exactly what I’m trying to get at, I never knew this was taken to court nor can I recall any fine yet I’ve been told letters have been sent to an address that I’ve not lived at and I do not recall providing fake details as far as I can remember

Unless someone else has given your name and a random address when questioned, in which case the railway company has prosecuted the wrong person

 

[simonw]

Yes but as a Uni student thats struggling in this current cost of living I can’t always afford to pay extra for the flexibility

Yes I think I’ll have to declare a SD and in doing so would this remove my criminal offences off my record?

An SD, if done in time will reset things, but you may still be taken to court even after the reset.

 

[WesternLancer]

Yes but as a Uni student thats struggling in this current cost of living I can’t always afford to pay extra for the flexibilit

I sympathise but the solution to that is to comply with the ticket rules and travel on the right train that you chose when buying the ticket!

That’s far cheaper than ending up either £800 fines, criminal records and court debt collectors after you.

 

[Puffing Devil]

Yes but as a Uni student thats struggling in this current cost of living I can’t always afford to pay extra for the flexibility

Yes I think I’ll have to declare a SD and in doing so would this remove my criminal offences off my record?

Yes and No.

The current case will be removed, though you will still be expected to answer for the offence for which you were convicted. However, it seems that you have built up some hefty bailiff charges that should not have been paid. Going back to court will reset the fine to a level based on your student income. You may also be able to work with the train company to settle out of court. First job: put in a Statutory Declaration for each case that you are aware of.

 

[WesternLancer]

Yes I think I’ll have to declare a SD and in doing so would this remove my criminal offences off my record?

Not for the one you say you knew about and thus cannot do an SD fir now iirc. There would still remain a criminal record for that I assume.

I assume for that one you knew about it when you started to pay Marston Recovery - how long ago was that?

 

[AlterEgo]

Yes and No.

The current case will be removed, though you will still be expected to answer for the offence for which you were convicted. However, it seems that you have built up some hefty bailiff charges that should not have been paid. Going back to court will reset the fine to a level based on your student income. You may also be able to work with the train company to settle out of court. First job: put in a Statutory Declaration for each case that you are aware of.

It appears the OP became aware of the proceedings more than 21 days ago (July 2024) and cannot submit a SD for the initial case for which they have been fined.

 

[LutonTraveller]

Unless someone else has given your name and a random address when questioned, in which case the railway company has prosecuted the wrong person

How can I prove I’m the wrong person and what happens if they have found out I’ve given fake details(Not that I recall) do I get charged more or stay the same etc

An SD, if done in time will reset things, but you may still be taken to court even after the reset.

Yes I understand that, thank you

I sympathise but the solution to that is to comply with the ticket rules and travel on the right train that you chose when buying the ticket!

That’s far cheaper than ending up either £800 fines criminal records and court debt collectors after you.

Yes which I’ve tried to comply with majority of the time

Yes and No.

The current case will be removed, though you will still be expected to answer for the offence for which you were convicted. However, it seems that you have built up some hefty bailiff charges that should not have been paid. Going back to court will reset the fine to a level based on your student income. You may also be able to work with the train company to settle out of court. First job: put in a Statutory Declaration for each case that you are aware of.

Okay I’ll try that out then

Not for the one you say you knew about and thus cannot do an SD fir now iirc. There would still remain a criminal record for that I assume.

I assume for that one you knew about it when you started to pay Marston Recovery - how long ago was that?

I Found out about the previous one in July and paid it off today

It appears the OP became aware of the proceedings more than 21 days ago (July 2024) and cannot submit a SD for the initial case for which they have been fined.

Yes Unfortunately i only found out today i can appeal