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Original poster

Help - Son issued with court summons for non payment of train fare - wrong person and wrong address

112 replies

Jesuswasacapricorn · 05/04/2025 05:44

Awake and worried about potential repercussions of this. I'll try and explain it as simply as I can without giving info - all names have been changed to protect the innocent 😀

  1. Joe Bloggs - address in the North - date of birth 01.01.2003
  2. Joe Bloggs - address in the South - date of birth 01.01.2006

Son (Joe Bloggs 1) gets a court summons at his home address for non payment of a train fare by Reading Courts, travelling on GWR in January. He's never travelled on that train and was at uni in an exam at the time it was issued. The first covering page of the summons has his name and our address in the north.

On the actual court summons itself it has the name of Joe Bloggs 2, address in the south and date of birth as 01.01.2005 and also 01.01. 2006.

I am concerned about where they have got my address from and if it will affect a/ my son's credit rating and b/ his job prospects - he has just got a job today to work in finance.

I'm awake fretting that this will affect his ability to get a mortgage and they'll search him and see this against him. What the hell do we do to sort out this?

We've emailed the revenue person at the train company that's on the summons and son has called the revenue protection where he now has to prove it wasn't him - the guy on the phone called him dude - that's another rage in itself. He has the evidence of being in his final exam.

I'm absolutely fuming that they've broken GDPR by messing up all this information and caused stress when its nothing to do with him. And the original Joe Bloggs won't get his summons.

OP posts:
Original poster
Jesuswasacapricorn · 05/04/2025 07:19

FortyNineAndABit · 05/04/2025 07:18

You obovisly need to let the powers that be know that they have got the wrong person but worrying about job prospects and future mortgagability is a total overreaction on your part. Talk about catastrophising! They've made a clerical error and your son can easily prove it wasn't him. The birth dates don't even match.

Oh believe me I know. I'm absolutely terrible for it. Life has been really difficult over the last few years and I think I just immediately go to the worst possible scenario.

OP posts:
Clarinet1 · 05/04/2025 07:20

Jesuswasacapricorn · 05/04/2025 06:54

So my plan of attack is to photocopy letter received and all evidence and son's id. Send with a letter to both clerk of court and GWR revenue protection (copying them in on each letter) detailing the error and asking for confirmation that there is nothing outstanding against my son. Does that seem like the best course of action?

Sounds fine to me; However, if your son is of an age and intelligence to have completed a degree, why is he not resolving this issue himself?

Original poster
Jesuswasacapricorn · 05/04/2025 07:21

Clarinet1 · 05/04/2025 07:20

Sounds fine to me; However, if your son is of an age and intelligence to have completed a degree, why is he not resolving this issue himself?

Show quote history

You are right and I'm going to leave him to it now. He had no idea what a CCJ could do to his future credit rating. There's me and his dad panicking. He's so laid back he's horizontal. I will let him adult.

OP posts:
Littletreefrog · 05/04/2025 07:23

Jesuswasacapricorn · 05/04/2025 07:21

You are right and I'm going to leave him to it now. He had no idea what a CCJ could do to his future credit rating. There's me and his dad panicking. He's so laid back he's horizontal. I will let him adult.

Show quote history

He has a degree and a job in finance but doesn't understand what a CCJ could do to his credit rating? Yep definitely time to adult for him I think.

daisychain01 · 05/04/2025 07:23

Apart from the good advice given, you really need your son to engage in the process. You are doing him no favours by not empowering him to write the letters, contact the court, know what is happening in this whole process.

it sounds like you're doing all the heavy lifting when he is the involved adult not a minor, he's in higher education and presumably can fight his own corner. This is a good education for him, so don't over-protect him from this reality.

ETA cross posted with @Clarinet1 but my point still stands

ceaseanddesisttobailiffs · 05/04/2025 07:23

@Jesuswasacapricorn - this happened to us.
Initially we had letters from the train company with the fine - had the fare dodger’s name (probably fake) and our full address.
Then threat of courts summons.
We kept sending them back to sender, writing on the envelope that this person does not live at this address and to stop sending their correspondence here.

Finally we got a hand delivered letter from the bailiffs. The letter had a contact email and so I sent them a cease and desist email. They asked for proof of ID and I sent utility bills with DH and my names on.
That was the last I heard on the matter, although not sure how that proves that fare dodger did not live with us.

Original poster
Jesuswasacapricorn · 05/04/2025 07:25

daisychain01 · 05/04/2025 07:23

Apart from the good advice given, you really need your son to engage in the process. You are doing him no favours by not empowering him to write the letters, contact the court, know what is happening in this whole process.

it sounds like you're doing all the heavy lifting when he is the involved adult not a minor, he's in higher education and presumably can fight his own corner. This is a good education for him, so don't over-protect him from this reality.

ETA cross posted with @Clarinet1 but my point still stands

Edited

Thank you. I know. I'm just over protective of the family at the moment for various reasons. I need to stop.

OP posts:
daisychain01 · 05/04/2025 07:29

It's not dissimilar to the parallel situation I experienced of being accused of hitting a car 180 miles from home and the battle I faced to clear my name. It's the first time it's ever happened to me but by the end of it, what an education in how poor insurance companies are at managing faulty accusations.

this situation is not dissimilar in that the rail company just wants to pin the charge to someone and they push and push even if the person is 100% innocent, so it's very good that you're shoring up your defences on this OP because these big companies don't care about the repercussions, they're happy to say guilty until proven innocent which is disgraceful but the reality,

Napface · 05/04/2025 07:34

Dp has twice been chased for a debt that wasn't his but someone else with the same name a DOB. He was able to sort it all out over the phone, his credit rating unaffected and we have since got a mortgage without any problems. I'm sure it will be fine op.

Original poster
Jesuswasacapricorn · 05/04/2025 07:36

Napface · 05/04/2025 07:34

Dp has twice been chased for a debt that wasn't his but someone else with the same name a DOB. He was able to sort it all out over the phone, his credit rating unaffected and we have since got a mortgage without any problems. I'm sure it will be fine op.

Sounds like a nightmare. The fact that they have a scoundrel doppleganger racking up debt all over the country. 😂

OP posts:
Ophy83 · 05/04/2025 07:51

Write to the court informing them there has been a data breach as JB1 now knows about JB2's summons.

LBFseBrom · 05/04/2025 08:01

ScrewedByFunding · 05/04/2025 05:59

Just write back pointing out that the person they've sent it to and the intending recipient are different.

Get him to do that straight away, send with proof of idm by recorded/signed for, keep a copy. Then forget it. These things happen, I've had odd letters and emails with mistaken identity here and there, they are easily dealt with and come to nothing.

I doubt calling someone 'Duke' means much in the scheme of things, especially if your son and the person to whom he was speaking are young.

What has an exam to do with anything?

If you are concerned with this matter and subsequent phone calls, and your son is doing exams, it sounds as though he is a long way off having a mortgage.

Stop worrying! It really is not a big deal, honestly.

Roseshavethorns · 05/04/2025 08:09

The summons itself has not been issued to your son.
Although the name is the same on the summons the date of birth and address is not. All that has happened is that someone has clicked on the incorrect address from a drop down box when addressing a covering letter.
If your son was to ignore it, it wouldn't be him that they would chase it would be the intended recipient of the summons, the person whose name, address and date of birth is contained within the summons itself.
In this instance I would advise your son to contact the court and railway company out of courtesy to let them know that they have sent the summons to the wrong address.
Your son won't have to prove anything as the summons has not been issued to him.
The only gdpr breach that has happened, has happened against the intended recipient of the summons. I would contact them out of courtesy too. They may wish to make a complaint.
In this instance your sons response is the correct one.

Cyclistmumgrandma · 05/04/2025 08:10

Husband had something similar happen when we were living abroad. He had a speeding ticket sent from the south of the country. He could prove he had been in a work thing in the north of the country that he had needed to sign into at the time. Also the ticket stated a car and the registration given was for his motorcycle. He told them the facts and was asked for a copy of his registration document. They apologised and that was it. It turned out one of the numbers on the photo wasn't clear so they guessed. Husband's bike had a 3 and the number was actually an 8....

Original poster
Jesuswasacapricorn · 05/04/2025 08:15

Thanks for the advice everyone. I am aware I am catastrophising and over the top. Will get him to send a letter off.

OP posts:
Couldyounot · 05/04/2025 08:15

Sympathy, OP. If Ontrak were involved in this process somewhere they are a bunch of total bastards who will try all sorts of tricks. Good luck getting it sorted

JustAboutInsured · 05/04/2025 08:15

can you check on your house insurance to see if you have included legal cover?
I'd think that a solicitor would be able to sort this out more quickly, and give you peace of mind

Franjipanl8r · 05/04/2025 08:43

Is the letter genuine or a scam?

soupyspoon · 05/04/2025 08:45

Littletreefrog · 05/04/2025 05:55

I may be being stupid here but whilst I agree it's concerning the covering letter has his details on the summons doesn't have any of his details on so he isn't the person they are expecting in court and therefore doesn't have to prove anything.

This, they have simply sent the summons to the wrong address is all.

They havent sent it to your son because its not your son.

Livelovebehappy · 05/04/2025 08:46

Just make sure everything you send is via signed for/registered post too. Royal Mail are pretty shite and a lot of items are ‘lost’ in the post.

Summerishere123 · 05/04/2025 08:47

This happened to my DH. He got a fine and a court date for smoking on a train. Obviously we knew it wasn't him and we were actually on holiday at the time so easy to prove. He just contacted them and they fixed the mistake.
No repurcussions.

NoOneKnowsWhoYouAre · 05/04/2025 08:51

Jesuswasacapricorn · 05/04/2025 06:05

I know I'm fretting over something I probably don't need to be. I just had a thought that woke me up - what about his job? And its sent me down a rabbit hole. I may pay for a credit check just to see if there's anything there.

A credit check isn't going to show up a criminal conviction. Fare evasion is a criminal offence not a debt. It would show up on a DBS not a credit report. Just send off a plea of not guilty with a statement and evidence as to why he is not guilty.

Original poster
Jesuswasacapricorn · 05/04/2025 08:51

Franjipanl8r · 05/04/2025 08:43

Is the letter genuine or a scam?

Real

OP posts:
Agenoria · 05/04/2025 08:52

LBFseBrom · 05/04/2025 08:01

Get him to do that straight away, send with proof of idm by recorded/signed for, keep a copy. Then forget it. These things happen, I've had odd letters and emails with mistaken identity here and there, they are easily dealt with and come to nothing.

I doubt calling someone 'Duke' means much in the scheme of things, especially if your son and the person to whom he was speaking are young.

What has an exam to do with anything?

If you are concerned with this matter and subsequent phone calls, and your son is doing exams, it sounds as though he is a long way off having a mortgage.

Stop worrying! It really is not a big deal, honestly.

Show quote history

What has an exam to do with anything?

Try reading the OP's message? It's what her son was doing at the time of the alleged offence.

Nextdoortomeis · 05/04/2025 08:58

A few years ago I received a court summons from Durham Council for non payment of rent.
I live 300 miles away and when speaking to someone from Durham Council said they wrote to anyone with that name as the person had moved out of the area.
It took a while to prove it wasn't me.
So I understand your worry.