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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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My nephew has just been contacted through his work to say that

Customer Question

My nephew has just been contacted through his work to say that someone of his name had been stopped in 2009 for evading a train fare in Alexander Palace.
whoever it was gave an address in Enfield
He has never been to wother place and would have been 23 at the time.
Apparently the person stopped gave a statement and was summoned to court. They did not turn up.
My nephew workplace have been contacted to say that the courts believe it was him and he summoned to appear in court on 9th February.
He has a letter but no idea what 'evidence they have to conclude it is him.
What steps should he take and how can he bring this to a close?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
For what offence is he summonsed?
Customer: replied 10 months ago.
Not having a ticket for the tube!!
Expert:  Jo C. replied 10 months ago.
From 2009?
Which legislation please?
Customer: replied 10 months ago.
Hi. See original message. Alexander Palace in London. The address this person gave is in London too.
My Nephew has never not paid a fare and has never been to this tube station.
He has contacted the court to find out why they think it is him but has been told to appear on 9th February.What can he do to see what 'evidence' they have and to show it wasn't him?
Expert:  Jo C. replied 10 months ago.
Your original message does not quote the legislation.
Can you give me that information? I will be here for the next 15 mins or so and thereafter I will be off for about an hour and a half.
I will not be able to answer without proper information and I will probably need to ask some follow up questions.
Customer: replied 10 months ago.
Im not sure what you mean. It English law. I am assuming that someone was misrepresenting themselves as my nephew in order to avoid paying the fine but now a summons has come to him. They cant have had correct details for him. Any address they gave would have been false
They cant have his proper details as he has not been stopped. I am not a lawyer so can only say what has happened and what would you advise we practically do to approach the court now to see why they think this person is my nephew.
Expert:  Jo C. replied 10 months ago.
Yes, please forget all of that. On the summons, it should say 'X person has committed Y offence contrary to Z legislation'. What is the legislation? If you can't find it then you can upload the summons.
Customer: replied 10 months ago.
Ive just asked him. I understand you will be offline soon so if I don't get a response in the next few mins Ill pick it up on Monday.
So sorry for being so vague with my responses.
Expert:  Jo C. replied 10 months ago.
Ok. No problem. There is no urgency.They cannot be summonsing him for Railway Bye Laws alone as they are time barred.

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