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Old 3rd March 2017, 16:56   #16
najaB
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If you suggest anything else please let me know
Keep in mind what cuccir said earlier - the purpose of the hearing on the 7th is just for you to enter a plea. Since you'll be pleading not guilty they will need to set a date for the case to be heard.

However, see if you can't catch the TOC's prosecutor's attention before you are called to plea and make it clear that it is a case of mistaken identity. If they are satisfied that you weren't the person caught they may well withdraw the prosecution there and then. We had one such case reported on the forum not more than a month or two ago.
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Old 3rd March 2017, 17:42   #17
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Keep in mind what cuccir said earlier - the purpose of the hearing on the 7th is just for you to enter a plea. Since you'll be pleading not guilty they will need to set a date for the case to be heard.

However, see if you can't catch the TOC's prosecutor's attention before you are called to plea and make it clear that it is a case of mistaken identity. If they are satisfied that you weren't the person caught they may well withdraw the prosecution there and then. We had one such case reported on the forum not more than a month or two ago.
I thought a statutory declaration was just that - and not entering a plea. Would a prosecutor attend? I thought it was just a sworn statement the OP would be giving.

Perhaps I'm mistaken?
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Old 3rd March 2017, 17:45   #18
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I thought a statutory declaration was just that - and not entering a plea. Would a prosecutor attend? I thought it was just a sworn statement the OP would be giving.

Perhaps I'm mistaken?
I recall reading in other threads that once a statutory declaration is made, the next thing for the court to do is to seek a plea from the accused. It follows that they might ask you to make that plea while you're in the courtroom, to save on time and bother.
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Old 3rd March 2017, 17:54   #19
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Perhaps I'm mistaken?
If the appointment is at the Magistrate's Court then they will normally expect you to make a plea at the same time.
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Old 4th March 2017, 17:07   #20
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If the appointment is at the Magistrate's Court then they will normally expect you to make a plea at the same time.
Which is why I'm presuming that they're asking the OP to attend on 7th April - probably the next session where the TOC prosecutor is booked to attend and the matter can hopefully be resolved on the day.

The standard advice on this forum is to make the SD at a local solicitor and send it or deliver it to the court ASAP. This keeps you within the 21 days and prevents you being forced into a same-day plea.
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Old 20th March 2017, 12:02   #21
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Keep in mind what cuccir said earlier - the purpose of the hearing on the 7th is just for you to enter a plea. Since you'll be pleading not guilty they will need to set a date for the case to be heard.

However, see if you can't catch the TOC's prosecutor's attention before you are called to plea and make it clear that it is a case of mistaken identity. If they are satisfied that you weren't the person caught they may well withdraw the prosecution there and then. We had one such case reported on the forum not more than a month or two ago.
So before I am called to plea I should ask to speak to the TOC's prosecutor and explain what has happened? Is that who I ask for before I am called in to plea(TOC's prosecutor)?
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Old 20th March 2017, 21:39   #22
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Someone has given my name and a part of my address when they were stopped, so letters have been going to this address which they have given but at no stage was I notified that this event even took place, I believe it is too late to do anything else as it was such a long time ago meaning I have to go through the court process and gather all the information I can and hopefully It gets dropped.

If you suggest anything else please let me know
Perhaps the OP can help on this one. A third party has given the op's name and a part address, all the court documents have gone to this address and the op has been convicted and fined in his absence. BUT an attachment of earnings has been applied to the op. How has the court got hold of the name and address of the op's employer?
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Old 20th March 2017, 21:59   #23
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How has the court got hold of the name and address of the op's employer?
The Court can use HMRC records for an attachment of earnings order, where they can't for sending a summons.
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Old 20th March 2017, 23:01   #24
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So before I am called to plea I should ask to speak to the TOC's prosecutor and explain what has happened? Is that who I ask for before I am called in to plea(TOC's prosecutor)?
Yes - get to court early and seek out the prosecutor before the court starts to sit. You may be able to get a result on the day, or an adjournment whilst your version of events is explored.
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Old 20th March 2017, 23:47   #25
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I agree with Puffing Devil (as usual!). I say this to add weight to his advice because, unfortunately for you, a lot of unreliable opinion has been given to you on here by other posters.
Depending on how confident you are in negotiating under pressure, and in assessing the competing demands on the other party to your negotiations, I would add that not only should you be in Court early to make time for your 'discussion' with the Railway Company's Prosecutor, but you should be sensitive to the possibility that others may be attempting to make their own last-minute negotiations at the same time.
You could make sure that you have pen and paper with you, so that you can pass a note explaining who you are and what you want, in case they are pre-occupied with someone else. In general, the Courts don't like to be kept waiting, but if the Clerk is informed that a productive negotiation is taking place, which is likely to lead to a settlement between the parties, then they are likely to be content for those 'discussions' to take place out of Court. So my advice is to be both sensitive and determined, and to focus on a constructive outcome.

Please disregard the previous 'advice' about contacting the Police.
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