Newcastle Metro SJPN help

[Annemarie]

Hi, I'm looking for some advice please as to what my son should do, having opened a letter last night (9th March) which turned out to be a court summons for 'fare evasion'.

He purchased a £2.80 ticket and travelled on the Tyne and Wear Metro on 3rd December 2024 but when asked to produce the ticket he could not find it. This is not unusual for him, he is 21 years old and we believe he has ADHD but has not yet sought a formal diagnosis. He offered to show the inspector his bank statement on his phone to show he had bought a ticket but the inspector said it would make no difference and he would have to appeal it.

My son works a zero hours contract in a bar/cafe and he moved back home over the following few weeks due to anxiety over being able to pay rent as the job was uncertain to continue. (The address he gave to the inspector had been our home address anyway as he knew he was going to have to move back home). In all the mess of moving back home, Christmas and travelling twice to see his girlfriend who lives in Europe, he forgot to pay the fine until 22nd January 2025. The fine by that time was £120 and the payment went through so he assumed all was good and forgot about it, throwing the ticket (which he had later found) away. He now realises that the £120 fine had to be paid within 42 days of the offensive journey, so he was late paying it.

Last night we found a letter unopened in the house and were horrified to see it was a Single Justice Procedure Notice dated 14th February 2025 with 21 days to plead guilty or not guilty. He had been away again to see the girlfriend over valentines day and the letter had got lost under other stuff in a very full house. The 21 days would have expired on Friday 7th March, just a few days ago.

This morning we hand-delivered completed forms with a 'not guilty' plea to the Magistrates Court but technically we have missed the 21 days. Hopefully his plea will still be entered and we will be heard in court. Our main concern is to avoid a criminal record, it all seems very unfair.

We'd be grateful for any advice on how best to proceed now.

 

[notmyrealname]

Hi, welcome to the forum. You'll get good advice here.

It would help the pros if you could show us the paperwork your son has had so far, please. Be sure to cover up his name, address and their reference number.

 

[30907]

Please also double check that the payment hasn't been refunded. If the payment has been accepted through the Nexus system, that would be a good argument for Nexus withdrawing the prosecution.

 

[Haywain]

The fine by that time was £120 and the payment went through so he assumed all was good and forgot about it, throwing the ticket (which he had later found) away. He now realises that the £120 fine had to be paid within 42 days of the offensive journey, so he was late paying it.

To be clear, he was issued a Penalty Fare and this was, eventually, paid? Has that payment been accepted or has it been returned?

 

[island]

This morning we hand-delivered completed forms with a 'not guilty' plea to the Magistrates Court but technically we have missed the 21 days.

Just to note that with Single Justice Procedure Notices, you will usually be all right to be a little late, as the case will not actually get to a magistrate bang on the deadline. They express this as the trial being "after" the deadline.

 

[Hadders]

Welcome to the forum!

You get 21-days from the date of issue to pay a Penalty Fare at the reduced rate. If the Penalty Fare hasn't been paid within 40-days then Nexus can send the case to court, which is what has happened here.

The good thing is that you managed to pay the Penalty Fare, albeit after the 40-day deadline has passed. Have you got a receipt or email confirmation that confirms payment?

I would contact Nexus Prosecutions Department and explain what has happened. Don't go into lots of details about your son's background, travelling to Europe. The important points to make are:

- The Penalty Fare has been paid although a few days after the deadline
- You have received a SJPN
- Given that the Penalty Fare has been paid will Nexus withdraw the SJPN
- If Nexus agree to withdraw the notice ask them to confirm this in writing

I agree with @island that being a day or two late returning the SJPN paperwork probably won't impact things, courts are aware that the post can be unreliable at the moment and will make allowances for this.

 

[Annemarie]

Thank you all for your advice, it was invaluable. I contacted Nexus today and they said the case was now closed on the basis that he had paid the £120 fine, albeit slightly late. Phew!

 

[30907]

Thank you all for your advice, it was invaluable. I contacted Nexus today and they said the case was now closed on the basis that he had paid the £120 fine, albeit slightly late. Phew!

Excellent news, though not unexpected. Thanks for the feedback!