Chiltern NIP

[SillyTrains]

Have you heard a response yet?

Not yet

 

[SillyTrains]

Hi All,

I have not received any further communications Chiltern Railway since my reply nor received any SJP etc yet. As 6 months have now passed since October 10th, how likely is it that they would have laid court papers without responding (and how long would these typically take to come through once laid?)

 

[Hadders]

It possible they could've raised papers. I suggest leaving it a few more weeks to be in the clear.

This doesn't stop Chiltern acting inproperly, we have seen train companies prosecute cases after the deadline so if you receive any further comminication from them do not acknowledge it but post a redacted copy of what they send in this thread and we will advise.

 

[SillyTrains]

Thank you Hadders

 

[7454567]

Thank you Hadders

Did you ever get a reply I’ve been waiting over 6 weeks now?

 

[SillyTrains]

Did you ever get a reply I’ve been waiting over 6 weeks now?

Nothing from Chiltern and also have not received any court papers yet - hoping that I can put this matter to rest now as nearly a month after the 6 month deadline

 

[7454567]

Nothing from Chiltern and also have not received any court papers yet - hoping that I can put this matter to rest now as nearly a month after the 6 month deadline

I wonder if they ever drop cases, I am now past the 6 month deadline by only a couple of days, but replied to the initial nip nearly 7 weeks ago, not sure if I should sent a follow up email as don’t want to wait another month to see if I get court papers but also don’t wanna shoot myself in the foot and remind them to fine me

 

[SillyTrains]

Funnily enough I have received the attached this morning - the postcode they have for me is a very old one however so I can’t be sure if court papers have been issued (have no way of contacting new occupants as was a childhood home left about 15 years ago!)

What’s the best advice here, pay and settle up so the matter is closed? From the below is it very unclear whether court papers have been issued and they seem to contradict themselves? Obviously if papers have been issued it’s a no brainer to pay the £182.

 

[AlterEgo]

What’s the best advice here, pay and settle up so the matter is closed?

Yes. The matter will be closed upon payment.

 

[SillyTrains]

Yes. The matter will be closed upon payment.

I guess my question is whether they saw this post last night and having fouled the deadline, have issued a ‘hail mary’ to recoup costs

 

[AlterEgo]

I guess my question is whether they saw this post last night and having fouled the deadline, have issued a ‘hail mary’ to recoup costs

Ah, I'd miscounted the months. Well, they can't prosecute you for the offences in the magistrates' court. Their only option here is a civil claim, so you may wish to ignore the correspondence to see if they take that route (note that this may result in increased costs, but also they don't seem to habitually take things to the county cort either).

 

[SillyTrains]

Thank you, is your interpretation of their email that they haven’t yet issued court documents? It seems suitably vague. Challenge is that as they’ve got the wrong address for me (I was not asked for an address or personal information when having ticket checked) I can’t be sure whether documents have been issued or not

 

[Haywain]

Well, they can't prosecute you for the offences in the magistrates' court.

Unless, of course, court papers have been issued and posted to the OP's old address. The OP will have to assess whether that is a risk worth taking.

 

[AlterEgo]

Unless, of course, court papers have been issued and posted to the OP's old address. The OP will have to assess whether that is a risk worth taking.

Also true, although in our experience they usually send a settlement letter along with the court papers in the same bundle. I can’t imagine they would also email, especially so long after the deadline. Up to the OP’s risk appetite though.

 

[SillyTrains]

Also true, although in our experience they usually send a settlement letter along with the court papers in the same bundle. I can’t imagine they would also email, especially so long after the deadline. Up to the OP’s risk appetite though.

That is the question - is there a way to search if court papers have been issued against you at all?

Ultimately, do people think I should pay the settlement figure or is it more than likely they’ve fouled the deadline for raising court papers?

The money is a trivial amount to me luckily, however that being said of course would rather not pay it not necessary.

 

[Pushpit]

The money is a trivial amount to me luckily, however that being said of course would rather not pay it not necessary.

In your first post you mentioned about your anxiety and triggers. If you can afford the settlement and it's a trivial amount, why would you not pay? It may be that Chiltern has served the paperwork at your old address. If on the other hand they didn't they can still pursue you via the Civil courts.

 

[SillyTrains]

@Pushpit because if they’ve missed the deadline then paying is futile.

 

[WesternLancer]

Also true, although in our experience they usually send a settlement letter along with the court papers in the same bundle. I can’t imagine they would also email, especially so long after the deadline. Up to the OP’s risk appetite though.

Well they might have done that. But just to the old address. Given court papers don’t come by email I suspect

Unless, of course, court papers have been issued and posted to the OP's old address. The OP will have to assess whether that is a risk worth taking.

I would tend to think a fair chance that they have although hard to know for sure.

That is the question - is there a way to search if court papers have been issued against you at all?

Ultimately, do people think I should pay the settlement figure or is it more than likely they’ve fouled the deadline for raising court papers?

The money is a trivial amount to me luckily, however that being said of course would rather not pay it not necessary.

You need to set the sum against the potential hassle of it going to court without you knowing and in due course bailiffs turning up at your address when they finally find you. Which they seem fairly good at doing. And then you having to untangle all that. This is the balance to weigh up.

 

[Spaceship323]

Well they might have done that. But just to the old address. Given court papers don’t come by email I suspect


I would tend to think a fair chance that they have although hard to know for sure.


You need to set the sum against the potential hassle of it going to court without you knowing and in due course bailiffs turning up at your address when they finally find you. Which they seem fairly good at doing. And then you having to untangle all that. This is the balance to weigh up.

The letter in post #38 is a final chance to pay, I wouldn't think court papers have been issued yet (and if they have they can be ignored - it says so in the email) Pay the sum they're asking to make it go away or chance it in the civil court...it's up to you

 

[SillyTrains]

The letter in post #38 is a final chance to pay, I wouldn't think court papers have been issued yet (and if they have they can be ignored - it says so in the email) Pay the sum they're asking to make it go away or chance it in the civil court...it's up to you

Morning all, I have paid the settlement figure this morning - whilst I suspect Chiltern may have fouled the deadline to raise court papers, my appetite for risk is low so took the opportunity to ensure the matter is closed

Thank you to everyone on this forum for their advice, some very knowledgeable people here and I often find myself interested reading about other cases and the nuances of the railway system.

Also the ticketing app is very useful and much preferred to Trainline! Will recommend to others.

 

[Hadders]

Thanks for updating us. Given that you told us upthread that you had a low appetite for risk I think paying the settlement is the right course of action to prevent the matter from escalating.