Notice of fine and collection order

Hello All,

First time posting so apologies in advance for any faux pas.

Just received a Notice of fine and collection order;
Fine 100
Comp 5.30
Victim Sur 30
Costs 70
Total 205.30.

Offences and Impositions
1/Board a train in non compulsory ticket area without a valid ticket - railway bye-law.

Backstory;
Traveling from Earls Court to Walton-on-Thames via Wimbledon.
I took the district line from Earls Court to Wimbledon using my oyster card.
Tapped out at Wimbledon then boarded the train to Walton-on-Thames.

At the time I thought the tap out was a sort of "tap through", as there are no barriers between the underground and the overground stations.
I assumed if I needed to purchase a ticket there would be barriers. Therefore I also assumed I would tap out finally at Walton to complete my fare but, I know now the Oyster system doesn't go out that far. Unfortunately for me there were around 5 ticket officers waiting at Walton.
I didn't have enough money on me or in my bank at the time so I gave them my address.

I then posted an appeal letter in writing. I didn't hear anything for weeks and was then sent a form to fill out including details of my wages etc... which I filled out and posted back. Now I have just received this Notice of fine and collection order.

Any advice is welcomed.

Many thanks.

This has gone to court and you've been sentenced - the form you received and returned with details of your wages was from the court and would have been included with your Summons or Requisition to Attend.

The case has been heard in your absence and there is very little that can be done now, other than to pay the penalty or agree payment terms with the fines officer.

As @Puffing Devil says, the paperwork you have received indicates that that case has already been heard. If (and only if) you were truly unaware that a summons had been issued then it is possible to make a statutory declaration to that effect. This will set aside the conviction and 'reset' the process to the summons stage.

However, this is not the same thing as an appeal and you will likely be asked to make your plea at the same time you file the declaration. Since there is nothing in your post that indicates you would be successful in defending the case it would make sense to plead guilty in order to receive a discount on the fine. So you have to ask yourself if the time and trouble involved in making the declaration is worth a £33 discount to the fine.

najaB said:

As @Puffing Devil says, the paperwork you have received indicates that that case has already been heard. If (and only if) you were truly unaware that a summons had been issued then it is possible to make a statutory declaration to that effect. This will set aside the conviction and 'reset' the process to the summons stage.

However, this is not the same thing as an appeal and you will likely be asked to make your plea at the same time you file the declaration. Since there is nothing in your post that indicates you would be successful in defending the case it would make sense to plead guilty in order to receive a discount on the fine. So you have to ask yourself if the time and trouble involved in making the declaration is worth a £33 discount to the fine.

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No chance of a Statutory Declaration as the OP returned the means form to the court, hence the fine of £100 and not an assumed income basis.

Many thanks for your input najaB and Puffing Devil.

I genuinely have not been made aware of any court summons. But if my only options are pay or get a £33 discounted fine, then I best pay I suppose.

It's frustrating as I'll have to get a small loan to cover this as I'm between jobs currently.

Puffing Devil said:

No chance of a Statutory Declaration as the OP returned the means form to the court, hence the fine of £100 and not an assumed income basis.

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I know, but there's always the miniscule possibility that there was a mistake in the envelope stuffing and the actual summons wasn't included as it seems odd that the OP filled in and returned the means form but didn't appear to know that a summons had been issued.

Drew Lord said:

I then posted an appeal letter in writing. I didn't hear anything for weeks and was then sent a form to fill out including details of my wages etc... which I filled out and posted back. Now I have just received this Notice of fine and collection order.

Click to expand...

That form that you completed would have come from the court and would have been included with a Summons, which is now called a Postal Requisition. It may be that you didn't realise that it was from the court. As you completed and returned the means form to the court you will be hard pressed to argue that you didn't know about the proceedings.

Drew Lord said:

It's frustrating as I'll have to get a small loan to cover this as I'm between jobs currently.

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Payment terms can be agreed with the court. Call them - the contact number will be on the notice and ask to speak to a fines officer about payment terms. If you work with them they can be helpful. Ignore the fine and the bailiffs and worse will come knocking.

Understood. Many thanks again.

Drew Lord said:

Understood. Many thanks again.

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I'd just like to add that if you're between jobs and claiming benefits, the court may well just accept that you're only able to pay a small amount per week, probably £5. They may well all for this to be taken directly from any benefits you receive.
There should be a phone number for a collections office (or similar) on the notice you've received. Call them and explain, they're usually pretty sensible.