Can I still ask to settle out of court after submitting a Statutory Declaration?

[DRams]

Hi all

This kind of question seems to be pretty common but I've had a search in other threads and can't find anything about this exact situation, that being:

- In Dec 2021 I travelled with an out of date railcard, I realised and tried to buy a new one on the train but it didn't work (no internet)
- The ticket inspector checked our tickets and didn't bother checking the railcard (they never seem to these days)
- I gave up trying to buy one

- At London Waterloo a Revenue Protection Officer (think that's what they're called) asked to see my ticket and railcard - obviously I couldn't produce an in date railcard
- He took my details, didn't make me buy a full price ticket and let me go

- In August 2022, I saw a letter in my building addressed to my name but the wrong flat
- It was an attachment of earnings order with no details as to what it was about
- I phoned up and was told it was for a rail fare fine
- I was told I could submit a Statutory Declaration swearing that this was my first knowledge of the proceedings

- I filled in the Statutory Declaration explaining that that incorrectly addressed letter was the first I knew of the whole thing
- I filled in the Single Justice Procedure form saying I plead guilty and did not want to appear in court
- I sent these both in October 2022 just after receiving the blank forms in the post

Its now January 2022 and I have a hearing next week - I initially believed this to be the 'retrial' but now re-reading it looks like its just to get the Statutory Declaration signed, and I can then send it to the court where the original trial is. Now looking at the email, this is at a different court, though I don't have a date to attend the original court for the 'retrial' (I assume its called that, basing my wording off watching legal stuff on TV lol) - I suppose because I ticked that I didn't want to go to court - I don't know if this means I won't have a date that the trial will be heard in my absence and therefore a 'deadline' to write asking for an out of court settlement? I have attached the email with the confirmation of my application as an image below

This is something I stupidly did not take seriously, since so much time lapsed between each event, which I now regret – I assumed paying a fine would not result in a criminal record, but now I can see it does. My question is, can I still contact SWR and ask if they can settle out of court, or has that ship already sailed?

Thank you in advance for any answers, I can see that these threads get very detailed replies for which I am grateful!

 

[some bloke]

My question is, can I still contact SWR and ask if they can settle out of court, or has that ship already sailed?

A statutory declaration accepted by the court resets the case, so you could still ask SWR to settle.

You might ask the court staff for some idea how long it would take before the single justice deals with the case (if you can't get a settlement first).

But something needs clarifying. Are you saying you sent the form to the court months ago without it having been witnessed?

The Magistrates’ Courts Act 1980 says for statutory declarations (ie declarations witnessed in line with the requirements) which are received more than 21 days after the person found out about the case:

"(5) A magistrates' court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period."

https://www.legislation.gov.uk/ukpga/1980/43/section/16E

So you may want to think what would persuade magistrates that it wasn't reasonable to expect you to submit it within the 21 days.

Or did you perhaps receive other correspondence which said the court would extend the time limit until the appointment?

I suppose because I ticked that I didn't want to go to court - I don't know if this means I won't have a date that the trial will be heard in my absence and therefore a 'deadline' to write asking for an out of court settlement?

There isn't a particular need to fix a date when a single justice will deal with a case, or to give a defendant a date. They can fit these cases in when they aren't working on cases which do have fixed dates.

 

[Llanigraham]

A statutory declaration accepted by the court resets the case, so you could still ask SWR to settle.

You might ask the court staff for some idea how long it would take before the single justice deals with the case (if you can't get a settlement first).

The OP states the case is being heard next week.

 

[some bloke]

The OP states the case is being heard next week.

The text in the image is about hearing an application to make a statutory declaration.

I initially believed this to be the 'retrial' but now re-reading it looks like its just to get the Statutory Declaration signed

 

[tsman]

Confused here

If this is a hearing for statutory declaration but if after making application has filled in SJPN indicting guilty plea and that they do not want to appear in court, what is this for? Set aside original conviction but then they've pleaded guilty anyway?

If they've already pleaded guilty via SJPN, is there still scope to settle?