Conviction but I didn't know I was being prosecuted?

Discussion in 'Disputes & Prosecutions' started by km11, 30 Aug 2019.

  1. km11

    km11 Member

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    SD has now been sent off to the court and has been accepted. I have now sent Northern DRPU a version of my events plus an apology. Anything else I should do in the meantime?
     
  2. Puffing Devil

    Puffing Devil Established Member

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    Make a cup of tea and put your feet up until you get a court date and/or a reply from Northern.

    If you get a court date before hearing from Northern, you may want to give them a nudge to see if they are prepared to settle.
     
  3. km11

    km11 Member

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    Just received an email stating Northern would like to settle! Will pay the fine happily. Thank you all so much for your advice. Now, the court has given me a date as to when to go, will I still need to send off the summons form ?
     
  4. Puffing Devil

    Puffing Devil Established Member

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    Good news!

    Pay the settlement demanded by Northern ASAP. When that's done, and I don't know if they will provide a receipt, write a letter to the court stating that Northern have agreed to an out of court settlement and that you expect the matter to be withdrawn and you do not expect to attend.

    Check with the court a week before the case to see if it has been withdrawn, if not, get onto Northern ASAP to see why the matter has not been dealt with.
     
  5. km11

    km11 Member

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    Have paid settlement, hopefully everything is ok now.

    Also wanted to ask, from a DBS point of view, will the conviction be dropped and hence not show up on DBS check, since the matter's been settled?
     
  6. WesternLancer

    WesternLancer Member

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    Sorry, can't answer that question but hopefully others can.

    Some good advice from Puffing Devil on the final steps worth taking.

    As an aside, did anything come to light on why Northern had wrong address for you in the 1st place? You might consider that a relative side issue of course and may have understandably not pursued it further - so long as they have corrected their records of course.

    Anyway - I hope the settlement is a reasonable outcome from your point of view.
     
  7. Haywain

    Haywain Established Member

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    You have paid a settlement to prevent the matter going to court. If it doesn't go to court there cannot be a conviction, and without a conviction there is nothing that can show up on a DBS check.
     
  8. 221129

    221129 Established Member

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    However it has already been to court and a conviction has occurred. However I'd expect the conviction to be squashed.
     
  9. 30907

    30907 Established Member

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    The SD resets the clock so the conviction is voided, quashed or whatever. Northern have settled and therefore cannot reopen the case.
     
  10. Puffing Devil

    Puffing Devil Established Member

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    As others have said, quite correctly, it should drop off your DBS check. However.... the court system and supporting services have been slashed to the bone and beyond and not all links checks and balances work as they should. You may want to check with the DBS after 2-3 months that the matter has come off your record. If not, it's a matter that you'll need to take through their corrections process - I have no idea what that is though. I'm sure if you come back to this thread should the worst happen, you will get some good advice.
     
  11. Fare-Cop

    Fare-Cop Member

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    Generally speaking the record 'should' be updated as Puffing Devil rightly concludes, but given the likelihood of this not being a priority for the TOC or their agents and the Court support system being so overworked, if I were you I'd contact BTP and ask them to update the DBS record.

    This will entail BTP contacting the TOC prosecutor to confirm the SD process and subsequent settlement & withdrawal has concluded and they will then amend the DBS record promptly.
     

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