Got a settlement offer

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Cristinaks

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Hi everyone!
Is there anything I have to do after taking a settlement offer?
Got summoned into court because of a fixed penalty fare I didn't pay as it never got to me, but decided to pay £100 settlement offer, fixed penalty fare would have been £80 anyway(I did travel without a ticket so I am guilty, I just don't want to go in court).
My question is: Do I still need to reply to the summons? I got a text message that confirms the payment, but no further instructions.

Thank you!
 
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najaB

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My question is: Do I still need to reply to the summons? I got a text message that confirms the payment, but no further instructions.
If the summons has been issued, then yes. I would advise you reply to it stating that the TOC has agreed to an out of court settlement. If not there is a (slim) possibility that the case will proceed as it may be mixed up in a bundle of cases that are heard on the same day.
 

crehld

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If the summons has been issued, then yes. I would advise you reply to it stating that the TOC has agreed to an out of court settlement. If not there is a (slim) possibility that the case will proceed as it may be mixed up in a bundle of cases that are heard on the same day.

I think this is a matter best addressed by someone qualified to give legal advice, as the OP will need to be very careful indeed in how they respond to their summons while simultaneously accepting an out of court settlement.

An out of court settlement is a way for the matter to be resolved without prejudice. Returning a summons is not.
 

Agent_c

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I think this is a matter best addressed by someone qualified to give legal advice, as the OP will need to be very careful indeed in how they respond to their summons while simultaneously accepting an out of court settlement.

An out of court settlement is a way for the matter to be resolved without prejudice. Returning a summons is not.

Maybe include a request for the case to be dismissed with prejudice (so it can't be refiled) as the parties have settled the matter?
 

najaB

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An out of court settlement is a way for the matter to be resolved without prejudice. Returning a summons is not.
Hence why I said 'reply' rather than 'return'. I agree that a free legal advice service such as the CAB would be a good idea.
 

DaveNewcastle

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My question is: Do I still need to reply to the summons? I got a text message that confirms the payment, but no further instructions.
It's a good question, because now there are three parties to this 'incident', you, the Railway Company, and the Court. And all correspondence and all agreements much be communicated to all three parties.

So, even if you have reached an agreement with the Company, the Court is still involved, and has issued a Summons for you to appear. The Court hasn't the authority just to cancel it on your request. So you will have to, either:
a) contact the Company again to ask for confirmation that the Summons has been withdrawn or will still proceed but that thay will not present any evidence against you, and then follow up that confirmation with the Court to ensure they acknowledge the Company has abandoned the matter; or
b) still attend the Court as summonsed to check that no evidence is presented when your case is called, and in the unlikely event that it is called, then the Prosecutor explains that the proceedings have been abandoned, and in the even more unlikely event that the prosecutor begins to proceed witht he case, then you can stand up to explain that you are in Court to explain that you and the Company have mutually agreed to an alternative resolution.

In practice, if you choose option 'b', you could speak to the prosecutor outside the Court and check with them that they've been properly instructed not to prosecute your incident, and avoid waiting around all morning for yours to be called or not.
 

island

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Maybe include a request for the case to be dismissed with prejudice (so it can't be refiled) as the parties have settled the matter?

That is an American term which has no meaning in the legal system of England and Wales.
 
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