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Govia Prosecutions Department penalty.

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MikeWh

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Don't stress just yet. Have you got evidence that they said they were dropping the case?

It sounds like someone has misfiled some paperwork. When is the court hearing?
 
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Koulou

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I don't know if we should actually stress or not. We are still trying to understand what has happened for now.

The court hearing is scheduled for August.
 

Hadders

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This sounds like an administrative c**k up by GTR. As was said earlier no offence has been committed.

No need to stress, plenty of time to get this sorted.
 

MikeWh

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Given the documents that you've sent privately to me there is no need to worry. Someone has screwed up.
 

Llanigraham

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If you have evidence from Govia that they are not prosecuting then the first thing you need to do is contact the Court and provide them with that evidence. You should also ask Govia to do the same thing.
As for the adjournment, I suspect that will be because the first date that the Court had marked this for Hearing has been moved back due to Covid19. I doubt it is anything more sinister than that.
 

Koulou

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Thank you all for your responses.

We will definitely get in touch with Govia and the Court to provide them with the letter which confirms that the case has been marked for no further action.
 

tspaul26

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Given the documents that you've sent privately to me there is no need to worry. Someone has screwed up.

I am obviously not privy to the papers in this matter, but if the laying of the information was improper or negligent then an application for a costs order against the prosecutor or his legal representative may be warranted.

Similarly, if the prosecution is not proceeded with then a defendant’s costs order out of central funds should be available.
 

Realfish

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Oh dear. Another one for this thread:

''The CCRC has written to the Attorney General’s Office and to the Chairman of the Justice Select Committee proposing that a formal review should be conducted into when and how an organisation should be able act as a private prosecutor in cases where it is the victim as well as investigator of an alleged offence as the Post Office did in relation to the Horizon cases we have so far referred....''

Cock-up or not, this is simply unacceptable. Negligence, maladministration, misjudgements (and trying it on) have no place in the attempts to prosecute that we are now regularly seeing evidenced in these pages. Given the fear, anxiety and distress caused, it is absolutely essential that prosecuting authorities get it right, and get it right first time. There should be no allowances for error, or guesswork. Non whatsoever.

The OP's wife has done nothing wrong. That this has been accepted should see this go away quickly. Given that this review into private prosecutions has been proposed, I suggest that the OP or his wife write to their MP and ask for his or her support for the review. This has to stop.
 
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Koulou

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Thanks for your responses, guys. For now, we have emailed Govia's prosecutions department asking them to confirm that the case has been closed on their end. After we receive the confirmation we will communicate it to the Central London Magistrates' Court and see how it goes.

Given that this review into private prosecutions has been proposed, I suggest that the OP or his wife write to their MP and ask for his or her support for the review. This has to stop.

May I ask what does "MP" stand for in the above quote?
 

Hadders

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Thanks for your responses, guys. For now, we have emailed Govia's prosecutions department asking them to confirm that the case has been closed on their end. After we receive the confirmation we will communicate it to the Central London Magistrates' Court and see how it goes.

Govia will need to contact the court to withdraw the case, not you. I would attend court on the day to make sure this has happened.
 

some bloke

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You could phone the prosecutions department: customer services can give the number if it isn't on the paperwork. It isn't clear why this can't be sorted out within an hour.

Perhaps if you then email the court saying,

"The prosecutor has given a written undertaking that they are dropping the case.

Please let me know how can I make sure this has happened and the case doesn't get to court without me.

Secondly, I would be grateful if you could explain what the options are in the unlikely event that someone is convicted after being told by the prosecutor that the case has been dropped."


and you get a suitable reply, that would ensure you don't need to attend court or worry further.
 

ainsworth74

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You could phone the prosecutions department: customer services can give the number if it isn't on the paperwork.

Word of warning but anecdotally I believe most TOCs customer services are very reluctant to give out such information or transfer people to the relevant department. So do not be surprised if this request is denied.
 

some bloke

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Word of warning but anecdotally I believe most TOCs customer services are very reluctant to give out such information or transfer people to the relevant department. So do not be surprised if this request is denied.
Could they be more willing to give it (or ask the prosecutions department to call back) if the person seems calm and sensible, and explains that it is just that there seems to have been a simple admin mix-up after the case was dropped?
 

ainsworth74

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Could they be more willing to give it (or ask the prosecutions department to call back) if the person seems calm and sensible, and explains that it is just that there seems to have been a simple admin mix-up after the case was dropped?
Not if they're reading from a script which tells them to not give the number out or transfer calls.
 

Koulou

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Folks, FYI, Govia just responded that the case was erroneously forwarded to the Court and they will communicate with them to have the hearing cancelled.

We will also reach out to the court on our end to make sure that it is cancelled indeed. Thanks again for your help.
 

Skie

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Now is your chance to complain to all and sundry for the obvious stress and inconvenience, during an already stressful time, that their continued negligence is causing you.
 

Koulou

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Now is your chance to complain to all and sundry for the obvious stress and inconvenience, during an already stressful time, that their continued negligence is causing you.

This is going to be the next step as soon as everything is clear with the court.
 

cjmillsnun

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I would CC SWR customer services in so that they are aware of how their customers are being treated by GTR's inept prosecutions department.
 
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