Help with HMCTS baliffs

[WesternLancer]

Sorry to hear getting the SD done has been so difficult.

I think once that is in you could contact the railway company to let them know what’s happening as I suggested up thread, if you haven’t done that yet.

Once the SD is in (or served on he court) I'm not sure which is the correct term - I suspect the clock is ticking quite rapidly to a new court hearing - this is your window of opportunity to request the train company consider an out of court settlement if you can persuade them to do so - which I think there is a good chance of achieving.

But that time window will be short so anything you can do now to get ahead of that is, I think, worth doing.

So don't take your eye off the ball of the SD - but I think, unless you have already done so, prepare a letter to send to the railway prosecution team to tell them what you are doing and why (ie you were homeless of no fixed abode and never received the original paperwork they sent, but had you done so would have responded and co-operated with them. That you are doing an SD as a consequence of that but are anxious to resolve the matter with the Railway without it needing to go back to court).

I'd suggest you post a draft of such a letter here before sending it but it might help 'prepare the ground' for your request to settle it out of court when the SD has been accepted by the court.

It seems to me that it's very much in your interest to get ahead of this with the railway company as their timescale to deal with correspondence are not fast, but the court process might be quicker, which gives you limited time to achieve the out of court settlement. So it seems to me anything you can do to get ahead of this will help.

 

[PhonyKangaroo]

Once you and the solicitor have signed the SD it needs to be served on the court.

How long do I have to take it in once it’s signed, is that included within the 21 days as well?

 

[Puffing Devil]

How long do I have to take it in once it’s signed, is that included within the 21 days as well?

You have 21 days from the time you became aware of the matter to get the SD to the court.

 

[PhonyKangaroo]

You have 21 days from the time you became aware of the matter to get the SD to the court.

Okay, the 21st day for me is Monday would it be okay for me to bring it in on Monday?

Also, it’s got go to to the court that prosecuted me correct?

 

[island]

Okay, the 21st day for me is Monday would it be okay for me to bring it in on Monday?

You will not be able to bring anything into any court this Monday, as courts don't open on bank holidays.

Best to get it posted today so that it'll be deemed received on Friday, or take it to the court before the weekend.

 

[WesternLancer]

How long do I have to take it in once it’s signed, is that included within the 21 days as well?

are you a different person than the OP who started this thread? as it's a bit confusing who is asking for advice here.

 

[island]

are you a different person than @xamberlouise who started this thread? as it's a bit confusing who is asking for advice here.

It appears to be the one person who changed username partway.

 

[PhonyKangaroo]

You will not be able to bring anything into any court this Monday, as courts don't open on bank holidays.

Best to get it posted today so that it'll be deemed received on Friday, or take it to the court before the weekend.

Wow, I hadn’t even realised it was a bank holiday on Monday. I will get it all sorted before the weekend then. I’m glad I asked now.

are you a different person than @ who started this thread? as it's a bit confusing who is asking for advice here.

Its still me, I just had mods change my username after another user suggested it.

Also if you could edit my original username out your msg id appreciate it, as it’s the same as my social media.

 

[WesternLancer]

Wow, I hadn’t even realised it was a bank holiday on Monday. I will get it all sorted before the weekend then. I’m glad I asked now.

I assume it's vital the court get it on time - so if you are posting it I suggest you need to use Next Day Guaranteed delivery (or take it in person) - and track it on the day so you know it gets there - ie gets there by or on friday at the latest

Its still me, I just had mods change my username after another user suggested it.

Thanks for explaining

Also if you could edit my original username out your msg id appreciate it, as it’s the same as my social media.

Done

 

[PhonyKangaroo]

Hi everyone,

I dropped the Stat Dec off and sent the letter to Govia the same day via tracked special delivery, it was signed for and received next day. But I haven’t heard anything at all? And I’m getting abit worried. It’s been almost 2 weeks.

 

[WesternLancer]

Hi everyone,

I dropped the Stat Dec off and sent the letter to Govia the same day via tracked special delivery, it was signed for and received next day. But I haven’t heard anything at all? And I’m getting abit worried. It’s been almost 2 weeks.

can you post a copy (without any personal details) of what you sent to Govia? It might be helpful to see that.

I'm assuming you have not had any dates from the court about a new hearing yet for example?

 

[PhonyKangaroo]

can you post a copy (without any personal details) of what you sent to Govia? It might be helpful to see that.

I'm assuming you have not had any dates from the court about a new hearing yet for example?

I don’t have a copy of the exact letter to hand, it had written it someone’s else’s PC, as I don’t have a printer, but I can get another copy to share with you possibly tomorrow. It was along the lines of, I had only recently found out about the prosecution, briefly explaining why I hadn’t found out sooner, apologising and explaining I had submitted a stat dec and would appreciate the opportunity to settle out of court.

I reicevd another email today regarding the hearing on the 28th, then rang the original court not realising this hearing is actually at Westminster court, and was given an email address to email them regarding this hearing. I'm assuming this one will end up getting cancelled, as it was for me to do the stat dec, which is done.

but you’re correct, haven’t heard anything about a new court hearing or anything from Govia. What should I be expecting to happen next?

 

[WesternLancer]

I don’t have a copy of the exact letter to hand, it had written it someone’s else’s PC, as I don’t have a printer, but I can get another copy to share with you possibly tomorrow. It was along the lines of, I had only recently found out about the prosecution, briefly explaining why I hadn’t found out sooner, apologising and explaining I had submitted a stat dec and would appreciate the opportunity to settle out of court.

I reicevd another email today regarding the hearing on the 28th, then rang the original court not realising this hearing is actually at Westminster court, and was given an email address to email them regarding this hearing. I'm assuming this one will end up getting cancelled, as it was for me to do the stat dec, which is done.

but you’re correct, haven’t heard anything about a new court hearing or anything from Govia. What should I be expecting to happen next?

with regards to Govia I suspect your letter hasn't reached the top of the pile yet. Also Govia themselves might need to wait for confirmation from the court that the SD has cancelled the previous prosecution before they can engage with you about an out of court settlement and I have no idea how long that takes

Your synopsis of the letter you sent is helpful but I would suggest you do get yourself another copy of it (even if just printed out) for your own records. It's important you keep copies of all the paperwork from the court, the railway, and your responses, so do get a copy from that persons PC

with regards to the SD / court etc hopefully someone else here who has given advice on that aspect of things will be able to help. @Puffing Devil or @island may know

 

[Puffing Devil]

I reicevd another email today regarding the hearing on the 28th, then rang the original court not realising this hearing is actually at Westminster court, and was given an email address to email them regarding this hearing. I'm assuming this one will end up getting cancelled, as it was for me to do the stat dec, which is done.

but you’re correct, haven’t heard anything about a new court hearing or anything from Govia. What should I be expecting to happen next?

Can you post the email you received?

If you haven't heard from the court where you sent the SD you can call them to see if it's been actioned and they've called off the bailiffs.

 

[PhonyKangaroo]

Recieved this from the court again this morning. I’ve rang and they’ve told me it’s listed for a case reopening, but they do have my Stat Dec on file. I’ve been repeatedly since the 13th, asked for them to cancel the listing and haven’t heard anything back. The person I have spoke to at the court today is now going to try and email someone else at the court on my behalf, for it to be cancelled. Feels like a wild goose chase. Still haven’t heard anything from rail company.

Please can someone help, they’re telling me I have to come in and plea but I really didn’t want to do that I’m really confused. Shall I get a solicitior im really panicking now.

 

[tixy]

Let’s approach this directly. The court have decided to re-open the case and have listed you for a plea hearing after receiving a stat dec. this is for 8 days time.

You have written to Govia but have had no reply.

Unfortunately the court won’t simply cancel the hearing they may re-schedule to give time for Govia to decide, maybe a call to listings at Westminster Magistrates Court on 03308 084407

I would today however email Govia, remind them about the letter you sent, and ask if they intend to attend court on the 8th?

At the same time, ask if Govia would consider out of court disposal (maybe some members can help advise on the text?)

Pop a read receipt on it and send it.

If come the 8th and still no reply, see if the legal advisor in court will allow you to enter no plea and adjourn?

 

[WesternLancer]

s

Let’s approach this directly. The court have decided to re-open the case and have listed you for a plea hearing after receiving a stat dec. this is for 8 days time.

You have written to Govia but have had no reply.

Unfortunately the court won’t simply cancel the hearing they may re-schedule to give time for Govia to decide, maybe a call to listings at Westminster Magistrates Court on 03308 084407

I would today however email Govia, remind them about the letter you sent, and ask if they intend to attend court on the 8th?

At the same time, ask if Govia would consider out of court disposal (maybe some members can help advise on the text?)

Pop a read receipt on it and send it.

If come the 8th and still no reply, see if the legal advisor in court will allow you to enter no plea and adjourn?

seems like sound advice to me - I think @PhonyKangaroo needs to totally focus on contacting GTR now - using method suggested - probably try marking it urgent (but also as they don't always accept e-mails print it off and send it next day delivery royal mail to GTR)

Format would be as short a letter / e-mail as you can
- enclosing previous e-mail,
- asking if they had received it and had a chance to consider it,
- and in the light of the revised hearing date of X date,
- would they kindly consider an out of court settlement so the court action scheduled for x date could be withdrawn.

e-mail that to GTR 1st thing in the morning Thursday (and the next day delivery posted would arrive friday) in the hope they reply

Include your e-mail address and phone number in what you send - make it easy as poss for them to contact you (as well as postal address, name, date of birth and case ref numbers of course)