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Magistrates Court Summons

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HopelessGuy

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17 May 2016
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Hello to all.

I would really appreciate any advice that other members can give me on this stressful issue.

I checked my post this afternoon to find I have been issued a magistrates court summons for the following claim: On 23rd Nov 15 between Stourbridge Junction (SBJ) and Birmingham Snow Hill (SWH) entered a train in a non-compulsory ticket area for the purpose of travelling on the Railway without having a valid ticket entitled to travel. (Byelaw 18(1).)

The claim is for £4.90 plus £125 as a contribution towards prosecution costs.

What happened was this: I owned a valid monthly season pass for these stations during this time, however I did not have it with me in my wallet. I have proof of this season pass as I paid on DD and I still have the original. When I got to the barriers at the station I explained the situation to the ticket officer. The ticket officer issued me a 'slip' that had my name and address (I believe it was a penalty fine). The ticket officer told me to send the slip, along with a letter and proof of the season pass to the address provided on the slip, which I did, and they would cancel the fine. However, I no longer have proof of postage as I assumed all was taken care of. I had recorded no letters asking for payment or notice that they intended to take me to court.

I don't mind paying the £130 to make this all go away, but I'm afraid that I'll be left with a criminal record. Being an accountant this is not an option. I have read somewhere that I can try and settle outside of the courts, would this be advisable?

Again I would really appreciate any help that you can give me.

Many thanks.
 
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trentside

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First and foremost, you don't need to worry about a criminal record, as a byelaw offence in non-recordable.

My advice would be to contact the Prosecutions department at London Midland as a matter of urgency and offer to settle the matter. If they accept this, make sure the summons is cancelled.

It's unusual for a "season left at home" matter to proceed this far, so it does sound as if something has gone wrong. It might be worth contacting customer services after the matter is settled if you're still in possession of the original evidence?
 

HopelessGuy

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17 May 2016
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Trentside thank you for your reply. I will contact the prosecutions office at London Midland today to try and come to an agreement and settle. If a settlement is agreed, how do I make sure that the summons gets cancelled? Will I receive confirmation from the court? From London Midland? From both?
 

trentside

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If you manage to agree a settlement then follow the advice from DaveNewcastle in this post to ensure that the matter is correctly closed.

If the prosecutions department would prefer to communicate via letter, we'd be happy to look over anything you send via Private Message.
 

island

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Note however that "paying the £130" is not a thing you are being offered at this time. If the case goes to court and you are convicted, they intend to seek that amount on top of any fine the court may impose.
 

crehld

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Note however that "paying the £130" is not a thing you are being offered at this time.

No, but I think it does provide a useful benchmark for the costs the TOC is looking to recover, and therefore is a useful starting point for the OP to enter into negotiations with the TOC to avoid a prosecution (if the TOC were that way inclined).
 
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