Received a Notice Procedure, Is It Too Late To Attempt Out Of Court Settlement?

[FeelingDaft]

Hello,

I received a notice procedure from GTR this week, stating I have an upcoming Magistrate's Court appearance and 14 days to plead guilty or not guilty.

For the record, I am guilty and would have to plead as such.

It says my offence was "contrary to Byelaw 21(2) of the Railway Byelaws 2005", which I assume carries a criminal conviction as well as a fine?

I was in the process of writing an offer to try and settle out of court - is it pointless to try and send it to GTR now?

Obviously I would not want a criminal conviction, but realise this is a very likely consequence of my stupidity.

Any advice gratefully received.

 

[island]

Convictions under the Railway Byelaws are not recordable and should not appear on Disclosure and Barring Services Basic or Standard checks. They may (or may not) appear on Enhanced checks. However, if the court clerk enters the offence incorrectly there is a chance it could appear despite the above.

If you please guilty, you will receive a criminal conviction. A conviction for an offence for which a fine is the punishment is spent after at most one year. Opinions on the group differ as to whether it need be declared at all, if asked about criminal convictions.

Out of court settlements are possible right up until your case is heard, although if a summons or single justice procedure notice has issued, the chances are diminished.

Incidentally, I don’t think we’ve had a 21 (2) offence (receiving a transferred ticket) on the group before!

 

[Llanigraham]

Is this the right Section:
https://assets.publishing.service.g...attachment_data/file/4202/railway-byelaws.pdf

21. Unauthorised buying or selling of tickets
(1) Subject to Byelaw 21(4), no person shall sell or buy any ticket.
(2) Subject to Byelaw 21(4), no person shall transfer or receive any unused or partly used ticket, intending that any person shall use it for travelling unless the conditions of use for the ticket specifically permit such transfer.
(3) Subject to Byelaw 21(4), no person shall knowingly use any ticket which has been obtained in breach of Byelaw 21.
(4) The sale or transfer by, or the purchase or receipt from, an authorised person in the course of his duties or from an authorised ticket machine is excepted from the provisions of Byelaw 21.

 

[Puffing Devil]

I was in the process of writing an offer to try and settle out of court - is it pointless to try and send it to GTR now?

No harm in writing or calling, though if you haven't engaged before now, your chances of success are dwindling as Island says.

 

[cuccir]

We have heard of people settling on the day at court - arrive early and try and find the prosecutor before the court sessions start.

 

[Puffing Devil]

We have heard of people settling on the day at court - arrive early and try and find the prosecutor before the court sessions start.

The OP is on a SJP notice, which means that's not an option unless they opt for a trial.