Settled out of court but still received a letter of new date of hearing from court

Discussion in 'Disputes & Prosecutions' started by lash, 8 Aug 2015.

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  1. lash

    lash Member

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    Please help,recently settled out of court with the train company after being summoned for fare evasion,but to my surprise,I received a letter from the court about a new hearing date.Reason stated is (1)For you to attend personally or to answer the summons.I don't understand what is happening or how to go about it.Any advice will be appreciated.
     
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  3. DasLunatic

    DasLunatic Member

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    First of all, we need more detail. What TOC was it? Were you travelling in peak times? Were you in First Class on a Standard ticket?

    If it's Northern, we have plenty of qualms with them: this one being a particularly good example of their stupidity...
     
  4. lash

    lash Member

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    Thanks for your reply.It is Southeastern Trains.I used my partners travel card and an agreement was reached and I settled out of court close to two weeks before court case.And I asked at the prosecution office if i needed to do any other thing,and was told the case was closed as I have settled all administrative charges.
     
  5. clagmonster

    clagmonster Established Member

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    If I were you I'd keep hold of any copies of correspondence you have had with the TOC concerned.

    How long was the time period between you settling and the summons being sent? I wonder about that already being in process and not being cancelled in time to stop the letter.

    I'd be calling the relevant prosecutions department and maybe the mags to clarify what is happening. I suspect cock up rather than conspiracy is most likely.
     
  6. lash

    lash Member

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    Thanks for your response.I settled close to 2 weeks before court date and received another summons 2 days after initial court date
     
  7. najaB

    najaB Veteran Member

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    Contact the prosecutions department on Monday and explain what has happened (that you received the letter after settling), they will probably be as surprised as you were. More than likely your case got mixed up in a batch that were sent across to the court.
     
  8. lash

    lash Member

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    Thanks for the response will do that first thing on Monday
     
  9. DaveNewcastle

    DaveNewcastle Established Member Fares Advisor

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    When settlements are reached within as short a period of time as two weeks of a Hearing listed in a Magistrates Court, then a Summons will have been issued, and so there are by that stage three parties involved : the accused passenger, the prosecuting officer from the Railway Company, and the Clerk of the Court. All correspondence should always be between all three parties.

    I will guess that you and the Railway Company made an agreement (which was presumably honoured) but that neither of you informed the Court, or, that if there was any delay in honouring the settlement, then by the time that the Court were informed, it had gone forward for Hearing anyway - a Hearing which you didn't attend, and at which you don't know what the Railway's Prosecutor said (who would have been there anyway for other similar matters being heard at the same time).

    In my opinion, it is the Court's Clerk's office that you should be speaking to, as they appear to be the party who needs to be informed. It will still be for the Railway Company's Prosecutions department to contact them as well, to confirm that the case was not being pursued, and you will also have to contact them to ensure that they are satisfied that your agreement to settle was honoured and that they would want to withdraw the Prosecution against you.

    But just to be clear, where a Summons had been issued for you to appear, then you should appear - whether you had reached a settlement or not. A Summons is an important order not to be cast aside without sound reason which is confirmed by the Court which issued it. When you speak with the Court Office, you can ask them to clarify what is written on the summons thaat you are being asked to answer to, so that you know what to say to the Railway Company when you speak with them later.

    I can't agree with the responses above that it matters which Company it is, nor whether you were travelling in First or Standard Class, nor whether the Railway Company is considered 'stupid' by some on this forum - this question can be answered fully in terms of straightforward Court procedure and if a settlement has been agreed and honoured, then it no longer has anything to do with rail travel.
     
    Last edited: 8 Aug 2015
  10. lash

    lash Member

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    Thanks so much for taking time to explain,will take everything on board and contact the court clerk on Monday.
     
  11. 34D

    34D Established Member

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    Please take heed of the post above from our learned member.

    I would observe that it is concerning that a 'new date' has been arranged. I suggest that you _must_ plan to attend on this new date, almost regardless of what happens in the intervening period.

    Can you confirm that your settlement cheque was sent in a timely manner, and has been cashed?
     
  12. lash

    lash Member

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    Thanks for your response,yes settlement was sent in by postal order and I was told that it has been paid into their account.
     
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