Southeastern Court Summons

[HelpPlease1]

Dear all,

On March I travelled from Herne Hill to Penge East station without tapping with my oyster card and I was stopped by inspectors. I was honest with them and said I knew I avoided paying, maybe I should have invented some excuse, but at that moment I was very nervous and couldn't lie.

After some weeks I received a prosecution letter saying I was under investigation and after checking in that forum (thanks to all btw) I replied with a letter apologising and asking to settle out of court. I sent the letter on 20th of April by royal post with a fast delivery and also sent an email. But had no response.

After almost 4 months, yesterday I received a summons letter to go to court. I've been reading also in this forum and what I understood is that if I plead guilty I may be asked to pay the fare avoided (£4) and a compensation (£150) but also the court will set a fine which will increase this amount. Is that right?? Because I was considering plead guilty by letter and avoid going there on the day I'm summoned, but would like to avoid paying much more than £154....

My plan now is to write an email to them following the indications in the thread "Southeastern witness statement MG11 issued" posted by LadyOrange asking again to settle this out of court and if they have received my letter and considered it. The problem is that I lost the post office receipt and I went there to try to recover but the guy said he can't go back in the system till April. I have the email I sent them and also the bank receipt for the post office payment. Do you think that would be enough?? Any recommendation??

Thanks!!!!

 

[Gloster]

Dear all,

On March I travelled from Herne Hill to Penge East station without tapping with my oyster card and I was stopped by inspectors. I was honest with them and said I knew I avoided paying, maybe I should have invented some excuse, but at that moment I was very nervous and couldn't lie.

After some weeks I received a prosecution letter saying I was under investigation and after checking in that forum (thanks to all btw) I replied with a letter apologising and asking to settle out of court. I sent the letter on 20th of April by royal post with a fast delivery and also sent an email. But had no response.

After almost 4 months, yesterday I received a summons letter to go to court. I've been reading also in this forum and what I understood is that if I plead guilty I may be asked to pay the fare avoided (£4) and a compensation (£150) but also the court will set a fine which will increase this amount. Is that right?? Because I was considering plead guilty by letter and avoid going there on the day I'm summoned, but would like to avoid paying much more than £154....

My plan now is to write an email to them following the indications in the thread "Southeastern witness statement MG11 issued" posted by LadyOrange asking again to settle this out of court and if they have received my letter and considered it. The problem is that I lost the post office receipt and I went there to try to recover but the guy said he can't go back in the system till April. I have the email I sent them and also the bank receipt for the post office payment. Do you think that would be enough?? Any recommendation??

Thanks!!!!

Do you mean that the bank receipt that you have is the payment for the Royal Mail fast delivery mentioned earlier. Relevant items highlighted.

 

[HelpPlease1]

Do you mean that the bank receipt that you have is the payment for the Royal Mail fast delivery mentioned earlier. Relevant items highlighted.

Yes, well, the payment confirmation in my bank. The problem is that I can’t check if it’s been delivered. Because I don’t have the post office receipt with the reference number… so the only proof that I sent the letter is the bank payment confirmation.

Also, I want to avoid going to the court because of the criminal record that this could lead to, as I’m in the UK with a visa and I don’t know how this would impact in my status and future extensions.

 

[WesternLancer]

Dear all,

On March I travelled from Herne Hill to Penge East station without tapping with my oyster card and I was stopped by inspectors. I was honest with them and said I knew I avoided paying, maybe I should have invented some excuse, but at that moment I was very nervous and couldn't lie.

After some weeks I received a prosecution letter saying I was under investigation and after checking in that forum (thanks to all btw) I replied with a letter apologising and asking to settle out of court. I sent the letter on 20th of April by royal post with a fast delivery and also sent an email. But had no response.

After almost 4 months, yesterday I received a summons letter to go to court. I've been reading also in this forum and what I understood is that if I plead guilty I may be asked to pay the fare avoided (£4) and a compensation (£150) but also the court will set a fine which will increase this amount. Is that right?? Because I was considering plead guilty by letter and avoid going there on the day I'm summoned, but would like to avoid paying much more than £154....

My plan now is to write an email to them following the indications in the thread "Southeastern witness statement MG11 issued" posted by LadyOrange asking again to settle this out of court and if they have received my letter and considered it. The problem is that I lost the post office receipt and I went there to try to recover but the guy said he can't go back in the system till April. I have the email I sent them and also the bank receipt for the post office payment. Do you think that would be enough?? Any recommendation??

Thanks!!!!

I don't think it is vital that you have the Royal Mail proof of delivery to support your claim you wrote back to them at the time - copies of what you sent should be enough (obv it would help if you did have the postal tracking proof but don't delay another attempt to contact the railway if you do not have it, I don't even think it's vital to supply your bank statement showing you paid the post office for tracked delivery) -

You have obv read LadyOrange's recent experience and I would suggest you follow the same route ASAP to try and contact them again and get an out of court settlement

It's the railway you need to contact of course, not the court, at this point.

How long have you got until the court date? That is the window you have to make contact with he again with a view to getting out of court settlement - because on top of the sums you mention that go with court prosecution you will get a criminal record and most people want to avoid that if they can.

 

[HelpPlease1]

I don't think it is vital that you have the Royal Mail proof of delivery to support your claim you wrote back to them at the time - copies of what you sent should be enough (obv it would help if you did have the postal tracking proof but don't delay another attempt to contact the railway if you do not have it, I don't even think it's vital to supply your bank statement showing you paid the post office for tracked delivery) -

You have obv read LadyOrange's recent experience and I would suggest you follow the same route ASAP to try and contact them again and get an out of court settlement

It's the railway you need to contact of course, not the court, at this point.

How long have you got until the court date? That is the window you have to make contact with he again with a view to getting out of court settlement - because on top of the sums you mention that go with court prosecution you will get a criminal record and most people want to avoid that if they can.

Thanks, that really calms me down a bit.
It says 28th of August, which I think is the same date as LadyOrange. I was thinking to write them on Monday as now is probably too late to have an answer and they might not work on weekends (???). Or do you think is better to write them now?
Thanks

 

[WesternLancer]

Yes, well, the payment confirmation in my bank. The problem is that I can’t check if it’s been delivered. Because I don’t have the post office receipt with the reference number… so the only proof that I sent the letter is the bank payment confirmation.

Also, I want to avoid going to the court because of the criminal record that this could lead to, as I’m in the UK with a visa and I don’t know how this would impact in my status and future extensions.

I would hope that they would accept a copy of the letter you sent as 'proof' you sent one. After all I don't think they are going to be that bothered about debating if you replied or not, so that proof is not what it will hinge on, they just want to hear from you. Just a shame they lost it when chances are it did get delivered there.

You can say eg

"I did send this attached response to you on xxx date via Royal Mail (insert postage type used eg 1st class signed for) and I did receive proof of delivery, but I have now received a court summons and am concerned that my letter did not reach the appropriate team or perhaps got mislaid. I am now enclosing a copy of it again in the hope that my request to settle the matter without court action can still be sympathetically considered"

also some useful text on LadyOranges thread I think that you could probably make use of.

Thanks, that really calms me down a bit.
It says 28th of August, which I think is the same date as LadyOrange. I was thinking to write them on Monday as now is probably too late to have an answer and they might not work on weekends (???). Or do you think is better to write them now?
Thanks

I doubt they work on weekend but you never know - or you can use the weekend to get your papers in order and draft sorted (people where will check it for you) so you are able to post and e-mail them Monday morning

 

[HelpPlease1]

I would hope that they would accept a copy of the letter you sent as 'proof' you sent one. After all I don't think they are going to be that bothered about debating if you replied or not, so that proof is not what it will hinge on, they just want to hear from you. Just a shame they lost it when chances are it did get delivered there.

You can say eg

"I did send this attached response to you on xxx date via Royal Mail (insert postage type used eg 1st class signed for) and I did receive proof of delivery, but I have now received a court summons and am concerned that my letter did not reach the appropriate team or perhaps got mislaid. I am now enclosing a copy of it again in the hope that my request to settle the matter without court action can still be sympathetically considered"

also some useful text on LadyOranges thread I think that you could probably make use of.


I doubt they work on weekend but you never know - or you can use the weekend to get your papers in order and draft sorted (people where will check it for you) so you are able to post and e-mail them Monday morning

Thanks! That's the email I wrote following your advice and text on LadyOrange threat:

Dear Sir/Madam

I am writing regarding the above case reference number. I received a court summons last Thursday. Can I please check if you received my letter, which was sent to the address below on 20th April 2024 in response to your original letter to me received the 15th April 2024? I also sent an email on the 20th April.

Southeastern Prosecutions
PO Box 601
ASHFORD
TN23 9XZ

I did send this attached response to you on 20th April via Royal Mail (Special Delivery Guaranteed by 1pm) and I did receive proof of delivery, but I have now received a court summons and I am concerned that my letter did not reach the appropriate team or perhaps got mislaid. I am now enclosing a copy of it again in the hope that my request to settle the matter without court action can still be sympathetically considered

I am pleading that we settle this matter out of court and would happily pay all fees, including administrative and compensation costs and costs of fare owed.

My e-mail address is:
My phone number is:
My postal address:

Yours faithfully,


Do you think is ok?
Thanks

 

[ikcdab]

Everything's good until the word "pleading". I would say "I am hoping we can settle...."

 

[WesternLancer]

Everything's good until the word "pleading". I would say "I am hoping we can settle...."

Very much agree with this amend.

 

[HelpPlease1]

Thanks all. I have changed that and sent the email. Will keep update.