Single Justice Notice - Very worried.

[UKADS]

Hello everyone,

I am getting quite worked up and worried. Around 4 months ago, I received a train ticket fine, which wasn't paid (I'll explain later) and went to court, I received a criminal record and a court fine which is still outstanding, I believed it's been passed to Marstons now.

Now, today, I received another single justice notice, which I will plead guilt and not go to court, but will receive yet another criminal record. I'm getting worried because what will happen now as I have two offences for the same thing, within a limited time frame. The company was Southeastern.

I know it sounds like I'm dodging trains for a living, but it's not that. I use the train a lot to pick my daughter up from school each week, then take her back after a few days. I do usually have a ticket but the last two times I have been so skint, but had to take my daughter home, so rightly or wrongly I chanced it and got caught, I was honest and gave correct details etc. I did however try to pay via my card which was declined, but I did try when the inspector came round, as said earlier the reason for me not paying the initial fine is a tough one, I think I just buried my head, I suffer with a disability, I won't name it as I am not trying to use it as an excuse, but sometimes I don't think clearly and tend to be forgetful. This being said it is no excuse and the situation I'm in is my own fault. I'd just like some advise what to do, I'm quite worried and as the two offences are the same, on the same train line and in a short period.. will I receive another fine, but a bit heavier, or will they look into it and find I still have an outstanding balance from the other fine hey to be paid? I am also aware that a custodial sentence is a possibility, and as "reoffender" I'm worried.

Many thanks for any help in advance, it is greatly appreciated.

Regards

 

[Puffing Devil]

Given the circumstances, there is little that you can do, other than to include the mitigation that you set out above and apologise for the offence. You may need to make it clear why you had to collect your daughter and that you explored all other options before avoiding the fare on the train.

Regarding your earlier fine - I'm hoping that you've spoken to the Fines Officer at the Court? You need to avoid the fine going to the Bailiffs if at all possible. The fines officer will normally agree to a weekly payment, or a deduction from benefits, providing that there isn't a significant element of disability benefit, which used to prevent an automatic deduction. As you know, involving the Bailiffs means increased charges.

 

[UKADS]

Puffing Devil, thankyou very much

 

[cuccir]

It sounds to me like you need assistance in arranging to pay your first court debt. Follow Puffing Devil's advice, but also speak with a local citizens advice service. You may also find that there's a local disability advocacy agency, either for disabilities in general or your own disability specifically. While neither group can make this go away, both can sit down with you, discuss your options, and help you work out the best step. You should also talk to these groups about your childcare arrangements - they may be able to advise if you're missing out on any benefits or subsidized travel that might help you.

A custodial sentence is not a genuine possibility for you at the moment the rail-related offence - this would only come after many more of these offences, or if you did something stupid like racially or physically abuse the ticket inspector.

 

[Puffing Devil]

It sounds to me like you need assistance in arranging to pay your first court debt. Follow Puffing Devil's advice, but also speak with a local citizens advice service. You may also find that there's a local disability advocacy agency, either for disabilities in general or your own disability specifically. While neither group can make this go away, both can sit down with you, discuss your options, and help you work out the best step. You should also talk to these groups about your childcare arrangements - they may be able to advise if you're missing out on any benefits or subsidized travel that might help you.

A custodial sentence is not a genuine possibility for you at the moment the rail-related offence - this would only come after many more of these offences, or if you did something stupid like racially or physically abuse the ticket inspector.

Agree with this - I missed the worry about a custodial sentence and I can echo the comment that there is no chance that you would go to prison for even a third or fourth offence unless there were many aggravating factors. Also, if you are prosecuted under the Byelaws, there is no custodial option.

However - you need to be aware that any failure to pay court fines may ultimately end up in a prison sentence. It is essential that you work with the fines officer at the court and, as cuccir says, look to work with any advisors that you can find.

 

[UKADS]

Cuccir and Puffing Devil, thankyou both immensely. I've booked an appointment with citizens advice hopefully can get the ball rolling and can sort this mess out.

Thankyou again,

Kind regards,

 

[mattmtfc]

You wont go to prison for not paying your train fare. Going to prison for not paying your fine is possible but its very rare and is normally people who have the money to pay but wont instead of people who cant pay but if your up front with the court speak to the fines officer he will organise for it to be deducted from benefits. I had a load of old outstanding fines a couple of years ago but because I had been fined by another court and that fine was being deducted from benefits and he organised a court hearing where quite a chunk of the old fines were remitted and the others were transferred to the other court so they can be deducted but only the magistrates can make that order. Your local fines officer can be your best friend if your straight and up front with them but your worst enemy if your not. Take it from somebody who knows. Learnt my lesson now took 3 short prison sentences tho to make me grow up.