Court Summons in error?

[Tallbrook92]

Help or advice very appreciated, thank you in advance.

Mid June I was caught, first offence, not paying for a ticket (LNER) I was reported for travel irregularity gave all accurate details to inspector and got a penalty letter through the door about 2-3 weeks later, I was asked to pay £110.50 to end the matter, I paid the fine with no fuss within about a week of receiving the letter. They said on the letter that if I paid within 28 days there would be no court action. I have an emailed receipt with the payment date of 14th July and bank statements to prove the money was paid in good time.

However, fast forward to today I have received a court summons, they have given me a date of 13/10 to appear, however, I think this is a mistake but can't actually speak to anyone because the office is closed until Monday. I have sent an email with all evidence to a couple of departments, one of which originally took the payment and I have also left a voicemail on the number provided with my original payment receipt.

Other than calling them on Monday, which I plan to do, what needs to be my next course of action, as you can understand, this is very upsetting, especially considering that I assumed this matter closed? Can court summons be cancelled when they realised they made a mistake or is my fate now sealed as far as my enforced trip to Doncaster magistrates is concerned?

I feel this is highly unfair and would also like to know if considering this mistake I am entitled to some sort of compensation for the undue worry this is causing me?

 

[Fawkes Cat]

Welcome to the forum.

It looks like you are doing the right thing: contact them as soon as possible (i.e. Monday) and try to sort it out with a phone call.

Just in case this doesn't work, make sure that you still have all the evidence that payment was offered as a solution and you made that payment, so keep the letters and the receipt and your bank statements showing the payment.

Compensation: I don't think so. You may lose a couple of nights' sleep but then you will be back in the position you were beforehand i.e. with the matter resolved. If you kick up enough they might send you some flowers or a box of chocolates, but there's no real chance of money.

 

[MotCO]

The other thing is to check that you made the payment to the correct bank account and quoted the correct reference number. You may need to contact your bank for this, but many help lines are 24/7.

 

[Ediswan]

The other thing is to check that you made the payment to the correct bank account and quoted the correct reference number. You may need to contact your bank for this, but many help lines are 24/7.

IF the payment was made by bank transfer. LNER have an online payment system for Unpaid Fare Notices. The OP does say "I have an emailed receipt".

 

[Tallbrook92]

The other thing is to check that you made the payment to the correct bank account and quoted the correct reference number. You may need to contact your bank for this, but many help lines are 24/7.

I phoned up and spoke to someone, gave them my card details so there isn't any way the payment itself could have gone wrong. I would hope.

== Doublepost prevention - post automatically merged: 10 Sep 2022 ==

Welcome to the forum.

It looks like you are doing the right thing: contact them as soon as possible (i.e. Monday) and try to sort it out with a phone call.

Just in case this doesn't work, make sure that you still have all the evidence that payment was offered as a solution and you made that payment, so keep the letters and the receipt and your bank statements showing the payment.

Compensation: I don't think so. You may lose a couple of nights' sleep but then you will be back in the position you were beforehand i.e. with the matter resolved. If you kick up enough they might send you some flowers or a box of chocolates, but there's no real chance of money.

I threw the fine letter away about 2 days after I paid because I thought the matter was resolved, I'm very much hoping this is an admin error, as its states in the summons that they sent me a letter and I didn't respond at all. I paid on the 14th July, the summons was stamped for the 10th August so I paid well before they were even thinking of taking me to court, I've done everything they requested of me in a polite fashion to make it go away and its reared its ugly head again out of nowhere.

 

[Haywain]

I phoned up and spoke to someone, gave them my card details so there isn't any way the payment itself could have gone wrong. I would hope.

== Doublepost prevention - post automatically merged: 10 Sep 2022 ==


I threw the fine letter away about 2 days after I paid because I thought the matter was resolved, I'm very much hoping this is an admin error, as its states in the summons that they sent me a letter and I didn't respond at all. I paid on the 14th July, the summons was stamped for the 10th August so I paid well before they were even thinking of taking me to court, I've done everything they requested of me in a polite fashion to make it go away and its reared its ugly head again out of nowhere.

Did the payment go out of your account?

 

[Ediswan]

Did the payment go out of your account?

The OP stated "and bank statements to prove the money was paid in good time".

 

[Tallbrook92]

Did the payment go out of your account?

Yes went straight into my pending and have statements to prove it.

 

[skyhigh]

Yes went straight into my pending and have statements to prove it.

But did the payment clear?

 

[AlterEgo]

Yes went straight into my pending and have statements to prove it.

Into your pending isn’t a cleared payment. Please do check again as it’s going to be really important to prove you’ve paid.

 

[Wallsendmag]

I’m sure it’ll be sorted on Monday

 

[Tallbrook92]

Into your pending isn’t a cleared payment. Please do check again as it’s going to be really important to prove you’ve paid.

It was pending 14th so in other words was outside my speandable balance, went on my statement 17th. But the statement says payment date 14th.

 

[AlterEgo]

It was pending 14th so in other words was outside my speandable balance, went on my statement 17th. But the statement says payment date 14th.

As long as it’s definitely cleared

 

[spag23]

Just to be certain, is it clear to the OP from all the paperwork received that the summons relates to the same incident?

 

[Nottingham59]

I phoned up and spoke to someone

I have an emailed receipt

I threw the fine letter away about 2 days after I paid

What details are included in the emailed receipt? Does it for instance include your name and address? or just quote a case number? Do those details match any of the details on the court summons?

 

[Tallbrook92]

Just to be certain, is it clear to the OP from all the paperwork received that the summons relates to the same incident?

I haven't committed/been approached/received a letter about any other incident/s before or since then, but it is clear that this summons is related to the incident which I called and paid the penalty for because a statement is attached within the letter from the revenue protection officer at the time that matches my version of events that day. (mostly)

 

[Nottingham59]

this summons is related to the incident which I called and paid the penalty for because a statement is attached within the letter from the revenue protection officer at the time

So the summons is for the incident. But does the emailled receipt for your payment have information in it that proves it was treated as payment for the same incident?

 

[Haywain]

So the summons is for the incident. But does the emailled receipt for your payment have information in it that proves it was treated as payment for the same incident?

I think you're getting a bit over technical now. I expect that the matter will be resolved this morning when the OP phones LNER.

 

[Tallbrook92]

Thanks for your help everyone, I was summoned in error. They have just emailed me.

 

[Fawkes Cat]

Thanks for your help everyone, I was summoned in error. They have just emailed me.

That's good news.

Given what we have all said, hang on to that email (and any other evidence of payment that you still have) at least until the date when the case would have been in court. It's unlikely that LNER will follow up one mistake with another, but it's not impossible!

I don't think that you need to make any other preparations (everything says that the matter is closed), but hanging on to stuff is an easy way to be safe rather than sorry.

 

[Wallsendmag]

Any chance you can block out the names on that email?

 

[Tallbrook92]

Any chance you can block out the names on that email?

It's my name, I'm not bothered and anyone can email the sender their email address is available publicly.

 

[ChewChewTrain]

Thanks for letting us know. If I were in your position, I’d be too relieved to be particularly upset with them. At least they promptly sorted things out instead of leaving you to worry for days or even weeks.

 

[Tallbrook92]

Thanks for letting us know. If I were in your position, I’d be too relieved to be particularly upset with them. At least they promptly sorted things out instead of leaving you to worry for days or even weeks.

Yes, the relief has taken over any potential anger.

 

[1955LR]

Thanks for your help everyone, I was summoned in error. They have just emailed me.

Call me old fashioned, but an email as important as that, should clearly state to which case it refers, without need to reference it to any previous correspondence

 

[Western Sunset]

I thought the email reply to the OP was nicely written, being open as to how the error occurred.

 

[MotCO]

Should the OP contact the Court to confirm that his/her case is not still listed?

 

[ainsworth74]

I thought the email reply to the OP was nicely written, being open as to how the error occurred.

Agreed. Whilst it should never have happened, of course, I do think that the very prompt reply and admitting to the mistake without beating around the bush were both factors to LNERs credit.

 

[Fawkes Cat]

Should the OP contact the Court to confirm that his/her case is not still listed?

I don't think so. Although, as I commented above, it's not impossible that LNER will make another mistake in view of the action that they say they will take LNER obviously intend to withdraw the case. As I also commented above, I think it's worth hanging on to paperwork and electronic documents until the court date has been and gone just in case - but hanging on to something is much easier than actively chasing the court to make sure that what LNER have said will happen really is happening.

 

[MikeWh]

Any chance you can block out the names on that email?

It's my name, I'm not bothered and anyone can email the sender their email address is available publicly.

I've removed the bottom of the image just in case.