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Notice of Intention to prosecute

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Fawkes Cat

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Hello everyone can you help me to what should I do now?
Rea;istically, you need to take note of what @tonycockram said in post #119
The court date was yesterday. It will take a little time to respond to you.
Given the time pressure you are under, we know why you want a quick reply, but to be fair to the court and the TOC you need to give them a little time. I would suggest trying to put it to one side and not worrying about it until at least next Monday (i.e. 24 February) - and you need to remember that even then any letter might still be in the post on its way to you.
 
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vijay001

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Rea;istically, you need to take note of what @tonycockram said in post #119

Given the time pressure you are under, we know why you want a quick reply, but to be fair to the court and the TOC you need to give them a little time. I would suggest trying to put it to one side and not worrying about it until at least next Monday (i.e. 24 February) - and you need to remember that even then any letter might still be in the post on its way to you.
Okk thats fine what are you saying about. And what about my 2nd case should i put further mail about my case . On Monday I put mail to prosecution department about my situation and asking out of court settlement. But still they didn't update anything should I ask further now?
 

Fawkes Cat

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Okk thats fine what are you saying about. And what about my 2nd case should i put further mail about my case . On Monday I put mail to prosecution department about my situation and asking out of court settlement. But still they didn't update anything should I ask further now?
Again, you need to give the court time to contact the railway company - and for the railway to think about what they have heard. My advice is to leave it until at least Monday.
 

WesternLancer

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Okk thats fine what are you saying about. And what about my 2nd case should i put further mail about my case .
Ref yesterday's court matter note what @Puffing Devil advised (post #115 I think):
The court will inform you of the outcome of the hearing on Wednesday. You'll need to wait for that for a decision.

You could email on Thursday if you've not heard.
I believe that means e-mail the court


secondly Ref this
On Monday I put mail to prosecution department about my situation and asking out of court settlement. But still they didn't update anything should I ask further now?

You are just going to have to wait - since yesterday the Court has to inform the railway company of what they decided on Wednesday. The Railway company then has to think what it wants to do. The railway company should know you are required to leave the country - do you have a date when you plan to leave the UK?

You can at least continue a dialogue with the Railway company after you have left the UK (eg by e-mail) - they would hopefully realise their was title chance of you coming back to the UK to attend court even if they decide they do not wan tto settle it out of court wth you - but you would have to wait and see
 

vijay001

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Ref yesterday's court matter note what @Puffing Devil advised (post #115 I think):

I believe that means e-mail the court


secondly Ref this


You are just going to have to wait - since yesterday the Court has to inform the railway company of what they decided on Wednesday. The Railway company then has to think what it wants to do. The railway company should know you are required to leave the country - do you have a date when you plan to leave the UK?

You can at least continue a dialogue with the Railway company after you have left the UK (eg by e-mail) - they would hopefully realise their was title chance of you coming back to the UK to attend court even if they decide they do not wan tto settle it out of court wth you - but you would have to wait and see
I asked court about my outcome via mail . After that they give reply because like . I don't know the reason why court changed the hearing. Can anyone explain this. And prosecution department wait until march for outcome to deciding case 2 .

Good afternoon,

Thank you for your email.

The case has not been heard yesterday. It has been adjourned to 19/03/2025.

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I asked court about my outcome via mail . After that they give reply because like . I don't know the reason why court changed the hearing. Can anyone explain this. And prosecution department wait until march for outcome to deciding case 2 .

Good afternoon,

Thank you for your email.

The case has not been heard yesterday. It has been adjourned to 19/03/2025.
Hello, everyone. I have some doubts. If I am willing to pay the full amount of 450 pounds and close the case soon by making the payment, is there any possibility of avoiding a court hearing after the case is reopened? Also, what will the prosecution department decide regarding the outcome of Case 2? Since I am fully paying for Case 1, does that have any impact?

I am looking to resolve all cases within this month because I don’t want this to affect me any further. I am already dealing with depression and stress due to personal matters, and these cases are making things worse due to delays from the court and prosecution. I want to put an end to all my problems and move forward without this added stress and depressed due to this I am thinking to much like suicidal thoughts and many things already I got many throughts due to my personal reasons again I am getting this worst throughts.
 
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Fawkes Cat

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I am thinking to much like suicidal thoughts and many things already I got many throughts due to my personal reasons again I am getting this worst throughts.
If you need someone to talk to, the Samaritans are always there. Find their contact details at https://www.samaritans.org/how-we-can-help/contact-samaritan/.

In the meantime, think about whether you ever want to come back to the UK. Given that you've been asked to leave, I would understand if you didn't want to return - but in practical terms it seems to me that if you are leaving and not coming back then it may not matter if you haven't resolved case 1 or case 2 by the time that you leave.
 

vijay001

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If you need someone to talk to, the Samaritans are always there. Find their contact details at https://www.samaritans.org/how-we-can-help/contact-samaritan/.

In the meantime, think about whether you ever want to come back to the UK. Given that you've been asked to leave, I would understand if you didn't want to return - but in practical terms it seems to me that if you are leaving and not coming back then it may not matter if you haven't resolved case 1 or case 2 by the time that you leave.
Thank you for your reply. Can I know who is Samaritans . And I don't have more amount to spend for solicitors. May be in future I am applying visa for other countries like USA, Canada if UK also it will affect my visas because of this case. When I am applying government jobs in my hometown they asked to give PCC for verification even in IT sector also .now I am leaving. In future I am coming back after long years the data of my criminal records still exist and at the time I am in more risk. Thats the reason I want to resolve every issue which I have now. When I am coming back in future its free to entry not in UK all other countries. Thank you. Give the best idea to resolve all the cases soon as possible. I come last year for my studies due to personal health problems I am facing more difficulties and facing more more problems and went to depression and anxiety due to my health problems and appointment delays I didn't concentrate my studies due to this my university withdrawal the student visa now.. so i already have more problems. And no one with me to help still.
 

Fawkes Cat

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Can I know who is Samaritans
They're volunteers who will listen to you if you're in distress or difficulty - maybe if you're feeling suicidal. As I understand it, they won't judge or tell you what to do, and they will keep whatever you tell them to themselves.

What they say on https://www.samaritans.org/how-we-can-help/if-youre-having-difficult-time/ is
You can get in touch about anything that’s troubling you, no matter how large or small the issue feels.
(...)
We're here to listen, no judgement, no pressure, and help you work through what's on your mind. We'll never tell you what to do.
 

vijay001

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They're volunteers who will listen to you if you're in distress or difficulty - maybe if you're feeling suicidal. As I understand it, they won't judge or tell you what to do, and they will keep whatever you tell them to themselves.

What they say on https://www.samaritans.org/how-we-can-help/if-youre-having-difficult-time/ is
The case 1 hearing was not held and going to hearing in march 19. And for case 2 yesterday I put mail for prosecution officer about to out of court settlement again and didn't get any reply. So I called customer care of prosecution department and asked about my case. She said my case is going to court and I want to wait. So what should I do now should I put any further mail to ask out of court settlement. Please anyone help me to draft the sentence to asking again. Help me guys I am in critical situations. Unable to think.
 

Fawkes Cat

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The case 1 hearing was not held and going to hearing in march 19. And for case 2 yesterday I put mail for prosecution officer about to out of court settlement again and didn't get any reply. So I called customer care of prosecution department and asked about my case. She said my case is going to court and I want to wait. So what should I do now should I put any further mail to ask out of court settlement. Please anyone help me to draft the sentence to asking again. Help me guys I am in critical situations. Unable to think.
Although it won't be cheap, I now think that the only realistic way to resolve this one quickly and out of court is to employ a solicitor.

I know that won't be the advice you want to hear, but to my mind it needs a professional to have any chance of getting matters unpicked and sorted out quickly.

A number of solicitors are quoted from time to time on the threads on this forum. I'm afraid I don't have time to find them for you, but searching the forum may well bring them up.
 

Cuthbert

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Manak Solicitors and Makwanas Solicitors are mentioned and I am sure a 3rd one but I found those two with a quick search.

Below has been helpful too for some.
 
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Puffing Devil

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You’re unlikely to resolve this before you leave the country unless you pay for a solicitor to intervene as they will get more attention from the courts and the TOC.

You can continue to run with this remotely – you need to ensure the court and the TOC have a working email, phone and postal address outside the country. There is a chance that they will discontinue the matter as it will be challenging to run the matter in court.

If you decide to keep going yourself, and it will cost you nothing to try today, even if you decide to use a solicitor, you can email them both the court and the TOC again today to remind them that:
  • You are leaving the country permanently, and give them the date
  • Provide a copy again of the Home Office letter
Then, for the TOC – forward the email you sent to court and reiterate that you are keen to settle the matter fully before you leave the UK.

Example
Case References XXX YYY​
​
I am departing the UK permanently on DATE​
​
I am resubmitting a copy of the Home Office letter requesting my departure. This letter was previously submitted to the court on DATE. For your convenience, a copy is attached again to this email.​
​
I would be grateful if you could acknowledge receipt of this notification and advise how these matters will be concluded once I have left the country, as I understand that case XXX has now been adjourned until March 19th, when I will be residing in COUNTRY and unable to return to the UK.​
 

pedr

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Has the court given you any details about what the hearing is actually about? There’s a chance it might help a little if you knew exactly what the court might do at that hearing - just saying that the case is the subject of a hearing you don’t have to attend is not really enough information.
 

vijay001

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Has the court given you any details about what the hearing is actually about? There’s a chance it might help a little if you knew exactly what the court might do at that hearing - just saying that the case is the subject of a hearing you don’t have to attend is not really enough information.
Is that citizens advice help for this matter to resolve.
 

Titfield

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Citizens Advice may be able to help you but I think they will face the same problems forum members have had.

You really need to speak to someone face to face so you can be asked questions and you answer in "real time".

It needs to be a solicitor as they will know exactly how the courts work and will "speak their language" when making enquiries.
 

WesternLancer

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Is that citizens advice help for this matter to resolve.
Unless your local citizens advice is well resourced and most are not I doubt they could accelerate anything in the time you are in uk but you could ask.

I suspect you would have to pay a solicitor as above a fee that could be quite a lot of money (£500 +) or follow the good advice from puffingdevil in post #134
 

vijay001

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Unless your local citizens advice is well resourced and most are not I doubt they could accelerate anything in the time you are in uk but you could ask.

I suspect you would have to pay a solicitor as above a fee that could be quite a lot of money (£500 +) or follow the good advice from puffingdevil in post #134
Hello guys I received letter today from court. I can't understand what they saying.
 

tonycockram

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If you want to redact your personal details and put it on here, we can have a look and try and help you! :)
 

vijay001

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If you post the letter here we may be able to explain.
This is received today. What should I do further now

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If you post the letter here we may be able to explain.
This is received today. What should I do further now

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This is received today. What should I do further now

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This is received today. What should I do further now
 

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Fawkes Cat

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This is received today. What should I do further now

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This is received today. What should I do further now

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I think this is for prosecution 1 - and to some extent it's good news. If you are prepared to plead guilty, then you don't have to physically go to court - which means that you being about to leave the country isn't a problem.

There are some points which I think you will see as bad news:
- if you plead guilty you will have to pay a fine and some other costs. That means spending money.
- if you plead guilty you will have a 'criminal record' which might impact on how willing the UK will be to let you back into the country (but this is not something we advise on, so if you want to check that point you should go to someone who is allowed to give immigration/visa advice).
- this will not of itself resolve prosecution 2 (although it may mean that the railway can look at that sooner if you can get this one out of the way).
 

vijay001

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I think this is for prosecution 1 - and to some extent it's good news. If you are prepared to plead guilty, then you don't have to physically go to court - which means that you being about to leave the country isn't a problem.

There are some points which I think you will see as bad news:
- if you plead guilty you will have to pay a fine and some other costs. That means spending money.
- if you plead guilty you will have a 'criminal record' which might impact on how willing the UK will be to let you back into the country (but this is not something we advise on, so if you want to check that point you should go to someone who is allowed to give immigration/visa advice).
- this will not of itself resolve prosecution 2 (although it may mean that the railway can look at that sooner if you can get this one out of the way).
No this is for prosecution 2. And the date of incident correctly mentioned . And it stated fine amount also 137 pounds. I don't want any criminal conviction and any amount spending over to much. Should I contact the prosecution department again this. Or what should I do now.
 

WesternLancer

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No this is for prosecution 2. And the date of incident correctly mentioned . And it stated fine amount also 137 pounds. I don't want any criminal conviction and any amount spending over to much. Should I contact the prosecution department again this. Or what should I do now.
If you are guilty (ie evaded the fare / did not have the right ticket) and thus broke the law you will get a criminal conviction. You might not want one, but you don't get to decide that I am sorry to say. The way to avoid getting a criminal conviction was to travel with the correct ticket on your journey.

The fine gets set by the court (the fine is the court's punishment or 'sentence') after you have made a plea and they have decided if you are guilty or not. It will likely be more than £137. That sum is probably the costs that you are then also required to pay to the organisation bringing the case to court, which is the railway company. This compensates the railway company for the time and trouble that have had to go to over all this.
 
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Fawkes Cat

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No this is for prosecution 2. And the date of incident correctly mentioned .

Sorry - my mistake. The good news is that if you clear this one up that only leaves prosecution 1 outstanding.

And it stated fine amount also 137 pounds.

Unfortunately, that's not the fine - that's the costs that the railway will be claiming. There'll be a fine and surcharge on top of that

I don't want any criminal conviction and any amount spending over to much. Should I contact the prosecution department again this. Or what should I do now.

I don't think that not having a criminal conviction and not spending too much is a realistic outcome to hope for. My understanding is that you are guilty of the offence (again, I haven't read back through the thread so apologies if this is wrong) and the normal result of being caught doing something that you shouldn't is that you are punished in some way. You might be able to avoid this outcome if you employ a solicitor - but that won't be cheap.

To try and get the positive about this matter, you're now well down the road of sorting these prosecutions out. I don't know what the rules are about coming back to the UK with something like this on your record (and as I said before, that's not something we give advice on) but I think there's a good chance that having sorted these things out will be much less of a problem than having them hanging over you without resolving them.
 

vijay001

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Sorry - my mistake. The good news is that if you clear this one up that only leaves prosecution 1 outstanding.



Unfortunately, that's not the fine - that's the costs that the railway will be claiming. There'll be a fine and surcharge on top of that



I don't think that not having a criminal conviction and not spending too much is a realistic outcome to hope for. My understanding is that you are guilty of the offence (again, I haven't read back through the thread so apologies if this is wrong) and the normal result of being caught doing something that you shouldn't is that you are punished in some way. You might be able to avoid this outcome if you employ a solicitor - but that won't be cheap.

To try and get the positive about this matter, you're now well down the road of sorting these prosecutions out. I don't know what the rules are about coming back to the UK with something like this on your record (and as I said before, that's not something we give advice on) but I think there's a good chance that having sorted these things out will be much less of a problem than having them hanging over you without resolving them.
Ok I understand there is no way to handle this.only option to give guilty. Is anything I can do it by online instead of sending post . And can I know which laws they proceed for me. For clarification. Thank you. I am ready to give guilty there is such option . Guide me now to do.
 

Spaceship323

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Ok I understand there is no way to handle this.only option to give guilty. Is anything I can do it by online instead of sending post . And can I know which laws they proceed for me. For clarification. Thank you. I am ready to give guilty there is such option . Guide me now to do.
The court pack must be returned by post, it says that on the first page. Make sure you fill in the MC100 means form as any fine will be based on your income
 
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WesternLancer

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Ok I understand there is no way to handle this.only option to give guilty. Is anything I can do it by online instead of sending post . And can I know which laws they proceed for me. For clarification. Thank you. I am ready to give guilty there is such option . Guide me now to do.
It is vital that you fill in the form correctly and all parts of the form that you need to complete. You should take a photo of each page that you complete to keep a copy before you send it. You should then send it from a post office tracked postage.

You must return the form by the date deadline given

If you are moving to an address aboard then you can tell them the date of that move and fill in that address on the relevant page

If you are pleading guilty and do not wish to go to the court then there is an option to tick for that (also a guilty plea on the form will result in a reduced fine)

By declaring your income on the MC100 form (as a student for example you may have no, or a low income) that will also reduce the fine that they set because the fine follows a formula that is based on your income.

You can print copies of this form (including in various other languages which may be of help to you) from this web page


If you are unsure how to fill the form in correctly then you should go to the advice service at your college / university to get some help completing the correct parts as they can help you face to face and check it (which is less easy to do here). So could a Citizens Advice Bureau if you have time to see someone there before the deadline by which you need to return these forms.
 
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