I have made a not guilty plea and have been sent a court date. On telephoning I have been told it is Single Justice Procedure which I must attend. I actually paid the fine. The original paperwork went to a previous address but eventually the bailiffs turned up. This was the first I knew about it. This is when I appealed. If my appeal fails what could be the consequences? Can I get a CCJ, criminal record etc. Or can I withdraw my appeal and pay any further costs? I do not want to take the risk. Panicking about this.
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Single Justice Procedure
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Puffing Devil
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Something is incorrect here—the Single Justice Procedure does not allow you to attend. It's processed in the court's back office with just a Single Justice and a Clerk.
It would help immensely if you were to post copies of all the documentation that you've had to date, blanking out names, addresses, and reference numbers.
Also let us have a timeline from before your not guilty plea. Where and when were you stopped? What was the reason? What paperwork did you get then? What tickets did you have?
It would help immensely if you were to post copies of all the documentation that you've had to date, blanking out names, addresses, and reference numbers.
Also let us have a timeline from before your not guilty plea. Where and when were you stopped? What was the reason? What paperwork did you get then? What tickets did you have?
Thank you for your replies. I have phoned and spoke to another operator who confirmed it is a full hearing. Basically the original paperwork went to a previous address and was heardt in a single justice court and in my absence it progressed to sending bailiffs. I appealed and have now been sent this court date. I have no previous convictions or been to court for anything. What could the repercussions be? Jail, criminal record etc? Thank you. I am worried about getting a mortgage and job applications etc. Thank you.
We need to see all the paperwork to advise, but jail is not a realistic possibility - and often an impossibility - for a conviction under railway-specific legislation.
It's not clear what you mean by "appeal" - do you mean submitting a statutory declaration which has been accepted by a court? (This isn't appealing)
It's not clear what you mean by "appeal" - do you mean submitting a statutory declaration which has been accepted by a court? (This isn't appealing)
Thank you for your reply. I have phoned and spoken to another operator who confirmed it is a full hearing. Basically the original paperwork went to a previous address and was heard in a single justice court and in my absence it progressed to sending bailiffs. I appealed and have now been sent this court date. I have no previous convictions or been to court for anything. I did not have a ticket to ride a short journey to Swanley. What could the repercussions be? Jail, criminal record etc? Thank you. I am worried about getting a mortgage and job applications etc. Thank you.
Haywain
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Criminal conviction and record, and a fine (plus costs).
This is a low level offence and unlikely to have a lasting effect on your life.
Now, the serious question is who is prosecuting you, and what for? Most train companies will settle out of court if asked, which would result in you paying less money and not having a record. But you probably don't have much time to get in touch and negotiate that.
I asked about this when I rang and they said it was too late as the date was set. Do you still think it is worth a try? I don't know the email address to contact either.
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It says on the bottom of the letter travelling without a ticket.
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Haywain
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You've got 9 days, so yes.
Nor do we unless you can answer the question:
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Well, perhaps you can post a copy of the letter which might help.
I attach the letter
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Who would I post it to? The Prosector is SE Railways.
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Haywain
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You haven't got time for the post! You can email prosecutions.team@southeasternrailway.co.uk
Draft an email and we can help with getting it right before you send it.
THANK
Dear Sir
I write with reference to the above case number and incident.
I deeply regret the situation I find myself in due to my poor judgement and carelessness and on reflection I now realise the severity of it. I should have dealt with things differently which I can only apologise for now and can ensure such situation will never happen again. No such incident has happened before and subsequently, I have been completely honest with all my travels, adhering to all rail regulations. I have learned valuable lessons from this incident.
I am very concerned that prosecution for a first time, might have a disproportionate effect on my future employment as it is essential that a clean CRB record is maintained by me.
I would be most grateful if you would consider allowing me to settle this matter without the need for court action. Although I have paid £774.80 direct to CDER group, I am fully willing to pay any further outstanding costs incurred in handling this issue.
I am extremely sorry that this incident occurred, and hope you will accept my most sincere apologies for the inconvenience caused.
I look forward to receiving your response.
Yours faithfully
Thank you. I had prepared one using some wording as used here.
Dear Sir
I write with reference to the above case number and incident.
I deeply regret the situation I find myself in due to my poor judgement and carelessness and on reflection I now realise the severity of it. I should have dealt with things differently which I can only apologise for now and can ensure such situation will never happen again. No such incident has happened before and subsequently, I have been completely honest with all my travels, adhering to all rail regulations. I have learned valuable lessons from this incident.
I am very concerned that prosecution for a first time, might have a disproportionate effect on my future employment as it is essential that a clean CRB record is maintained by me.
I would be most grateful if you would consider allowing me to settle this matter without the need for court action. Although I have paid £774.80 direct to CDER group, I am fully willing to pay any further outstanding costs incurred in handling this issue.
I am extremely sorry that this incident occurred, and hope you will accept my most sincere apologies for the inconvenience caused.
I look forward to receiving your response.
Yours faithfully
I think we are going to need to know what happened first, but that letter doesn't sound very sincere. I can't even tell what you're supposed to have done or what lessons you have learned.
What's happening with the "CDER" money? Did you get the conviction set aside? If so, that money should be returned to you, so it is irrelevant.
Thank you I will have a go at rewording. I was advised to pay it by the convictions team and it covered the fine and bailiffs costs. I don't think it was set aside, as I understand it.
That draft is going to need some work for it to make any sense.
Remember, at the moment as far as SouthEastern are concerned the matter has been dealt with and closed, and your draft states that you’ve already paid £774 to CEDR Group. So South Eastern will be completely puzzled by a request to now settle out of court. You need to explain that you’ve filed, or will be filing, a Statutory Declaration (if that’s what you mean by appeal). And then you can dive in to why you are requesting an out of court settlement.
and in your request, you need to think carefully about what you’re going to say to them to convince them to offer you a settlement. Your draft doesn’t mention that it’s a ticketing irregularity, it doesn’t mention where you were travelling or why you were stopped, and it doesn’t explain how you’ve learnt your lesson.
Remember, at the moment as far as SouthEastern are concerned the matter has been dealt with and closed, and your draft states that you’ve already paid £774 to CEDR Group. So South Eastern will be completely puzzled by a request to now settle out of court. You need to explain that you’ve filed, or will be filing, a Statutory Declaration (if that’s what you mean by appeal). And then you can dive in to why you are requesting an out of court settlement.
and in your request, you need to think carefully about what you’re going to say to them to convince them to offer you a settlement. Your draft doesn’t mention that it’s a ticketing irregularity, it doesn’t mention where you were travelling or why you were stopped, and it doesn’t explain how you’ve learnt your lesson.
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