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  1. J

    Merseyrail / Trainline disconnect

    You need to change 'terminated' to 'terminate', and I suggest a couple of changes to your final paragraph so that it reads as follows: “The Single Justice Procedure Notice does not identify any legislation creating whatever offence is being alleged, preventing me from knowing the precise nature...
  2. J

    Merseyrail / Trainline disconnect

    Whilst wishing not to interfere unnecessarily with the form of words you have used, I do think that you need to make some alterations to your draft. First, the words “The charge sheet states” at the start of your second paragraph need to be changed to “The Statement of Facts states” because it...
  3. J

    Merseyrail / Trainline disconnect

    Sorry, missed that. In that case a ticket was produced on request and the requirements of Byelaw 18.2 were met.
  4. J

    Merseyrail / Trainline disconnect

    It's clear from this that there has been a breach of the requirement set out in Part 7.3(1)(a)(ii) of the Criminal Procedure Rules 2020, because the legislation creating the offence has not been specified in the charge. Joseph Randa's statement refers to commission of an offence under...
  5. J

    Merseyrail / Trainline disconnect

    I entirely agree that the OP needs to upload full copies of all the court paperwork. Only when this is done may it become possible to establish the offence charged. What has been produced so far is riddled with ambiguity: the statement of facts makes an irrelevant reference to a...
  6. J

    Court prosecution reopening - train notice of fine & collection order

    It's entirely possible that the problem stems from faulty collection rather than a faulty conviction, but what seems clear from the court service communications received is that the court is treating the OP as a properly convicted defendant, and the OP may discover that this is the only basis on...
  7. J

    Court prosecution reopening - train notice of fine & collection order

    There's not much I can add to what I have said already, as I don't have full details of the relevant timeline of events and communications between you and 'officialdom'. The earliest pertinent communication you have uploaded bears an 11 March 2024 date, which implies that by then at least two...
  8. J

    Court prosecution reopening - train notice of fine & collection order

    The 11 April 2019 Notice of Fine refers to a 'railway bye-law' offence. This indicates that you were convicted of an offence under Byelaw 18, as accurately paraphrased by the 2019 Notice. This takes you outside the large class of people recently discovered to have been prosecuted by means of...
  9. J

    Court prosecution reopening - train notice of fine & collection order

    From the sound of it, your initial interactions with Bedford Magistrates Court were by phone. Did you keep a note of each occasion on which you telephoned the court? If not, you should try to compile a list of when you made such calls to which you can refer at the hearing of your application...
  10. J

    Court prosecution reopening - train notice of fine & collection order

    Beaten to it by @30907's and @pedr's posts above, but I have the same questions as them. Important to have details of your interactions with the court, as these could have a bearing on whether the court will agree to re-open the case so long after you apparently first became aware of it.
  11. J

    Penalty fare appeal

    Whether you pay the settlement sum offered or not depends on how strongly you feel about the matter and your appetite for risk. Accepting Chiltern's offer and paying the company £136.30 will prevent a prosecution and will be an end to the matter. Chiltern will treat your acceptance of its...
  12. J

    Penalty fare appeal

    Neither of the copy documents you have uploaded appears to be a copy of the Notice of Intended Prosecution to which you referred in post #8, and that Notice probably contains details of the offence Chiltern intends to allege you committed. Could you please upload a copy of that Notice, with...
  13. J

    Penalty fare amount.

    Nothing ventured, nothing gained! Trans Pennine uses Penalty Services Limited as its appeal handling body. Full details of its appeal arrangements are at https://www.tpexpress.co.uk/help/revenue-protection-policy/unpaid-fare-notice, including a link to a page for making an appeal online. You...
  14. J

    Penalty fare amount.

    I take it this was an Advance ticket, then, so NRCoT 9.5 is not relevant. But I gather that dyslexia is recognised in the railway industry as a disability for which it has a legal obligation to make reasonable adjustments. If you are able to show that dyslexia is likely to have affected your...
  15. J

    Penalty fare appeal

    Postings in this thread indicate that Leamington Spa remained a compulsory ticket area station as recently as 3 April this year. It would be helpful for the OP to clarify whether Chiltern is alleging a breach of Byelaw 17 or 18 - or some other provision.
  16. J

    Penalty fare amount.

    Can you please clarify this? Assuming that you held a ticket of some sort, was it an Advance ticket that wasn't valid for the train you boarded (in which case you had no obvious grounds for appeal against a penalty fare), or was it a ticket subject to a time restriction that rendered it invalid...
  17. J

    GTR have assumed I was travelling with wife

    It is important for the OP to obtain GTR's written confirmation that it accepts that he was not present on the relevant train when a penalty fare is alleged to have been issued to him, and that consequently there were no grounds for the issue to him of a penalty fare. That precludes the...
  18. J

    Unlawful Use of SJPN by Train Companies for Section 5(1) RoRA Prosecutions

    Still waiting to be told the basis in law on which these thousands of cases are going to be revived for re-listing, and, for that matter, the authority of any magistrate to substitute in the place of another magistrate's decision a declaration that the proceedings forming the subject of that...
  19. J

    Unlawful Use of SJPN by Train Companies for Section 5(1) RoRA Prosecutions

    What event would start that 3 month clock? The case has been subject to final disposal, so I do not see how there can be a decision not to re-open that is susceptible to judicial review. I agree with everything @island says in post #358, subject to the observation that a prosecution...
  20. J

    Unlawful Use of SJPN by Train Companies for Section 5(1) RoRA Prosecutions

    Part of the reason for the CM confining himself strictly to 'the improper use of SJP' issue may be an awareness that the impropriety was taking place in magistrates courts right across Northern's and GA's territory, so there was a pretext for transfer of the six test cases to his own court that...

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