charge sheet received - help!

[MichelleRWB]

HELP!!! I received a notice in August for being in the first class carriage without a valid ticket. I provided my details, fessed up and then promptly forgot all about it. yesterday I got a charge sheet and while expressing my shock to a family member, said family member very sheepishly rummaged in a pile of papers buried in the kitchen drawer and returned with letter advising I would be prosecuted. Apparently it had arrived while I was away traveling. I've never been charged with anything in my life and want to have an out-of-court settlement as I will lose my job with a criminal record. any advice greatly received. I was going to get a lawyer involved but worry there may be some predatory practices out there and I may not have the outcome I seek.

 

[alholmes]

To enable us to give you good advice can you upload a copy of the communication you have received, redacting any personal information (name, address, reference number etc.).

When you say charge sheet, what do you mean exactly? Court summons? Single Justice Procedure Notice?

 

[MichelleRWB]

To enable us to give you good advice can you upload a copy of the communication you have received, redacting any personal information (name, address, reference number etc.).

When you say charge sheet, what do you mean exactly? Court summons? Single Justice Procedure Notice?

== Doublepost prevention - post automatically merged: 17 Jan 2024 ==

this is what I received. I've not had so much as a speeding fine in my life. I was in the carriage to access a powerpoint because my phone had died unexpectedly. No excuse, I know. but now I just have to make it go away or I have to notify my employer and that will have repercussions

 

[AndroidBango]

Did you receive the previous correspondence mentioned in the letter?

Edit: sorry, yes, I see now that it had been put aside by your family member.

 

[spag23]

Was this the only correspondence the OP received? The Rail Company usually (but not are obliged to) write to the passenger several times before involving the Courts; especially over a relatively trivial episode that they (and you!) would prefer to settle (albeit at a price) out of court.

 

[The Phoenix]

The first thing to do is do not panic. This is a charge under Byelaw 18 and is not recordable on the PNC. It states you were issued a penalty fares notice giving you 21 days to either pay the amount requested or to appeal the notice and it appears you have not done so. This may well have been as you were travelling or some other reason but that is why they have issued a summons. It looks like SJP or single justice paperwork to me. My advice at this time is to contact the train company and ask if you can resolve the matter administratively. If not don't just ignore it and respond to the court.

Its not recordable as a Byelaw so you will not get a criminal record its a bit like a parking fine. Did you hold any ticket for your rail journey on that day? or was it just the standard class ticket?

 

[spag23]

If not don't just ignore it and respond to the court.

I hope the OP didn't - as I momentarily did - interpret this as "don't just ignore it and don't respond to the Court".

 

[WesternLancer]

HELP!!! I received a notice in August for being in the first class carriage without a valid ticket. I provided my details, fessed up and then promptly forgot all about it. yesterday I got a charge sheet and while expressing my shock to a family member, said family member very sheepishly rummaged in a pile of papers buried in the kitchen drawer and returned with letter advising I would be prosecuted. Apparently it had arrived while I was away traveling. I've never been charged with anything in my life and want to have an out-of-court settlement as I will lose my job with a criminal record. any advice greatly received. I was going to get a lawyer involved but worry there may be some predatory practices out there and I may not have the outcome I seek.

Was this a Thameslink train? This is pretty bad luck because the rear portion of 1st class on Thameslink trains is open to use by Standard Class ticket holders, so if you at least had a standard class ticket - you could have gone in the rear 1st class area to charge your phone and that would have been totally legitimate!

Off topic but the reason the standard class areas on Thameslink have no charging points is that the UK government, when they specified the trains, specified them without passneger charging facilities / sockets throughout the train to save money - unbelievably poor!

Anyway - back on topic - if this is Govia Thameslink Railway (GTR) they are fairly pragmatic - and if you contact them urgently - may be prepared to settle the matter and withdraw court action process.

You need to write and explain the whole issue has only just come to your attention (which it has thanks to the unhelpful actions of your family member who must have opened the earlier correspondence, not understood the seriousness of it, and shoved it in a drawer...), but that you would not like to resolve the matter as quickly as possible without the need for it to be handled in court.

Adopt an apologetic but co-operative tone, making clear you are happy to pay sums owed*, and this might work. It will likely cost more than if you had resolved matters at the time but of course that chance has now gone by

You could post a draft of what you want to write to them up here for people to check if you think that would help.

keep copies of all the paperwork, send stuff signed for so you know it has got there, ensure relevant ref numbers on whatever you send etc

Hope this helps - others might post good advice so keep an eye on your thread here for eg next day or so

In all of this I am assuming that there is enough time before the court action for you to open this dialogue with GTR?

Then if they agree that and you can get confirmation in writing that the court action is withdrawn I assume there would be no need to notify your employer and that resolves that aspect for you.

Also - prev threads involving Thameslink where people have engaged lawyers have mentioned one or two forms who seem to have a sting relationship with them which means they can get settlements done quickly - but of course that comes at the cost of the solicitors fees. I suspect you don't need that help but if you do the firms names can be mentioned here if that would help / or if you wanted to get a quote - I have no connection with them nor have used them myself I should add

This thread is an example (far more serious problem than yours - https://www.railforums.co.uk/threads/fare-evasion-thameslink-gtr.255532/#post-6441151

*EDIT - hopefully no more than the sums mentioned in your uploaded docs ie £150 costs + £19.20 fare (I see you indeed did have a standard class ticket)

My advice for next trip on Thameslink - use the rear 1st class area with a Standard Class ticket - tables, charging points and slightly better seats (ceiling mounted screen in that area usually says as it scrolls thru various messages that Std Class ticket holders can sit there)

 

[MichelleRWB]

The first thing to do is do not panic. This is a charge under Byelaw 18 and is not recordable on the PNC. It states you were issued a penalty fares notice giving you 21 days to either pay the amount requested or to appeal the notice and it appears you have not done so. This may well have been as you were travelling or some other reason but that is why they have issued a summons. It looks like SJP or single justice paperwork to me. My advice at this time is to contact the train company and ask if you can resolve the matter administratively. If not don't just ignore it and respond to the court.

Its not recordable as a Byelaw so you will not get a criminal record its a bit like a parking fine. Did you hold any ticket for your rail journey on that day? or was it just the standard class ticket?

I had a standard ticket and was in the first class carriage for a few stations while I charged an electronic item. the letter says this though:

Was this a Thameslink train? This is pretty bad luck because the rear portion of 1st class on Thameslink trains is open to use by Standard Class ticket holders, so if you at least had a standard class ticket - you could have gone in the rear 1st class area to charge your phone and that would have been totally legitimate!

Off topic but the reason the standard class areas on Thameslink have no charging points is that the UK government, when they specified the trains, specified them without passneger charging facilities / sockets throughout the train to save money - unbelievably poor!

Anyway - back on topic - if this is Govia Thameslink Railway (GTR) they are fairly pragmatic - and if you contact them urgently - may be prepared to settle the matter and withdraw court action process.

You need to write and explain the whole issue has only just come to your attention (which it has thanks to the unhelpful actions of your family member who must have opened the earlier correspondence, not understood the seriousness of it, and shoved it in a drawer...), but that you would not like to resolve the matter as quickly as possible without the need for it to be handled in court.

Adopt an apologetic but co-operative tone, making clear you are happy to pay sums owed*, and this might work. It will likely cost more than if you had resolved matters at the time but of course that chance has now gone by

You could post a draft of what you want to write to them up here for people to check if you think that would help.

keep copies of all the paperwork, send stuff signed for so you know it has got there, ensure relevant ref numbers on whatever you send etc

Hope this helps - others might post good advice so keep an eye on your thread here for eg next day or so

In all of this I am assuming that there is enough time before the court action for you to open this dialogue with GTR?

Then if they agree that and you can get confirmation in writing that the court action is withdrawn I assume there would be no need to notify your employer and that resolves that aspect for you.

Also - prev threads involving Thameslink where people have engaged lawyers have mentioned one or two forms who seem to have a sting relationship with them which means they can get settlements done quickly - but of course that comes at the cost of the solicitors fees. I suspect you don't need that help but if you do the firms names can be mentioned here if that would help / or if you wanted to get a quote - I have no connection with them nor have used them myself I should add

This thread is an example (far more serious problem than yours - https://www.railforums.co.uk/threads/fare-evasion-thameslink-gtr.255532/#post-6441151

*EDIT - hopefully no more than the sums mentioned in your uploaded docs ie £150 costs + £19.20 fare (I see you indeed did have a standard class ticket)

My advice for next trip on Thameslink - use the rear 1st class area with a Standard Class ticket - tables, charging points and slightly better seats (ceiling mounted screen in that area usually says as it scrolls thru various messages that Std Class ticket holders can sit there)

many thanks for your response. I was in the first class at the front, not the back, with a Standard Class ticket. I got this letter on December 5 (the one my son, who is a young adult, opened absently while I was travelling for work and put in the drawer) which says I could get a criminal record

 

[MichelleRWB]

how does this sound for a grovelling letter?

I would like to apply for an out of court settlement for the aforementioned fine. I’ve just been served.



I offer the following in mitigation:



At the time of the offence, I did not explain the reason for me being in the first-class carriage.



I had used the first class carriage earlier in my journey to access the power point to charge an electronic device.



I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough with yet another customer pleading extenuating circumstances.



I promptly forgot about the whole thing.



Regrettably, you did provide me with a reminder to my rightful address. Unfortunately after receiving the charge sheet yesterday, a family member sheepishly admitted they’d opened my mail while I was away travelling for work and produced the document from a pile of papers they’d forgotten to give me.



I’m happy to pay the fines required but can you please settle this and end the court action?



I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

 

[island]

They have charged you with having no ticket whatsoever under byelaw 18. A charge for first class with a standard ticket should be under byelaw 19. This may invalidate the case, though I will have to consider it further.

 

[gray1404]

It says the statement of facts that a penalty fare was issued on the day. You would have received paperwork therefore on the day advising of how to pay and how to appeal. Is this correct?

 

[furlong]

there may be some predatory practices out there

Firstly, as WesternLancer says, get in touch with GTR immediately and I'd be surprised if they don't let you pay the sums requested and withdraw the charge.

On the predatory practices, an unpaid Penalty Fare is a civil matter, so with the help of a solicitor you might have a chance of persuading the court that the prosecution should be thrown out as an 'abuse of process'. With the Post Office scandal in the news at the moment, there may be more awareness of and sympathy for this type of legal argument. (The basic argument is that once the decision has been made to resolve the matter by imposing a Penalty Fare on you, there's no provision for the train company to change its mind unless new evidence emerges that undermines the original decision.)

== Doublepost prevention - post automatically merged: 17 Jan 2024 ==

They have charged you with having no ticket whatsoever under byelaw 18. A charge for first class with a standard ticket should be under byelaw 19. This may invalidate the case, though I will have to consider it further.

The train carried standard class accommodation so by the train company's own evidence surely you were in possession of a valid ticket entitling you to travel when you entered the train.

And byelaw 18 applies at the point of boarding so if you boarded in standard class and moved to first class at the front afterwards in search of a power socket then it would be even clearer.

 

[MichelleRWB]

It says the statement of facts that a penalty fare was issued on the day. You would have received paperwork therefore on the day advising of how to pay and how to appeal. Is this correct?

Yes, I did. but I just stuffed it in my backpack -- I was running late for a meeting and just completely forgot about it. I don't even know where that letter ended up.

 

[WesternLancer]

Firstly, as WesternLancer says, get in touch with GTR immediately and I'd be surprised if they don't let you pay the sums requested and withdraw the charge.

On the predatory practices, an unpaid Penalty Fare is a civil matter, so with the help of a solicitor you might have a chance of persuading the court that the prosecution should be thrown out as an 'abuse of process'. With the Post Office scandal in the news at the moment, there may be more awareness of and sympathy for this type of legal argument. (The basic argument is that once the decision has been made to resolve the matter by imposing a Penalty Fare on you, there's no provision for the train company to change its mind unless new evidence emerges that undermines the original decision.)

== Doublepost prevention - post automatically merged: 17 Jan 2024 ==



The train carried standard class accommodation so by the train company's own evidence surely you were in possession of a valid ticket entitling you to travel when you entered the train.

And byelaw 18 applies at the point of boarding so if you boarded in standard class and moved to first class at the front afterwards in search of a power socket then it would be even clearer.

Sounds like good points - tho if the help of a solicitor is needed then that would no doubt cost more in solicitor's fees than the £150 costs and train fare mentioned in the GTR docs. However, if they don't wish to withdraw the charge - and the matter would adversely affect the @MichelleRWB 's employment - then this would be a possible avenue to go down I would have thought.

 

[Haywain]

Sounds like good points - tho if the help of a solicitor is needed then that would no doubt cost more in solicitor's fees than the £150 costs and train fare mentioned in the GTR docs. However, if they don't wish to withdraw the charge - and the matter would adversely affect the @MichelleRWB 's employment - then this would be a possible avenue to go down I would have thought.

Yes, the cheap approach to this situation is to urgently contact GTR and offer to pay the amounts listed. The expensive approach is to engage a solicitor and challenge the right to prosecute and the charge being used. At a guess the difference to the OP's pocket would be upwards of £500.

 

[island]

On the predatory practices, an unpaid Penalty Fare is a civil matter, so with the help of a solicitor you might have a chance of persuading the court that the prosecution should be thrown out as an 'abuse of process'. With the Post Office scandal in the news at the moment, there may be more awareness of and sympathy for this type of legal argument. (The basic argument is that once the decision has been made to resolve the matter by imposing a Penalty Fare on you, there's no provision for the train company to change its mind unless new evidence emerges that undermines the original decision.)

This argument is, I fear, hopeless. The legislation sets out clearly that a prosecution is barred once a PF is appealed and the appeal is determined (or 21 days pass after it is lodged). It is most unlikely indeed that, in the face of this very clear statement in the legislation, a court will infer that a Prosecution is barred without that happening.

To avoid confusing the OP further I would suggest you set up a new thread if you wish to have a debate on whether a prosecution can be taken after an unappealed PF, or your feelings on what the law should be, leaving this thread to cover what the law actually is.

 

[WesternLancer]

how does this sound for a grovelling letter?

I would like to apply for an out of court settlement for the aforementioned fine. I’ve just been served.



I offer the following in mitigation:



At the time of the offence, I did not explain the reason for me being in the first-class carriage.



I had used the first class carriage earlier in my journey to access the power point to charge an electronic device.



I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough with yet another customer pleading extenuating circumstances.



I promptly forgot about the whole thing.



Regrettably, you did provide me with a reminder to my rightful address. Unfortunately after receiving the charge sheet yesterday, a family member sheepishly admitted they’d opened my mail while I was away travelling for work and produced the document from a pile of papers they’d forgotten to give me.



I’m happy to pay the fines required but can you please settle this and end the court action?



I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

I think I could be a bit more basic and straightforward with your letter to them eg don't tell them about sheepish family members, or forgetting all about it as it gives the impression that you did not regard the matter as serious - simply say that you did not receive the previous correspondence as it was misplaced in your home whilst you were out of the UK (or some such)

Include an e-mail and phone number for them to contact you on as well as your full postal address
eg along these lines (but change to whatever you feel happy with of course):

--------------------------------------------------------------

Dear Sir / Madam

Ref Numbers of Case etc

I have just received court paperwork relating to this case as per reference numbers above

Unfortunately I had not received previous correspondence relating to this matter as it was misplaced in my home whilst I was out of the UK. I would thus like to apologise for the inconvenience this has caused, but am now writing to ask if you would be prepared to consider settling the matter without the need for court action.

The incident relates to an occasion when I sat in First Class for part of my journey in order to use a power point to charge my phone although I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough without yet another customer pleading extenuating circumstances.

I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

I note the paperwork details the costs you have incurred and the price of the replacement ticket. I would be happy to pay these sums promptly if you would permit me to do so, in the hope that this will settle the matter and avoid the need for it to be dealt with in court.

I look forward to hearing from you when you have a chance to consider this.

Yours faithfully


I would like to apply for an out of court settlement for the aforementioned fine. I’ve just been served.



I offer the following in mitigation:



At the time of the offence, I did not explain the reason for me being in the first-class carriage.



I had used the first class carriage earlier in my journey to access the power point to charge an electronic device.



I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough with yet another customer pleading extenuating circumstances.



I promptly forgot about the whole thing.



Regrettably, you did provide me with a reminder to my rightful address. Unfortunately after receiving the charge sheet yesterday, a family member sheepishly admitted they’d opened my mail while I was away travelling for work and produced the document from a pile of papers they’d forgotten to give me.



I’m happy to pay the fines required but can you please settle this and end the court action?



I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

 

[furlong]

This argument is, I fear, hopeless. The legislation sets out clearly that a prosecution is barred once a PF is appealed and the appeal is determined (or 21 days pass after it is lodged). It is most unlikely indeed that, in the face of this very clear statement in the legislation, a court will infer that a Prosecution is barred without that happening.

Why would it so infer? There's no inconsistency here. I think you may be reading too much into this. That regulation merely imposes an additional constraint, attempting to impose a cut off even in those situations (e.g. with new evidence) where there would otherwise be no abuse. It doesn't say anything about when a prosecution would be permitted (because that would exceed its permitted scope). I think the regulations make it very clear that an unpaid Penalty Fare can only be pursued through the civil courts and so I'd have thought that, to use your phrase, a court would "infer" that parliament did not intend or expect a situation such as this to turn into a criminal matter in the absence of some exceptional circumstances in which case the bar you refer to additionally applies.

As WesternLancer suggests, it's not necessary to go into so much detail - the key message is that you are now aware of the correspondence and wish to engage with them and attempt to settle.

 

[island]

Why would it so infer? There's no inconsistency here. I think you may be reading too much into this. That regulation merely imposes an additional constraint, attempting to impose a cut off even in those situations (e.g. with new evidence) where there would otherwise be no abuse. It doesn't say anything about when a prosecution would be permitted (because that would exceed its permitted scope). I think the regulations make it very clear that an unpaid Penalty Fare can only be pursued through the civil courts and so I'd have thought that, to use your phrase, a court would "infer" that parliament did not intend or expect a situation such as this to turn into a criminal matter in the absence of some exceptional circumstances in which case the bar you refer to additionally applies.

I’m afraid your argument has no basis in law.

 

[Enthusiast]

It looks like SJP or single justice paperwork to me.

What's been posted up looks like part of the expected accompaniments to an SJPN. But the "Single Justice Procedure Notice" itself appears to be missing. This is not surprising because the Statement of Facts mentions a "summons served herewith" (was it?) and that the statement will be read in open court under s12 of the Magistrates' Court Act. A single Justice hearing is not an open court and s12 is not the section relating to the SJ procedure. Even more puzzling is that GTL's charge sheet suggests that "...further costs may be incurred if the matter is not resolved by a Single Justice."

Unless there are other documents which we have not seen (perhaps a summons?), what he has gives him no opportunity to enter a plea, no opportunity to submit any mitigation and no opportunity to request a hearing in open court. The SJ procedure requires a written charge and an SJPN to be served on the defendant and the SJPN gives him the opportunity to inform the court of all of those things. Do all railway prosecutors operate like this? It's all very confusing.

I wonder why GTL uses the Royal Coat-of-Arms on its letter headings?

 

[Hadders]

Welcome to the forum!

A few observations and comments:

- The rear 1st class compartment on Thameslink trains is always declassified and can be used by Standard Class ticket holders. Sometimes the front compartment is also declassified (normally trains that are operating trains to/from Sutton and Rainham). Do you know exactly what train you travelled on?
- Travelling in 1st class without a 1st class ticket is an offence for which you can be issued with a Penalty Fare or be reported for prosecution. From what what you have posted it seems that you were issued with a Penalty Fare which would have cost £100 (or £50 if paid within 21 days) plus the outstanding fare. Was there a reason why you didn't simply pay this? If you had that would've been the end of the matter.
- GTR sent you a reminder letter that your son opened and 'filed' in a drawer
- The matter has now been escalated to court

GTR haven't really done anything wrong here and I agree with @WesternLancer that the best way of trying to resolve this will be to contact GTR prosecutions office urgently and explain what has happened, and ask if they will consider allowing you to pay an out of court settlement in return for them withdrawing the court case. A letter going astray happoens and I'm pretty condfident GTR would be sympathectic to that, but you will probably need to think about what you're going to say if they ask you why you didn't pay the original Penalty Fare.

There might be some technical legal reasons where the case can be defended but it's always possible that GTR will re-issue court papers with the technicality corrected.

If you cannot arrange for GTR to withdraw the case and you end up being convicted I would not expect a conviction for a minor railway ticketing matter to adversely affect career opportunities or job prospects. A conviction under the Railway Bylaws isn't normally recorded in the Police National Computer and ordinarily won't appear on most DBS checks. That said, we would always advise being honest if you asked if you have been convicted of an offence.

 

[WesternLancer]

Welcome to the forum!

A few observations and comments:

- The rear 1st class compartment on Thameslink trains is always declassified and can be used by Standard Class ticket holders. Sometimes the front compartment is also declassified (normally trains that are operating trains to/from Sutton and Rainham). Do you know exactly what train you travelled on?

Uploaded paperwork indicates they traveled from Redhill - so the front 1st class area would have needed 1st class ticket. OP confirmed they were in the front compartment.

I'm hoping the amends I suggested to the OP's draft letter to GTR as posted above will be of help - but of course improvements to it welcome.

 

[MichelleRWB]

Firstly, as WesternLancer says, get in touch with GTR immediately and I'd be surprised if they don't let you pay the sums requested and withdraw the charge.

On the predatory practices, an unpaid Penalty Fare is a civil matter, so with the help of a solicitor you might have a chance of persuading the court that the prosecution should be thrown out as an 'abuse of process'. With the Post Office scandal in the news at the moment, there may be more awareness of and sympathy for this type of legal argument. (The basic argument is that once the decision has been made to resolve the matter by imposing a Penalty Fare on you, there's no provision for the train company to change its mind unless new evidence emerges that undermines the original decision.)

== Doublepost prevention - post automatically merged: 17 Jan 2024 ==



The train carried standard class accommodation so by the train company's own evidence surely you were in possession of a valid ticket entitling you to travel when you entered the train.

And byelaw 18 applies at the point of boarding so if you boarded in standard class and moved to first class at the front afterwards in search of a power socket then it would be even clearer.

Was this the only correspondence the OP received? The Rail Company usually (but not are obliged to) write to the passenger several times before involving the Courts; especially over a relatively trivial episode that they (and you!) would prefer to settle (albeit at a price) out of court.

it was the only correspondence pulled out of the drawer. should there have been more?

 

[MichelleRWB]

I think I could be a bit more basic and straightforward with your letter to them eg don't tell them about sheepish family members, or forgetting all about it as it gives the impression that you did not regard the matter as serious - simply say that you did not receive the previous correspondence as it was misplaced in your home whilst you were out of the UK (or some such)

Include an e-mail and phone number for them to contact you on as well as your full postal address
eg along these lines (but change to whatever you feel happy with of course):

--------------------------------------------------------------

Dear Sir / Madam

Ref Numbers of Case etc

I have just received court paperwork relating to this case as per reference numbers above

Unfortunately I had not received previous correspondence relating to this matter as it was misplaced in my home whilst I was out of the UK. I would thus like to apologise for the inconvenience this has caused, but am now writing to ask if you would be prepared to consider settling the matter without the need for court action.

The incident relates to an occasion when I sat in First Class for part of my journey in order to use a power point to charge my phone although I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough without yet another customer pleading extenuating circumstances.

I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

I note the paperwork details the costs you have incurred and the price of the replacement ticket. I would be happy to pay these sums promptly if you would permit me to do so, in the hope that this will settle the matter and avoid the need for it to be dealt with in court.

I look forward to hearing from you when you have a chance to consider this.

Yours faithfully


I would like to apply for an out of court settlement for the aforementioned fine. I’ve just been served.



I offer the following in mitigation:



At the time of the offence, I did not explain the reason for me being in the first-class carriage.



I had used the first class carriage earlier in my journey to access the power point to charge an electronic device.



I didn’t have the right ticket. I fully cooperated with the inspector, who got off with me at Farringdon and provided my name and address. I didn’t tell him why, nor argue about the circumstances, as I assumed that as I was in the carriage, I was in the carriage, and his life was probably difficult enough with yet another customer pleading extenuating circumstances.



I promptly forgot about the whole thing.



Regrettably, you did provide me with a reminder to my rightful address. Unfortunately after receiving the charge sheet yesterday, a family member sheepishly admitted they’d opened my mail while I was away travelling for work and produced the document from a pile of papers they’d forgotten to give me.



I’m happy to pay the fines required but can you please settle this and end the court action?



I’ve been as honest as possible and don’t dispute I was in the carriage but I hope that the circumstances can be considered and court action withdrawn.

many thanks!

 

[Enthusiast]

GTR haven't really done anything wrong here...

Apart from possibly laying a prosecution before the court under the Single Justice Procedure without having served a Single Justice Procedure Notice on the accused.

 

[MichelleRWB]

Apart from possibly laying a prosecution before the court under the Single Justice Procedure without having served a Single Justice Procedure Notice on the accused.

what's a single justice procedure notice? and at what point in the process would I have possibly received it? I don't argue that Thameslink has done anything wrong. (though I am surprised at the aggressive tactics). I just need to make it go away. it was my own fault (technically that the letter was misplaced as they did send it. (I've posed a redacted version here in the thread somewhere)

 

[Haywain]

what's a single justice procedure notice?

It's a document that should have accompanied those you posted in post #3. You say those documents are what you received - was there definitely nothing else in the envelope?

 

[MichelleRWB]

It's a document that should have accompanied those you posted in post #3. You say those documents are what you received - was there definitely nothing else in the envelope?

I got the documents from the inspector and then got the court document this week. I'm now aware of a December 5 letter that was put in the kitchen drawer. I spent most of the last three months of the year out of the country so can't say for sure whether there was anything else received. If I asked family members something might be produced but in general I have most of my post sent online these days so don't really track it

 

[gray1404]

It's a document that should have accompanied those you posted in post #3. You say those documents are what you received - was there definitely nothing else in the envelope?

You really need to answer this.