Court Summons Northern Rail

[jack119]

Hi this is my first post and I am looking for some advice.

I was stupid enough to try and short fare and therefore pay a cheaper fare.

When the initial letter came through my door after I was stopped I filled in my story and said I was keen to have an out of court settlement.

8 months down the line and I have just received a court summons saying I have not responded to their fixed penalty letter.

I am certain I did not receive this.

I have been given a court date and a further document inside states with a title settlement offer.

This settlement offer states if I pay £100 and the cost of the fare the case will be settled without the need to proceed to court.

If I ring tomorrow does this mean I can pay the settlement and not go to my court summons and not receive a criminal conviction?

Thanks for any advice

 

[yorkie]

This settlement offer states if I pay £100 and the cost of the fare the case will be settled without the need to proceed to court.

If I ring tomorrow does this mean I can pay the settlement and not go to my court summons and not receive a criminal conviction?

Indeed. I'd contact them as soon as possible.

 

[DaveNewcastle]

This settlement offer states if I pay £100 and the cost of the fare the case will be settled without the need to proceed to court.

If I ring tomorrow does this mean I can pay the settlement and not go to my court summons and not receive a criminal conviction?

If I am reading this correctly, and there is nothing else of importance missing, then I agree with yorkie. Yes, you can pay the settlelment figure and the case will not proceed.

However, as a Summons has been issued, the case will be listed for a hearing in front of the magistrates on that date. As Courts are falible, and little things do go wrong, it remains possible that the matter will be presented along with all the others listed on that date, so I would make a point of ensuring that the Prosecutor will not be presenting any evidence. In serious matters, an accused person who makes a settlement after the Summons has been issued will actually turn up in Court on the date of the hearing just to be sure. I've seen a matter brought forward to the Magistrates which was supposed to have been dropped, and I know that wasn't a one-off!

 

[island]

It is worth mentioning for the sake of completeness that summary offences, in normal circumstances, need to have the prosecution commenced by the laying of information before magistrates within six months of the incident (s 127 Magistrates' Courts Act 1980). It can take a while from the laying of information before a summons is issued, but it is worth checking the summons which ought to say when the information was laid, as it just might be a get-out clause.

 

[34D]

If I am reading this correctly, and there is nothing else of importance missing, then I agree with yorkie. Yes, you can pay the settlelment figure and the case will not proceed.

Really? The way I read it is that the summons contains a bundle of evidence with it, and that there is a copy of an earlier letter in that bundle.
--- old post above --- --- new post below ---

It is worth mentioning for the sake of completeness that summary offences, in normal circumstances, need to have the prosecution commenced by the laying of information before magistrates within six months of the incident (s 127 Magistrates' Courts Act 1980). It can take a while from the laying of information before a summons is issued, but it is worth checking the summons which ought to say when the information was laid, as it just might be a get-out clause.

This is good advice. OP, please phone the court tomorrow

 

[jack119]

Hi guys,

Cheers for all your help.

I rang up yesterday and the case has been dropped and I have paid my fine of £100. The northern rail dispute team said they will take the case away from court.

So all things are well and good now and I have most certainly learned my lesson.

Thanks for all your help!

 

[DaveNewcastle]

Really?

Really.

 

[34D]

Really.

Fair enough then. I bow to your superior knowledge. You are really someone I would love to meet for a drink sometime. I'll buy

 

[island]

Hi guys,

Cheers for all your help.

I rang up yesterday and the case has been dropped and I have paid my fine of £100. The northern rail dispute team said they will take the case away from court.

So all things are well and good now and I have most certainly learned my lesson.

Thanks for all your help!

That's good news. Make sure you get it in writing!