Help with Single Justice Procedure

[Jk3sd]

Hello
I’m a uni
student who has received a single justice procedure for not buying a ticket. I missed all the previous letters as they went to my old accommodation and only received this one by luck.
I would like to know how to contact Southeastern so I can arrange a private settlement. I would rather this than a court case. I understand my mistake and understand it is late now but any help would be appreciated.

 

[spag23]

Welcome to the forum.
The members will need to know more details about this, especially a timeline of the events and the dates of (and on) the correspondence.
Needless to say, having moved without setting up reliable mail forwarding has put you in an awkward position. Did the inspector not tell you to expect a letter?
(We're assuming here that you were actually involved in the original incident)

 

[FuzzyDuck]

If the process has moved to the SJPN timeframe it usually too late to be getting a settlement with the TOC.

 

[island]

If the process has moved to the SJPN timeframe it usually too late to be getting a settlement with the TOC.

Not so. A settlement can be obtained right up until the court date.

To the OP, do you have access to any of the communications from Southeastern? Presumably this started by being reported for a ticket irregularity, were you issued with any paperwork at the time?

 

[Wethebest838]

If the process has moved to the SJPN timeframe it usually too late to be getting a settlement with the TOC.

It can also be obtained on the day if you ask the TOC prosecutor

 

[FuzzyDuck]

Fair enough, my experience was mostly from the motoring side of things. However too be able to attempt to get a "deal" from the TOC prosecutor, does that mean the SJPN has to proceed to an actual court date?

 

[Jk3sd]

Not so. A settlement can be obtained right up until the court date.

To the OP, do you have access to any of the communications from Southeastern? Presumably this started by being reported for a ticket irregularity, were you issued with any paperwork at the time?

I moved out of that address so didn’t receive these letters. I somehow got this one as I went there to pick up some items.

== Doublepost prevention - post automatically merged: 14 Nov 2022 ==

I received a ticket but honestly, forget about it and after not hearing about it for months thought nothing off it. Only two days ago, did I receive the SJPN. It says I have 21 days to respond so it should be 19 days now. I would just like to know if there is a specific address I contact or if I should just send my letter to the general Southeastern customer service address.

 

[Haywain]

I believe that on the first instance you should enter a not guilty plea to the SJPN as this should mean a full hearing needs to be arranged. This gives more time to get in touch with the train operator to seek a settlement. You will need to get in touch with the prosecutions team at Southeastern, so perhaps give the general number a call and see if they can put you in touch (I take it you haven't got any of the 3 letters you mention, yet you know there were 3?).

 

[Hadders]

Welcome to the forum!

You're in a bit of a tricky situation here and initially speed is going to be of the essence. I agree with @Haywain that you should plead Not Guilty. This is because if you plead Guilty then you will be sentenced as such by the court. This must be done urgently to make sure it arrives before the deadline. You might want to consider posting the letter back using Royal Mail Special Delivery to guarantee it arrives in time. Normal post isn't very reliable at the moment. IIRC this costs £6.85.

Once this has been done you then need to contact the Prosecutions Department at Southeastern to see if they will withdraw the court case and offer an out of court settlement. Prosecution Department email addresses and telephone numbers aren't generally available so you are going to have to persist. It would be helpful if you could get hold of one of the other letters Southeastern will have sent you as this will have the case reference number and a postal address on it. Do not delay in dealing with this.

When you said you received a ticket can you elaborate on exactly what happened. This will help us to guage whether or not an out of court settlement is likely to be offered. I do have to wonder why you thought this would go away if you forgot about it....

 

[Gloster]

I moved out of that address so didn’t receive these letters. I somehow got this one as I went there to pick up some items.

== Doublepost prevention - post automatically merged: 14 Nov 2022 ==

I received a ticket but honestly, forget about it and after not hearing about it for months thought nothing off it. Only two days ago, did I receive the SJPN. It says I have 21 days to respond so it should be 19 days now. I would just like to know if there is a specific address I contact or if I should just send my letter to the general Southeastern customer service address.

Do you mean that this letter only arrived at the address two days ago or do you mean that the letter had arrived at the address earlier, but you only collected it two days ago? If the latter, is there a date on the letter or any other indication when it was sent?

EDITED to add the section in italics for clarity.

 

[some bloke]

Pleading guilty results in a hearing if the defendant chooses court.

Single justice procedure notices

Find out about single justice procedure notices and how you should respond.

www.gov.uk

Depending on the circumstances, pleading not guilty could result in the company being reluctant to offer a settlement, if it is seen as a poor sign of future compliance with the law.

You might obtain a settlement in time to avoid the need to enter a plea.

Be careful to count the 21 days according to the exact words of the letter. Does it say you have to respond within 21 days of the date on the letter?

== Doublepost prevention - post automatically merged: 14 Nov 2022 ==

If/when you respond to the notice, you could email the court, after you expect your response to arrive, to ask for confirmation that they have it.

Where the company has only prosecuted after someone failed to respond to demands for a penalty fare, they may never have been keen to prosecute in the first place, and may respond favourably to a request for a settlement.

Often people improve on their letters to train companies requesting settlements by posting on here the details of the case and the correspondence (with identifying details including reference numbers removed) and getting advice. The same could apply if you phone the company.

 

[Haywain]

Pleading guilty results in a hearing if the defendant chooses court.

Pleading guilty to a SJPN results in the case being decided without the defendant attending and on the date specified. It is highly unlikely that a not guilty plea would have any impact on the OP’s ability to reach a settlement. What’s more, a plea can be changed later if the case does go to court.

 

[Enthusiast]

Pleading guilty to a SJPN results in the case being decided without the defendant attending and on the date specified.

There is a third option (other than guilty/not guilty) when responding to an SJPN. The defendant can plead guilty but ask for a personal hearing in the normal Magistrates' Court. At that hearing a TOC prosecutor will be in attendance where negotiations over an out-of-court settlement can be conducted. In the OP's circumstances this would be the best option. In the event that a settlement is not reached he will receive full credit for an early guilty plea. That credit is liable to see a reduction if he pleads not guilty simply to secure a personal hearing, even if he changes his plea at that hearing.

 

[some bloke]

If someone is clearly guilty, then pleading not guilty and asking the train company for a settlement may produce confusion and create a less favourable impression.

Just to be sure - the 21 days has not already expired? If it has but the case hasn't yet gone before the single justice, perhaps the company might still agree a settlement and withdraw the case before a single justice deals with it.

 

[Hadders]

There is a third option (other than guilty/not guilty) when responding to an SJPN. The defendant can plead guilty but ask for a personal hearing in the normal Magistrates' Court. At that hearing a TOC prosecutor will be in attendance where negotiations over an out-of-court settlement can be conducted. In the OP's circumstances this would be the best option. In the event that a settlement is not reached he will receive full credit for an early guilty plea. That credit is liable to see a reduction if he pleads not guilty simply to secure a personal hearing, even if he changes his plea at that hearing.

I don't agree that this is the best approach. Seeking out the prosecutor and attempting to come to a settlement 'at the doors of the court' has been successful but it is a very risky strategy, and should only be considered once all other options have been exhausted. I would contact the Prosecutions Department at Southeastern first.

 

[Puffing Devil]

I don't agree that this is the best approach. Seeking out the prosecutor and attempting to come to a settlement 'at the doors of the court' has been successful but it is a very risky strategy, and should only be considered once all other options have been exhausted. I would contact the Prosecutions Department at Southeastern first.

I believe the intent of this approach is to buy time and secure the discount for an early guilty plea if it does continue to court, certainly better than a Not Guilty, which will lead to a hearing to set a trial or a Guilty which will be rubber-stamped through the SJPN.

It is perhaps the best course of action now - opt for a full court hearing with a guilty plea whilst negotiating with the TOC and continue until the case is heard, with a final discussion with the prosecutor on the day as a last-ditch attempt to avoid a conviction.

 

[pedr]

I think that a person whose aim is to avoid being convicted of a criminal offence should engage a professional to provide advice before returning a single justice procedure notice declaring that they are pleading guilty.

There is a right for someone pleading guilty to appear before a court before sentencing, to argue about the appropriate sentence, but can that hearing result in the vacation of the guilty plea entered by post? I would be surprised if it could, at least unless it was clear that no offence had been committed, which doesn’t appear to be the case here.

 

[Puffing Devil]

Anyone whose aim is to avoid being convicted of a criminal offence should, where possible, avoid committing a criminal offence.

The OP does not deny that they committed the offence and stated that they would prefer to reach a settlement.

A guilty plea by post is just that and the court will progress to sentence unless it feels that the presence of the offender is required as part of the sentencing process, or that the court is unable to accept the guilty plea as presented. (See Equivocal Plea).

An indication that a guilty plea will be made in court is just that and a plea will be taken with the defendant in front of the court. The court will then proceed to sentence, allowing for mitigation.

If no offence has been committed, the defendant should plead not guilty and run to trial, or seek to have the charges dropped prior to the trial.

 

[Jk3sd]

Update:
I sent a letter to the Prosecution Department, who’s adress was on the SJP letter, apologising and asking for a settlement this weekend.
They got back to me today offering me a settlement on the basis that it was a first time offence.
Thank you for the help

 

[30907]

Update:
I sent a letter to the Prosecution Department, who’s adress was on the SJP letter, apologising and asking for a settlement this weekend.
They got back to me today offering me a settlement on the basis that it was a first time offence.
Thank you for the help

Excellent news.
It underlines the fact that most TOCs will settle, particularly if you have not come to their attention before.

 

[pfanta]

Update:
I sent a letter to the Prosecution Department, who’s adress was on the SJP letter, apologising and asking for a settlement this weekend.
They got back to me today offering me a settlement on the basis that it was a first time offence.
Thank you for the help

Hi there, I'm going through the same situation as yourself. I've received a SJP letter in the post and I'm also looking to contact the prosecutions team to try to reach a settlemnt out of court. Just looking for advice on how you went about this, and how you worded or framed your letter. and advice would be very much appreciated, also where did you find the info for the prosecution department, and would an email suffice?? or handwritten?

Thanks

 

[WesternLancer]

Hi there, I'm going through the same situation as yourself. I've received a SJP letter in the post and I'm also looking to contact the prosecutions team to try to reach a settlemnt out of court. Just looking for advice on how you went about this, and how you worded or framed your letter. and advice would be very much appreciated, also where did you find the info for the prosecution department, and would an email suffice?? or handwritten?

Thanks

Hi - you may be better (also) setting up a new thread then you will get advice that is tailored to your circs etc

 

[swt_passenger]

Hi - you may be better (also) setting up a new thread then you will get advice that is tailored to your circs etc

@pfanta already has his own thread running, unfortunately with exactly the same title as this one.