Intended Prosecution Response

[Joe1215]

Hi
I received a letter for an intended prosecution after purchasing a ticket immediately after departure. I have sent my mitigation appeal as requested by Chiltern railways but it’s 4 months and some weeks I haven’t heard back from them. I just moved home and I have sent them a mail updating my address but I still haven’t heard back.

 

[Titfield]

Have you checked with the new occupants of the old home that mail hasn’t been received?
Normally it is the initial letter asking about an incident that takes some time to arrive - responses to your reply are usually much quicker.
If you want peace of mind I would send a follow up letter asking for an update. However the alternative view is not to poke the bear and just sit it out. The TOC has 6 months from the date of the incident to place papers before the court so there is some time yet before that threat has gone.

 

[Joe1215]

Have you checked with the new occupants of the old home that mail hasn’t been received?
Normally it is the initial letter asking about an incident that takes some time to arrive - responses to your reply are usually much quicker.
If you want peace of mind I would send a follow up letter asking for an update. However the alternative view is not to poke the bear and just sit it out. The TOC has 6 months from the date of the incident to place papers before the court so there is some time yet before that threat has gone.

Yes I do call my old house every weekend to check if I have any mail. However, I sent them several emails two months after the appeal for an update but no response. And I have only been out of the old house for a month. I’m not even sure if their response should come by email or post, it’s just keeping me unrest.

== Doublepost prevention - post automatically merged: 17 Aug 2025 ==

If I had missed their mail I feel they would have taken me to court after a specified period of time. But it’s 4 months and weeks without a response. Has there been any scenario where after proper investigation they pardon the individual without pressing for charges or responding to the mitigation appeal?

 

[Titfield]

I think they will always write with a decision whether that is court proceedings, out of court settlement or no further action. I suspect one of two scenarios: it is still in the to do pile possibly because they are investigating your travel history or the file has got lost / marked as closed without having been completed.

Irrespective of this it leaves you in the same boat: sit it out and try and relax or poke the bear.

If you do get taken to court without your knowledge it can be undone but it is a faff to say the very least.

As you have chased already I would say wait.

 

[Joe1215]

I think they will always write with a decision whether that is court proceedings, out of court settlement or no further action. I suspect one of two scenarios: it is still in the to do pile possibly because they are investigating your travel history or the file has got lost / marked as closed without having been completed.

Irrespective of this it leaves you in the same boat: sit it out and try and relax or poke the bear.

If you do get taken to court without your knowledge it can be undone but it is a faff to say the very least.

As you have chased already I would say wait.

Thanks I will wait. I have sent several emails after my first appeal including updating my address. I will wait

== Doublepost prevention - post automatically merged: 17 Aug 2025 ==

I think they will always write with a decision whether that is court proceedings, out of court settlement or no further action. I suspect one of two scenarios: it is still in the to do pile possibly because they are investigating your travel history or the file has got lost / marked as closed without having been completed.

Irrespective of this it leaves you in the same boat: sit it out and try and relax or poke the bear.

If you do get taken to court without your knowledge it can be undone but it is a faff to say the very least.

As you have chased already I would say wait.

I just noticed the 6 months court window has elapsed on 3rd August.
The incident happened on 3rd of February 2025 and the mail was dated 28th of march 2025, then mitigation appeal was sent on 07/04/2025.

 

[Titfield]

Thanks I will wait. I have sent several emails after my first appeal including updating my address. I will wait

== Doublepost prevention - post automatically merged: 17 Aug 2025 ==


I just noticed the 6 months court window has elapsed on 3rd August.
The incident happened on 3rd of February 2025 and the mail was dated 28th of march 2025, then mitigation appeal was sent on 07/04/2025.

You have to allow slightly more than 6 months because of the time taken for the court to process the papers. I think a week to ten days and you should be clear.

 

[Joe1215]

You have to allow slightly more than 6 months because of the time taken for the court to process the papers. I think a week to ten days and you should be clear.

But they could’ve sent me a mail on their decision if they are taking me to court and for me to expect a court summon or any other notice? My head thinking though

 

[WesternLancer]

Do you know if they received your original letter of response (your mitigation appeal)?
For example did you send that by tracked post or e mail?

 

[Joe1215]

Do you know if they received your original letter of response (your mitigation appeal)?
For example did you send that by tracked post or e mail?

It was sent according to their instruction which was by email and I followed that with several other emails with reference to the first one.

 

[WesternLancer]

It was sent according to their instruction which was by email and I followed that with several other emails with reference to the first one.

Thanks. It does seem unlikely that this has been lost especially given you have sent follow up emails.

 

[Joe1215]

Thanks. It does seem unlikely that this has been lost especially given you have sent follow up emails.

I have been advised to call the nearest magistrate court near me tomorrow to confirm if there has been any summon in my name and if there’s none then the case has been closed. I gave them every evidence that it wasn’t intentional to buy the tickets after departure.

 

[WesternLancer]

I have been advised to call the nearest magistrate court near me tomorrow to confirm if there has been any summon in my name and if there’s none then the case has been closed. I gave them every evidence that it wasn’t intentional to buy the tickets after departure.

If you had been taken to court by the railway court papers would have been sent out hard copy aiui. Not by email.

There can be no harm in checking with magistrates courts. I don’t know enough to know if any court you contact would have information across all courts but they may do.

 

[Joe1215]

Thanks

 

[Titfield]

I have been advised to call the nearest magistrate court near me tomorrow to confirm if there has been any summon in my name and if there’s none then the case has been closed. I gave them every evidence that it wasn’t intentional to buy the tickets after departure.

Court papers are sent by post and given you have checked your former address it seems unlikely they have been issued and not received by you.

Worth quick call to the local magistrates court to see if there is anything in the system.

 

[Joe1215]

Court papers are sent by post and given you have checked your former address it seems unlikely they have been issued and not received by you.

Worth quick call to the local magistrates court to see if there is anything in the system.

Yeah
Thanks

 

[WesternLancer]

Yeah
Thanks

Worth bearing in mind that it’s rare for cases to be responded to by the passenger as requested but then escalate to court without you hearing back or being told that was the next step by the railway company let alone not getting court papers etc.

However you are right to take a diligent approach to this as you are doing as things can slip through the net occasionally from what we see here.

Being taken to court without knowing can be resolved (cases of it on the forum from time to time) but it’s a lot of hassle that it’s well worth avoiding from what I’ve seen.

I assume you’ve checked spam plus any other e mail accounts you may have.

Have you got a Royal Mail postal redirect in place? Might be worth considering that.

I’m sure people here will give you advice on any aspect of this going forward to try to help you get the best outcome possible.

 

[Joe1215]

Worth bearing in mind that it’s rare for cases to be responded to by the passenger as requested but then escalate to court without you hearing back or being told that was the next step by the railway company let alone not getting court papers etc.

However you are right to take a diligent approach to this as you are doing as things can slip through the net occasionally from what we see here.

Being taken to court without knowing can be resolved (cases of it on the forum from time to time) but it’s a lot of hassle that it’s well worth avoiding from what I’ve seen.

I assume you’ve checked spam plus any other e mail accounts you may have.

Have you got a Royal Mail postal redirect in place? Might be worth considering that.

I’m sure people here will give you advice on any aspect of this going forward to try to help you get the best outcome possible.

No I haven’t received any emails or post from them. And we’ve a mail box that is very much accessible

 

[WesternLancer]

No I haven’t received any emails or post from them. And we’ve a mail box that is very much accessible

Sounds like are you doing all you can.