SJPN Compensation offered

[Gonzoiku]

A poster on Reddit claims to have been offered £300 compensation for an incorrect SJPN conviction. But OP has paid £3000 to debt collectors! Not clear if it is Northern or Merseyrail, but description of the circumstances is "there was no one at the desk in my local station and ticket machines were also out of order"

https://www.reddit.com/r/LegalAdviceUK/s/KSVX3ZFdqT

https://www.reddit.com/r/AskUK/s/bvS8wI2RNv

GZ

 

[pedr]

The OP there doesn’t seem to say what they’ve been offered, just what an acquaintance says they’ve been offered in similar (maybe) circumstances.

It does seem that the OP had a particularly difficult case, where more than one thing went wrong. From their posts it could be both the wrongful use of the SJP and prosecution following an appeal (which I’m still convinced is wrongful, despite the Chief Magistrate’s ruling, which I think was made without the benefit of anyone skilfully putting the case for the plain meaning of the Regulations). It doesn’t seem that the poster there discovered statutory declarations either, which isn’t a huge surprise since some courts don’t appear to draw those to the attention of people who are confused by discovering they have a fine to pay.

 

[KirkstallOne]

Interesting, I’ve given them a nudge on reddit encouraging them to post here.

 

[Hadders]

This could be an interesting case.

I suspect the person was convicted and had a fine of £300 imposed. They perhaps didn't pay the fine resulting in baliffs and additional costs which ended up costing them £3000.
The person has now had their case annulled which means the fine will be repaid.

I suspect the question is - should they get the £3,000 back. If so, how do they recover this? And who ultimately pays it.

 

[island]

If a magistrates' court case is annulled after conviction, such as via a s16E statutory declaration or s142 reopening, after payments have been made towards fines etc., what should happen is that all sums paid are refunded by HMCTS.

Two issues here. One being that "should", and the second is that it is far from clear what legal mechanism has been used to annul the convictions arising where SJP was used for s5 (1) RRA matters brought by a TOC.

 

[ainsworth74]

They perhaps didn't pay the fine resulting in baliffs and additional costs which ended up costing them £3000.

Even then that's a hell of an escalation in fees! Once upon a time the bailiff industry was the wild west (and it's not exactly great now, so many dubious characters who like to intimidate and insinuate they have powers they don't) but now the fees structure is very fixed:

Bailiffs’ costs​

Magistrates’ court bailiffs can charge you the following fees if they take the type of action described.

• £75 for being instructed by the creditor, carrying out initial checks, investigations and receiving payments.
• £235 to cover visiting and entering premises and taking control of your goods.
• £110 to cover removing your goods, valuing them and arranging for them to be sold.
• The cost of storing goods which the bailiff has removed.
• The cost of hiring a locksmith, if one is needed.

If your debt is over £1,500 or if your goods are sold at auction, further fees can be charged. Contact us for advice.

The bailiffs should give you information about how much you owe before and after they visit you. If you think they have charged you too much, contact us for advice. You may be able to challenge the fees through the County Court.

Any money you pay to the bailiffs may come off their costs first before going towards the fine. However, when a fine is returned to the court the bailiffs costs may not be enforced by the court.

Magistrates Court Fines: How to Pay or Get Help | National Debtline

Struggling with a magistrates court fine? Find out how to pay, what happens if you can’t, and how enforcement, bailiffs or prison could apply.

nationaldebtline.org

To get up to £3,000 for the sake of a £300 Magistrates court fine wouldn't be impossible I'm sure but it would be really unusual I reckon.