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SJPN due tomorrow-help

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TAE

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I have received a SJPN due to be sent back tomorrow.
on the 3rd of April, I was in so much hurry to get to where I was going and did not want to queue at the ticket machine to get a paper ticket as the station I was going to required me to get one. (Bedford-Deptford). so I made an unreasonable decision to short-fare by buying the ticket halfway, while doing this, I accidentally picked a further date for the return ticket instead of the same day. I did not notice this, until the ticket inspector pointed it out on my return journey. (so I purchased Bedford to London st pancras, outward was on the 3rd while return was on the 7th). I panicked when the inspector asked me where i was coming from after she pointed out that my ticket had a future date. I have been on the lookout for the intention to prosecute letter since it happened as she told me i would receive one.
However, a SJPN was posted on the 12th of September, I did not get this until last week Friday as I had surgery on the 13th September and have I been in and out of the hospital/family home since then due to post-op complications.
I sent a tracked letter to Thameslink immediately i got this, to plead to settle out of court, I also sent an email and have called twice but was told they could not discuss the matter with me over the phone.
I am worried this would affect my DBS if i plead guilty and I am also worried about going on a trial if I plead not guilty.
 
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John R

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Can you please post copies of the SJPN and your reply, so posters here can give you the best advice. Obscure any personal information as you don't want the whole internet to know you are being prosecuted.

Was the SJPN the first correspondence you have had? Usually you would have got a letter asking for your side of the story, which would be your opportunity to apologise and ask for an out of court settlement, which GTR almost always gives in the absence of any aggravating factors.
 

TAE

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I have received a SJPN due to be sent back tomorrow.
on the 3rd of April, I was in so much hurry to get to where I was going and did not want to queue at the ticket machine to get a paper ticket as the station I was going to required me to get one. (Bedford-Deptford). so I made an unreasonable decision to short-fare by buying the ticket halfway, while doing this, I accidentally picked a further date for the return ticket instead of the same day. I did not notice this, until the ticket inspector pointed it out on my return journey. (so I purchased Bedford to London st pancras, outward was on the 3rd while return was on the 7th). I panicked when the inspector asked me where i was coming from after she pointed out that my ticket had a future date. I have been on the lookout for the intention to prosecute letter since it happened as she told me i would receive one.
However, a SJPN was posted on the 12th of September, I did not get this until last week Friday as I had surgery on the 13th September and have I been in and out of the hospital/family home since then due to post-op complications.
I sent a tracked letter to Thameslink immediately i got this, to plead to settle out of court, I also sent an email and have called twice but was told they could not discuss the matter with me over the phone.
I am worried this would affect my DBS if i plead guilty and I am also worried about going on a trial if I plead not guilty.
apologies, the ticket purchased was return bedford to st albans. i have attached the Sjpn and my mail/letter to themIMG_4432.jpgIMG_4431.jpgIMG_4430.jpgIMG_4429.jpgIMG_4428.jpg

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Can you please post copies of the SJPN and your reply, so posters here can give you the best advice. Obscure any personal information as you don't want the whole internet to know you are being prosecuted.

Was the SJPN the first correspondence you have had? Usually you would have got a letter asking for your side of the story, which would be your opportunity to apologise and ask for an out of court settlement, which GTR almost always gives in the absence of any aggravating factors.
yes, the SJPN is the first correspondence I have received.
i have posted the attachments
 

John R

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OK, thanks. Well the letter doesn't seem too bad, except for the bit where you say there wasn't an intention not to pay the correct fare, but you have admitted to us that you short fared.
 

TAE

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OK, thanks. Well the letter doesn't seem too bad, except for the bit where you say there wasn't an intention not to pay the correct fare, but you have admitted to us that you short fared.
i have just learnt what that meant after researching online this evening, and i had sent the letter immediately i saw the SJPN on Friday without thinking, like i said i was in so much hurry due to a medical emergency that i even picked a wrong date. i know what i did was wrong and do not want to make excuses for this because it is still wrong no matter what. I just need advise on what to do going forward.

== Doublepost prevention - post automatically merged: ==

i have just learnt what that meant after researching online this evening, and i had sent the letter immediately i saw the SJPN on Friday without thinking, like i said i was in so much hurry due to a medical emergency that i even picked a wrong date. i know what i did was wrong and do not want to make excuses for this because it is still wrong no matter what. I just need advise on what to do going forward as the SJPN is due tomorrow.
 

WesternLancer

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i have just learnt what that meant after researching online this evening, and i had sent the letter immediately i saw the SJPN on Friday without thinking, like i said i was in so much hurry due to a medical emergency that i even picked a wrong date. i know what i did was wrong and do not want to make excuses for this because it is still wrong no matter what. I just need advise on what to do going forward.

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Well you have to plead something unless the case is withdrawn and the probability of that happening by or on tomorrow seems unlikely given what you say.

It is often said on here that you could plead not guilty on the SJPN which will result in a date for a court hearing sometime in future. That buys you more time to try hard to obtain an out of court settlement which if achieved would result in court action being dropped. A settlement is usually achievable from what we see on this forum even at a late stage.

If that didn’t work you could change your plea to guilty later if it felt appropriate to do so.

But don’t miss the deadline to return the SJPN papers (tho you might get a day or so leeway in practice)

If you plead guilty now there won’t be any prospect of a settlement out of court as the court will record your guilty plea aiui and you will have a fine (the punishment set by the court) along with a criminal record. But given it’s SJPN i don’t think you would have to attend court if you plead guilty - tho check carefully what it says on your paperwork. I can’t clearly read your uploads on my device at the moment so have not checked them.
 
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TAE

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Well you have to plead something unless the case is withdrawn and the probability of that happening by or on tomorrow seems unlikely given what you say.

It is often said on here that you could plead not guilty on the SJPN which will result in a date for a court hearing sometime in future. That buys you more time to try hard to obtain an out of court settlement which if achieved would result in court action being dropped. A settlement is usually achievable from what we see on this forum even at a late stage.

If that didn’t work you could change your plea to guilty later if it felt appropriate to do so.

But don’t miss the deadline to return the SJPN papers (tho you might get a day or so leeway in practice)

If you plead guilty now there won’t be any prospect of a settlement out of court as the court will record your guilty plea aiui and you will have a fine (the punishment set by the court) along with a criminal record. But given it’s SJPN i don’t think you would have to attend court if you plead guilty - tho check carefully what it says on your paperwork. I can’t clearly read your uploads on my device at the moment so have not checked them.
Thank you. Is it too early to assume Thameslink do not want to settle out of court? My letter was delivered on Monday but I have not received any response from them. I am worried that since i did not receive the initial “intention to prosecute” letter, i might miss another response from them.
 

WesternLancer

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Thank you. Is it too early to assume Thameslink do not want to settle out of court? My letter was delivered on Monday but I have not received any response from them. I am worried that since i did not receive the initial “intention to prosecute” letter, i might miss another response from them.
It seems unlikely to me as they are often prepared to settle. How much short faring have you done?

Did you send your letter guaranteed next day delivery?

Did you send it to the correct prosecutions unit address at King’s Cross station?

Do you have issues receiving your post? (Post yourself a letter to test that)

I suspect it’s just in their system and no one has noticed the urgency from your point of view.

Did you include your e mail address in case they may reply that way?

You could try e mailing them, it’s not their usual method but we do see them occasionally picking up urgent cases that way. You’d have to include a short line that you were e mailing what had been sent due to the court deadline being imminent

There’s a GTRprosecutions@ e mail address you can find on the forum

== Doublepost prevention - post automatically merged: ==

I think it’s this
email: gtr.prosecutions@gtrailway.com
 
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TAE

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It seems unlikely to me as they are often prepared to settle. How much short faring have you done?

Did you send your letter guaranteed next day delivery?

Did you send it to the correct prosecutions unit address at King’s Cross station?

Do you have issues receiving your post? (Post yourself a letter to test that)

I suspect it’s just in their system and no one has noticed the urgency from your point of view.

Did you include your e mail address in case they may reply that way?

You could try e mailing them, it’s not their usual method but we do see them occasionally picking up urgent cases that way. You’d have to include a short line that you were e mailing what had been sent due to the court deadline being imminent

There’s a GTRprosecutions@ e mail address you can find on the forum
I do not think i have issues with my post as i do receive other posts, but will try posting to myself. The sjpn letter says it’s £16 short fare.
Yes, i sent a next day delivery on the 27th and it shows it was delivered on the 29th. I included both my email and house address. I have also sent two emails stating what i sent in the post and also the court deadline (gtr.prosecutions@gtrailway.com). I have called twice, but was told they couldn’t discuss it over the phone.
 

WesternLancer

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But it sounds like you still got to deal with the court papers today or maybe by Monday?
 

TAE

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I do not think i have issues with my post as i do receive other posts, but will try posting to myself. The sjpn letter says it’s £16 short fare.
Yes, i sent a next day delivery on the 27th and it shows it was delivered on the 29th. I included both my email and house address. I have also sent two emails stating what i sent in the post and also the court deadline (gtr.prosecutions@gtrailway.com). I have called twice, but was told they couldn’t discuss it over the phone.
This the address i posted to;
Prosecutions Department
Eastside Offices
King's Cross Railway Station
London N1C 4AX
 

WesternLancer

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I do not think i have issues with my post as i do receive other posts, but will try posting to myself. The sjpn letter says it’s £16 short fare.
Yes, i sent a next day delivery on the 27th and it shows it was delivered on the 29th. I included both my email and house address. I have also sent two emails stating what i sent in the post and also the court deadline (gtr.prosecutions@gtrailway.com). I have called twice, but was told they couldn’t discuss it over the phone.
It does seem like you’ve done all you can do in practical terms to get this to them.
Yes we don’t often hear of anyone managing to get through by phone.

Do you feel pleading not guilty on the SJPN is a problematic option for you?

== Doublepost prevention - post automatically merged: ==

This the address i posted to;
Prosecutions Department
Eastside Offices
King's Cross Railway Station
London N1C 4AX
That’s the address we see on here iirc. So seems correct.
 

TAE

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But it sounds like you still got to deal with the court papers today or maybe by Monday?
Yes, i have to. I am really confused on what to do about that. I cannot afford to have a criminal record, but i also do not want to get in more trouble by pleading ‘not guilty’, particularly if Thameslink doesn’t respond to me before the court date
 

WesternLancer

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Yes, i have to. I am really confused on what to do about that. I cannot afford to have a criminal record, but i also do not want to get in more trouble by pleading ‘not guilty’, particularly if Thameslink doesn’t respond to me before the court date
You will have to see if others here suggest more advice about the SJPN but I dont think you would get in more trouble. I think you are within your rights to request court in person which buys more time for Thameslink to reply to your request.

Is there an option to not plead yet but request court in person?

You could engage rail fares expert solicitor but you might not wish to spend c£600 + they will charge
But Manak solicitors claim they have direct channels of communication with train companies to expedite urgent cases.

I add that I have no connection nor ever used this firm but you can find others who have by searching the forum if you wish.
 

TAE

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Okay, i will wait for a while then. I think the only options were plead guilty with or without attending court, and plead not guilty.
 

WesternLancer

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Hopefully a court process expert here can pitch in during course of the day too.

When’s the absolute last date the court papers must be back at the court by?
 

TAE

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Today’s the last day. But i guess it would not be delivered till Monday even if i send it today.
 

WesternLancer

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Today’s the last day. But i guess it would not be delivered till Monday even if i send it today.
Correct. Unless you take it in person. Tho you could also send it Saturday morning before about 10.30 on next day delivery maybe. Possibly also delivered on Monday.
 

John R

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Aren’t the only downsides of a NG plea that a) you have to attend court and b) the fine is not reduced by a third?

So not really “getting into more trouble”.
 

TAE

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Aren’t the only downsides of a NG plea that a) you have to attend court and b) the fine is not reduced by a third?

So not really “getting into more trouble”.
Is it possible to still get the case out of court if i send in a NG plea and Thameslink gets back to me before the court date?
 

WesternLancer

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Is it possible to still get the case out of court if i send in a NG plea and Thameslink gets back to me before the court date?
Yes. This is what we see happening

The ng plea triggers a court hearing which is inevitably some weeks away so more time to let Thameslink consider your request.

IIRC you can still plead guilty later and benefit from the early plea fine discount.

I don’t think the SJPN process is intended to deny people the right to be heard in court if they wish so I don’t think you are penalised for opting for the hearing in person even if you wished to plead guilty.

And in your situation it’s in your interest to request this be done in court because of the strong chance of them agreeing to settle out of court if the circumstances of your case are as you described. You just need the time it seems to me.

I’d be happy to be corrected by other forum members if people disagree
 
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TAE

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Hi, I have just called them now again to enquire if a response has been sent. They said the case has now gone to court and nothing can be done from their end. I asked if there’s a possibility of it being settled out of court, they said “no, sorry not at this point”.
With this I’m unsure of what to do anymore.
 

John R

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I suspect your only option at this time is to involve a solicitor and in the meantime plead not guilty, to buy some time.

If you search some threads on here you will find some names crop up regularly who do seem to have some success in difficult cases. Of course, it will cost you several hundred pounds, with no guarantee of success.
 

WesternLancer

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I suspect your only option at this time is to involve a solicitor and in the meantime plead not guilty, to buy some time.

If you search some threads on here you will find some names crop up regularly who do seem to have some success in difficult cases. Of course, it will cost you several hundred pounds, with no guarantee of success.
I agree with this. But I also suspect the person on the phone was fobbing the OP off as they really do not engage by phone.
And it’s Friday so even less likely to do so in my personal view.
 

Puffing Devil

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I suspect your only option at this time is to involve a solicitor and in the meantime plead not guilty, to buy some time.

If you search some threads on here you will find some names crop up regularly who do seem to have some success in difficult cases. Of course, it will cost you several hundred pounds, with no guarantee of success.
I agree with this. But I also suspect the person on the phone was fobbing the OP off as they really do not engage by phone.
And it’s Friday so even less likely to do so in my personal view.

An cheaper approach than using a solicitor, but without the same persuasive effect of a solicitor would be to:

  • Plead not guilty on the SJPN notice
  • While waiting for the court date continue to approach Thameslink for a settlement
  • If no settlement, you can approach the prosecutor on the day in court to try to agree a settlement before the case is heard
Should you be unable to reach a settlement, you'll only have given up a small element of the discount on the fine for a prompt guilty plea. Unfortunately the Victim Surcharge, Prosecution Costs and Compensation for Unpaid Fare often outweigh the only means related element of the overall penalty.
 

John R

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An cheaper approach than using a solicitor, but without the same persuasive effect of a solicitor would be to:

  • Plead not guilty on the SJPN notice
  • While waiting for the court date continue to approach Thameslink for a settlement
  • If no settlement, you can approach the prosecutor on the day in court to try to agree a settlement before the case is heard
Should you be unable to reach a settlement, you'll only have given up a small element of the discount on the fine for a prompt guilty plea. Unfortunately the Victim Surcharge, Prosecution Costs and Compensation for Unpaid Fare often outweigh the only means related element of the overall penalty.
Cheaper maybe, but the OP has stated that avoiding a criminal record is their primary consideration, so my recommendation was based on maximising the likelihood of success in that regard.
 

Puffing Devil

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Cheaper maybe, but the OP has stated that avoiding a criminal record is their primary consideration, so my recommendation was based on maximising the likelihood of success in that regard.

I missed that when I scanned the thread. You're right - if the absolute driver is to avoid a conviction, then a Solicitor may well be worth the price of the headed notepaper.
 

KirkstallOne

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I can’t see on the charge sheet what you are actually charged with. Is there a missing part that identifies the legislation or act you are being charged under?
 

island

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Cheaper maybe, but the OP has stated that avoiding a criminal record is their primary consideration, so my recommendation was based on maximising the likelihood of success in that regard.
If the case is being prosecuted by SJPN, it follows that it is a non-recordable offence.
 

jfollows

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If the case is being prosecuted by SJPN, it follows that it is a non-recordable offence.
Whilst I believe that generally to be the case, can you please substantiate your statement?
I am no lawyer but I’d like to see advice given here to be accurate.
 
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