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Summons from Merseyrail

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gray1404

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So just to confirm, the Court gave you the exact date that information was laid before them and it was indeed on your before 22 May 2019? If the Court just said "May" then I would press for the exact day. Being just one day out means they cannot bring a case against you.

Assuming however that the information was laid in time... as others have said, your first attempt should be the contact Merseyrail to ask if they would be willing to agree to on out of Court settlement. I would say that with the limited amount of time remaining until the Court date, it would be best done by phone. I would also recommend you install an app to record phone calls so you have proof of anything that is agreed. If they agree I would try to make payment there and then over the phone if possible. I would keep the request short and simple. You may perhaps have to offer something in mitigation such as. Mentioning that on the morning in question you were under pressure as you had to attend to your studies and when you spoke to their member of staff, you had an error of judgement. However you now understand the seriousness of it of have made sure you have a ticket before travel from now on. You might also mention that having graduated/or shortly will be a criminal record would make it difficult to gain employment.

If Merseyrail do not agree to this then you can always get to the Court early on the day in question and ask the Clark to tell you who is acting on behalf of Merseyrail and ask them if it they would agree to a settlement. If the matter does end up being heard in Court it is really important that the Court is made aware of your current earning/or lack of/benefits you might be on. If they are not aware of this information then they will assume average earning and any fine issued may be higher then it otherwise may have been had they been aware of your situation.
 
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furlong

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Well the charges are still not clear from what you've posted here so far. Something is missing - particularly if you say you paid your fare when asked, but the allegation is that you didn't? Did you tell the truth about which station you travelled from and needed a ticket from?

the only thing he gave me was a receipt, as I had to buy a ticket on the spot
 

some bloke

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Maybe they're alleging the wrong offence.

the only thing he gave me was a receipt, as I had to buy a ticket on the spot

Then I can't see how you are guilty of the second of the three fails in 5 (1).

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

I suppose there might be some argument like this:

"you failed to pay the fare due, which was a penalty fare, through giving the wrong name and address which are required for a penalty fare to be correctly issued".

But magistrates might think that's a bit funny. Is it clear that you failed to pay a penalty fare when requested, especially considering that you did give the correct name and address later?

Well the charges are still not clear from what you've posted here so far. Something is missing - particularly if you say you paid your fare when asked, but the allegation is that you didn't? Did you tell the truth about which station you travelled from and needed a ticket from?

If the answer to that is no, then 5 (3) (a) would seem more appropriate. The easiest conviction would appear to be under 5 (3) (c) as the OP did fail to pay, then give the wrong name and address.

The solution to the mystery may lie in the company using the wrong legislation rather than the OP having done something else.

..............

they still didn't end up affording the OP that opportunity.

Yes - the suggestion above is that he ask them whether he should have received a letter in the meantime.

Now that the OP has said he did buy a ticket on the train, I'd be tempted (particularly if that sale is in the witness statement or the OP still has the ticket and/or receipt) to ask them first to clarify their position, as they are now alleging he didn't buy one when asked.

They might reply that they don't offer legal advice, but you could then politely point out that it would waste the court's time if they turned up continuing to allege something you aren't guilty of - or gently point out that you think it's possible they may have quoted the wrong legislation.

There may be some other explanation - again, posting a photo of the witness statement on here (with identifying details removed) may help.
 

gray1404

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I think then it would be helpful if the OP would state exactly what charge(s) they are being summoned to answer to..........
 
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