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Facing Prosecution After Missing Out Of Court Settlement Letter

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Piro

Member
Joined
8 Sep 2023
Messages
5
Location
London
Hello everyone. I have a situation which I would appreciate if someone could give advice. Its s bit of long story but I beg you to bear with me

My boss covers part of my travel expense, my train fares. On the 20th of June, he sent me an E-ticket for the day, and I deleted what I thought was the ticket I used the previous day. I boarded a Thameslink train from Luton Station, going to West Hamstead Station. A ticket inspector accosted me during the journey and I presented my E-ticket. Thats when the ticket inspector informed me that the ticket I showed had been used the day before, I had mistakenly deleted the ticket for the day! I explained to the ticket inspector. She took my details and told me to upload the ticket to their website within 14 days when I find it. I did everything I could to retrieve the deleted ticket including downloading a third party software and contacting my boss to resend me the ticket (he said he no longer had it), with no success.

About middle of July, I got an 'intent to prosecute' letter from Govia Thameslink that asked me to state my side of the story, and I told them about the mistake I made with the deleted ticket, in a letter and sent back them. Shortly after this, I had an emergency that made me leave the UK for Africa, a close relative was very poorly. I spent over a month in Africa and returned on Thursday August 31st. Checking through my mail, it turned out that I had recieved a letter from Govia Thameslink, and the courts while I while I was in Africa

In the Thameslink letter dated 1st of August, I had been offered an out of court settlement for £71 by Thameslink, cost of the ticket and a contribution to the prosecution team. The letter also said I had 14 days to pay this or things may escalate to the courts. The second letter, dated 23rd of August, was a court pack telling me that Govia Thameslink was suing me for £135, and to plead guilty or not guilty within 21 days

Because I was in Africa and was not aware of the £71 out of court settlement offer, and had not paid it , Govia Thameslink had escalated the matter to court and was seeking a bigger amount. I was be charged under Railways Bylaws 18(1). I immediately wrote a letter back to Thameslink, attaching the letter to settle out of court for £71, explaining that I was not in the UK when the letter to settle out of court came. I begged them to withdraw the case as I was still willing to settle out of court

It has been a week and I have heard nothing back. I have just another week before the 21 day deadline lapses. Im very worried about this, and dont know what to do. It says on Thameslink website that once you have been sent a court pack, or charged to court, you have to contact the court for any correspondence. To my understanding, if you want to settle out of court, its not the courts you contact, but who took to court

I would really appreciate it if someone can advise on what to do cause Im lost here

Thank you
 
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Fawkes Cat

Established Member
Joined
8 May 2017
Messages
3,918
Welcome to the forum!

I think you accept that because you couldn't produce a valid ticket, in law you were in the wrong. And it's very unfortunate that you dropped out of contact. But given the choice, railway companies seem to prefer to settle these things out of court.

So you have done the right thing writing to the railway and it's possible that they will get back to you in the next seven days after all. But in case they don't:

- write to them again explaining why you missed their deadline and asking if they will let you settle for the£71. This time use the 'Signed For' service (https://www.royalmail.com/sending/uk/signed-for-1st-class). It will cost a bit extra but you will know that your letter has got to the railway.
- if you have an email address for them, send it by email as well
- what you really need at this stage is more time to negotiate with the railway. So read the court pack very carefully: it may give the option to have your case heard in front of magistrates. Or you may have to plead 'not guilty' to get a hearing. Whichever, do that: it will take some time to arrange a court date, and you can use that time to try to get the railway to settle and withdraw the charge. If it comes to it, you can even talk to the prosecutor at the court before your case is started, and see if they will withdraw the case then!

Essentially, do everything you can to get in touch with the railway. If you can, I think you have a good chance of keeping this out of court.

Just one thing to add - in the UK, your name is fairly unusual and we wouldn't want to break your privacy. You might want to edit it out of your original post and change your username to something that doesn't instantly tell everyone that this post is from you!
 

Piro

Member
Joined
8 Sep 2023
Messages
5
Location
London
Welcome to the forum!

I think you accept that because you couldn't produce a valid ticket, in law you were in the wrong. And it's very unfortunate that you dropped out of contact. But given the choice, railway companies seem to prefer to settle these things out of court.

So you have done the right thing writing to the railway and it's possible that they will get back to you in the next seven days after all. But in case they don't:

- write to them again explaining why you missed their deadline and asking if they will let you settle for the£71. This time use the 'Signed For' service (https://www.royalmail.com/sending/uk/signed-for-1st-class). It will cost a bit extra but you will know that your letter has got to the railway.
- if you have an email address for them, send it by email as well
- what you really need at this stage is more time to negotiate with the railway. So read the court pack very carefully: it may give the option to have your case heard in front of magistrates. Or you may have to plead 'not guilty' to get a hearing. Whichever, do that: it will take some time to arrange a court date, and you can use that time to try to get the railway to settle and withdraw the charge. If it comes to it, you can even talk to the prosecutor at the court before your case is started, and see if they will withdraw the case then!

Essentially, do everything you can to get in touch with the railway. If you can, I think you have a good chance of keeping this out of court.

Just one thing to add - in the UK, your name is fairly unusual and we wouldn't want to break your privacy. You might want to edit it out of your original post and change your username to something that doesn't instantly tell everyone that this post is from you!
Thank you
 

WesternLancer

Established Member
Joined
12 Apr 2019
Messages
10,160
Thank you
Just to add to the excellent advice offered above - as things develop head back here for more advice at every stage you think more advice might help you - including say if you are writing to the Railway Company / or e-mailing, and you want people to check your wording, feel free to post up a draft here and people will help suggest any amends if experts here think worth adjusting what you plan to say.

Good luck with getting this sorted.
 
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