Statutory hearing what to do after

[lolalisabeth]

Hi everyone, I have read multiple posts on a few forums and they’ve been very helpful, Thank you.

However I didn’t see any on what to do after a statutory declaration. Here is the summary of my situation- basically what I will be saying in court later today to have the case moved back to before it went to court (hopefully).

Before I start I’d just like to explain the situation.
After contacting the magistrates court in December 2024(when I first heard of the fine) I found the fine was for a journey from Birmingham- Leicester costing no more than £5. I bought a ticket on the train and the inspector would accept it (fair enough I know you need the ticket before getting on). But to be completely honest it was a short journey I *Needed* to take for test which was booked in advance. I was a student and couldn’t spare any money at the time I thought there wouldn’t be any inspectors so I tried my luck. I bought a ticket there and then the ticket wasn’t accepted and I was my details however I did not receive any letters .

Here is what I wrote to say in court:

purpose of hearing:

“I would like to explain the circumstances that prevented me from being aware of this fine before 18/12/2024 and to outline the actions I took immediately after becoming aware of it.”

“I moved out of the property (that I was sharing with 4 other girls) where the correspondence was being sent in June 2024. I was completely unaware of the fine until I received a text message from CDER Group ( on my old telephone number) on 18/12/2024 informing me that a warrant had been issued.”

“I can provide proof of my change of address through my novation agreement and utility records, which show I no longer resided at that property.”

2. I acted immediately once you became aware

“Upon receiving the text on 18/12/2024, I immediately contacted Nottingham Magistrates’ Court, who referred me to HMCTS and the Single Justice team. I began the process of filing a statutory declaration on the same day and formally submitted it on 20/12/2024.”


• I also acted to settle the fine:

“After submitting my statutory declaration form on 20/12/2024,I acted as quickly as possible to address the matter I contacted CDER to set up a payment plan of £75 a month whilst I wait for the courts to hear my case.

Request for Consideration

“As I did not receive correspondence about this fine due to my change of address, I had no opportunity to resolve the issue earlier. ie pay the original fine. Once I became aware of the fine, I took immediate action to address it.”

3. Acknowledge compliance:

“I have acted responsibly and cooperated fully by submitting my statutory declaration, contacting all relevant parties, and setting up a payment plan as soon as possible.”


Closing Statement

“Thank you for allowing me to explain my situation. I respectfully ask the court to consider my circumstances and my immediate actions when reviewing this case.”

I also had a few questions for anyone who’s been through this or know what happens next.

Should I contact the railway provider (cross country I think) for an out of court settlement (since I don’t have a criminal record) right after the hearing?

If accepted would this be the original fine amount ( I have no idea how much that was as I didn’t receive any letters)?

I’d also like to note that I am on an apprenticeship earning £6.40p/h and barely affording to pay the payment I am on atm for £75 a month. Could I mention this to have the fine reduced.

I do not want to go to court again because of stress so any advice on want to do after the hearing and who to contact to have this resolved.

 

[Puffing Devil]

Unfortunately, you should have come to the forum sooner as you may have been able to secure an out of court settlement and not be back in court at all.

However, you are where you are and will be in court today.

The statutory declaration is a simple process where you tell the court that you were unaware of the case and want the matter to be reset to the summons stage. The magistrates only have to witness your declaration, they must accept what you say as true and take the declaration if it is within time limits. Out of time and they have more leeway. If you do lie on your declaration, it's perjury, and that is a whole world of pain if it comes to light later.

Two things will then happen in court. Most of the time, the court will look to reopen the case there and then and take a plea from you. As outlined above, you are guilty and must enter a guilty plea [See note below]. The court will then move to sentence.

I would expect a Band A fine and with the income you have described it will be assessed at £120pw (the minimum).

The fine is likely to be £40, with a Victim Surcharge of £16, with compensation asked for the fare unpaid plus the prosecution costs which will be around £150. You can ask this to be paid in installments. Any monies already paid should be refunded.

When you get to court, ask the ushers if the railway prosecutor is in court, and if you can see them before your case is called. That will be your last chance to ask if they are prepared to settle out of court - tell them everything you have outlined above.

[Note about guilty plea] If the prosecutor is not in court on the day, it is worth asking the court after you have made your declaration and before you are asked to enter a plea if they would grant an adjournment for a month to allow you to settle with the railway. In this case, request that you enter no plea if the charge is put to you. You should then have some breathing space to come back to the forum for more advice.