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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I have received a summons to attend Nottingham Magistrates

Customer Question

I have received a summons to attend Nottingham Magistrates Court at 10.00am on Monday 31st March for the non-payment of a rail fare (from November 13). I'm at student in Sheffield but the letter was sent to my home in Nottingham. It is dated Feb 13 but only arrived a week ago (my parents have said) and I only opened it today Sunday 30th March. It offers a final settlement sum to pay but this must be made (£100 plus the missing fare £8.25) 2 days prior to the court date. Can anything be done to settle this ahead of the court hearing with no formal criminal conviction as I hadn't seen the letter until today?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why do they have your parents address not yours?
Customer: replied 3 years ago.

Because I gave my home address which is more permanent than my student address.

Expert:  Jo C. replied 3 years ago.
Ok. Thats a problem I'm afraid.

They don't have to offer the settlement at all. They do it basically to reduce administrative pressure on the courts.

You could always go to court tomorrow and explain to the prosecutor and offer to pay the settlement sum. You might get a reasonable prosecutor who will accept your explanation.

If they have the post marked envelope then that may prove when it was despatched which might help you from a public interest point of view.

Of course, the practical reality is that you might meet with a prosecutor who takes the view that you are out of time and the matter has already been sent to court so its too late now. If so, then you could always plead not guilty and then ask the Crown to review the public interest of the prosecution during the adjournment. Thats not likley to succeed but its a chance.

Failing that, you have no other option but to plead guilty. This will be regulation 18 of the Railway Bye Laws which only carries a fine.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Jo


 


The Settlement Offer I received says that offences are committed "under the Reg of Railways Act 1889 are recordable and should you be convicted you will receive a criminal record". Is that different from what you say under Reg 18 of the Railway Bye Laws which you say means a fine only?

Expert:  Jo C. replied 3 years ago.
No, Regulation 18 of the Railway Bye Law is the offence to which they refer. It is recordable and you will receive a criminal conviction.

It will just only lead to a fine.

Its not the worst offence. Its just being without a ticket in a compulsory ticket area.
Customer: replied 3 years ago.

Understand but difficult to have a conviction on my record when I will shortly be seeking employment. If I offer to pay fine ande costs can I negotiate for non recording of a conviction?

Expert:  Jo C. replied 3 years ago.
Only if they agree to accept that as a settlement amount.

If you have to plead at court or you are convicted then it will lead to a conviction unfortunately.
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/