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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im being prosecuted by royal mail a stoken

Customer Question

Hi,
Im being prosecuted by royal mail for receiving a stoken item and then selling it on, the error only came to light after i offered to help a friend i didnt know very well, he sent me some items to sell on his behalf, after id sokd the item, he was given the money from it, i gained nothing, a month kater im visited from royal mail in estigators when i find item was stoken, i was horrified. I contacted the buyer immediately, refunded them and got them to send the watch back to royal mail. I fully cooperated with them as ive bever been dishonest. Today i get court papers to appear in court on 20th august with charges of stealing item from royal mail and then selling it on. I have no debts, everything i have is paid for, i work for myself, what fines and costs can i face with this as it seems im definitely not going to get away with nothing even though the watch was got back and i lost the money , im already £300 minus. Allison purkiss
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Allison my name is ***** ***** I will help you.
What is it you would like to know about this please?
Customer: replied 2 years ago.
How much can i expect to be fined and court costs as the watch was returned to owner and the buyer refunded in full by myself on finding out it was stolen.
Expert:  Ash replied 2 years ago.
What is the exact charge?
Customer: replied 2 years ago.
It says stealing a parcel from royal mail which i didnt, i received the parcel which i believed to be from person who wanted me to sell for them, and 2 nd charge for selling it on.
Expert:  Ash replied 2 years ago.
Yes. What is the exact charge as on the sheet?
Customer: replied 2 years ago.
Theft and proceeds of crime.
Expert:  Ash replied 2 years ago.
What is the value if any on the charge?
Customer: replied 2 years ago.
Value of item was £350 and sold for £156, full refund given at my expense and watch returned to owner
Expert:  Ash replied 2 years ago.
Ok. You are likely to get a Community Order for this. It wont be a fine because of the seriousness. You will have to do something such as unpaid work, attend an activity or supervision etc.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
It says on the paperwork that all fines and costs will have to be paid before leaving the court so how will i not get a fine?
Expert:  Ash replied 2 years ago.
Because that is if you are fined. Theft is not a fine only, it can be custody. But given the low value I think it will be a Community order.
Does that clarify?
Alex
Customer: replied 2 years ago.
Will it not be in my favour that i fully complied with royal mail, and i immediately contacted buyer got the item back and refunded them at my own expense on someone elses behalf?
Expert:  Ash replied 2 years ago.
Yes it will be. But its unlikely you will get a fine given its theft from Royal Mail.
Alex
Customer: replied 2 years ago.
Ok, thanks for your advice, so worst case scenario i will get community service or similar instead of a fine?
Expert:  Ash replied 2 years ago.
Yes I think so.
Does that help?
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
I attended court on thursday, your information seems to be way off i was being toldthat i could get 26 weeks in jail for this offence? Royal mails costs are at £1870 without the court costs, a court solicitor was trying to force me to plead not guilty and take it to high court, it was adjourned without my seeing anyone until now 10th september as they ran out of time to hear my case. This is the only offence ive ever had in my life, i fully cooperated and did not gain anything from this but solicitor at court told me this is irrelevant. Now i dont know what to believe or think im going to get sentenced with?
Expert:  Ash replied 2 years ago.
I asked what the exact charge was and you said stealing from Royal Mail, so I took it as theft. The sentence is up to 6 months, however given it is £350 you are 99.9% not going to prison.
You pleaded guilty and therefore get a Community Order.
Does that clarify?
Alex
Customer: replied 2 years ago.
The first charge is stealing the packet from royal mail, 2nd charge is selling it on, as soon as i was aware item was stolen item was retrieved and buyer fully refunded by myself.
Expert:  Ash replied 2 years ago.
It wont be custody given the very very low value. If it was £5000 or more maybe, but not for £350.
Does that clarify?
Alex
Customer: replied 2 years ago.
Ok thank you.
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.
Dont know if this is relevant but on the report the court gave me, ive noticed royal mail have made a lot of mistakes, firstly they have said my address is the address of the recipient of the packet which is incorrect, secondly the postman who delivered the packet has 'ade a statement stating ge delivered the packet also to the incorrect address which is not my address, thirdly he states the packet was signed for at the incorrect address? Are these not serious errors?
Expert:  Ash replied 2 years ago.
Yes but even so that won't change your sentence, it will still likely be a community order at most.
Alex
Customer: replied 2 years ago.
Ok thank you
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/