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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a simple matter of a sentence being passed on me by

Customer Question

Greetings.
I have a simple matter of a sentence being passed on me by the Hammersmith Magistrate Court for an offence of entering a compulsory ticket area without having a valid ticket. Transport For London sent a Penalty Fare but it wasn't to my address, from then which was a year ago till only recently where they sent it to another address where an occupant contacted me and told me of this that i learn the fee was now £464.80 and that there has been a Further Steps Notice against me which could lead to criminal charges, doubling the fee, and more. How do i appeal against this? specifically what do i do? i have zero experience in law and I've lived in another country for around 3 years now and only got this ticket from a trip in the UK. plz help
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Furthermore- I am a British citizen, born in the United Kingdom. I don't recollect giving them any other address other than that of what i remember telling them, I provided an I.D which was an old Provisional driving licence for a motor that had expired and told them that I had actually moved to Poland, I'm sure i told them of where i was staying and knew that whomever sent anything for me would be able to get to me as its a friends address, a close friend in which i basically lived there for awhile whilst i was homeless (different matter), in which i even registered my Passport and my National Health Insurance so i don't understand HOW could they not now of my whereabouts if my Passport and my National Health Insurance is registered. I wish to appeal against the sentence passed on the 01/07/2015 not that I'm guilty as i admit i was, but that i didn't have a chance to pay the fine of £40, which i read was increased to £80 if not received. Over a course of a year I am surprised that nothing has been dealt with regarding pursuing to find me and or why or whom they have been sending this too. i received an email regarding the matter in which it tells me an "appeals are made to the crown court by collecting a form form the Magistrates Court and submitting it in writing". not only do i not have time for this its a complete misunderstanding, i fear the degree of this increasing if i do not pay yet i am not guilty. i don't even have the previous "warnings" nothing, no statements or anything from the London Collection and Compliance Centre either at my address or from what i know at the "occupants" home, as far as i know the "occupants" home doesn't and i know my address doesn't either. i don't like court fightings and stuff, I've had a Caution beforehand which i didn't even realise i was signing at the time, apart from that i had no involvement with the law and from being in Poland been able to distance myself from any Misconduct of any sort to which i don't want this to ruin my progress of a clean slate.
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

When was this sentence handed down?

Customer: replied 11 months ago.
Hello Ash, my name is***** debt arises from the sentence passed on the 01/07/2015 by Hammersmith Magistrate Court for the offence, the offence specifically being On 03/03/2015 At Notting Hill Gate Did enter a compulsory ticket area without having with him a valid ticket Contrary to section 5(3)(a) of the Regulation of Railways Act 1889.
Customer: replied 11 months ago.
i have emailed the LCCC and got a response of what's going on "A summons was sent to the address supplied by the prosecutor, followed by a collection order and a further steps notice.
We have not been notified of a change in address by the Court.
This unit cannot enter into correspondence regarding your conviction. If you wish to dispute the matter you must contact the administrative Court which is : Westminster Magistrates Court or take independent legal advice.
Appeals are made to the crown court by collecting a form from the Magistrates Court and submitting it in writing with relevant supporting documentation. You need to contact us when you go to make an appeal so that the account can be placed on hold.
Enforcement will be held for 28 days once you inform us of the appeal but will continue after that date if the debt remains unpaid and we are not told by a court that an appeal has been lodged, an application to re-open the case or make a statutory declaration has been listed or any other relevant challenge has been made.
Yours faithfully
R.Pinkrah
Designated officer
LCCC"
Expert:  Ash replied 11 months ago.

Did you know of the Court proceedings?

Customer: replied 11 months ago.
No, none. my address being different from my old ID which i told the ticket officer was an old address i believe as this was some time ago and my passport and National Insurance number as addressed to a different home, to which if it was sent to my address for both passport and NIN i would have received it. It was sent to my mother whom i have no contact with and i dont know if she has had either previous mail of mine sent to her of this matter or where they originally sent all of the court proceedings originally.
Customer: replied 11 months ago.
By sent i meant to say the last of the letter's being the Further Steps Notice was sent to my mothers, of my knowledge i don't know if she has kept and not told me or just didn't receive previous mail
Expert:  Ash replied 11 months ago.

Ok - you can go to the Court and give a statutory declaration.

That is where you go before the Court and say you didnt know anything about it. The conviction gets set aside and the matter could start again.

You can then speak with the prosecution and see if you can settle by way of fine instead of them re-issuing the summons.

But a statutory declaration is what you need to do.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
I'm abroad at the moment, is there a way in which i can do this without physically being there? by email, or letter, or anything?
Expert:  Ash replied 11 months ago.

No, you have to be there and swear before the Court.

You dont have to do it now - you could do it in a week or so

Does that clarify?

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
thank you, ***** ***** how long would the matter continue on for? would this last a long time like a month and would i have to be there for the result of this court matter?
Expert:  Ash replied 11 months ago.

If its accepted the matter is set aside straight away. But you have to go before a Court to make a statutory declaration

Does that clarify?

Customer: replied 11 months ago.
is there anyway at all that i can do this without physically being there? legally like a statement being send or something?
Expert:  Ash replied 11 months ago.

Sadly not, you need to be there for the Court to accept it.

Customer: replied 11 months ago.
could i set an appointment with the court or someone as im going to london on a later date this year anyway
Expert:  Ash replied 11 months ago.

Really you need to do it within 3 months of knowing about the conviction.

Customer: replied 11 months ago.
as a side note, is there any way of doing with apart from the approach you've taken. any other legal action per say.
Expert:  Ash replied 11 months ago.

Sadly not - that is the only way as you have a conviction on your name.

Customer: replied 11 months ago.
Ok, thanks Ash. Moreover, would you know about what a simple caution is, to the extend of it being if its a criminal record or a temporary mark per say..
Expert:  Ash replied 11 months ago.

Yes it would be. It would show on your criminal record for a limited period.
Does that clarify?

Customer: replied 11 months ago.
it would, its that i don't have a criminal record and that i think simple caution would be my first *offence*. does that mean i have a criminal record?
Expert:  Ash replied 11 months ago.

You wouldn't have a conviction but you would have a criminal record

Does that clarifY?

Customer: replied 11 months ago.
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 11 months ago.
sure, ive rated it 5* + thanks for the advice
Expert:  Ash replied 11 months ago.

Thanks!