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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Receiving the summon in a foreign country ?


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Hi everyone,

 

Im sorry to be another "moaning minnie" here, but it seems to be the only place where I could get help to sort out the nightmare I feel I'm in.

 

As many many other persons here, I've been caught using somebody else's oystercard... but I think I have even less excuses than the other OPs, because I've done it several times, and felt it was ok since I used it as mine and refilled it with my credit card every time (it was a student card).

I did not acknowledge that to the person that arrested me, because I thought I could avoid the fine (yes I am that stupid) and then I was just stuck in my lies (pretty obvious ones).

 

I am ready to pay any fine, so long as I can avoid having a criminal record... I am a law student and that is the last thing I want !

 

My problem is that I'm not a UK citizen or even resident, and went back to my country without having received any letter/summon...

The inspector asked for my UK address and also took my ID number and told me that with that they would find me in any country, but I am not so sure about that... If they send the summon to my UK address, then it will be lost for sure, and I will not know anything about it.

 

What should I do now ? Should I call them then ?

 

English friends told me not to do anything, and just wait because it's Tfl responsibility to contact me, but I dont want to be summoned and everything without my knowledge and then find out I have been convicted !

Do I have any chance to settle out of court if I call them now ?

 

I was the first one to complain about people avoiding fares before this and I know I deserve to be punished, but if you could please help and give me your opinion & advices, I would really appreciate it.

 

Thanks

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Im very suprised to see a law student asking this question, however, if you intend to return to the UK for more than just a visit you should contact TFL and ask to settle out of court.

If you do not plan to live here then ignore the summons.

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Hi everyone,

 

Im sorry to be another "moaning minnie" here, but it seems to be the only place where I could get help to sort out the nightmare I feel I'm in.

 

As many many other persons here, I've been caught using somebody else's oystercard... but I think I have even less excuses than the other OPs, because I've done it several times, and felt it was ok since I used it as mine and refilled it with my credit card every time (it was a student card).

I did not acknowledge that to the person that arrested me, because I thought I could avoid the fine (yes I am that stupid) and then I was just stuck in my lies (pretty obvious ones).

 

I am ready to pay any fine, so long as I can avoid having a criminal record... I am a law student and that is the last thing I want !

 

My problem is that I'm not a UK citizen or even resident, and went back to my country without having received any letter/summon...

The inspector asked for my UK address and also took my ID number and told me that with that they would find me in any country, but I am not so sure about that... If they send the summon to my UK address, then it will be lost for sure, and I will not know anything about it.

 

What should I do now ? Should I call them then ?

 

English friends told me not to do anything, and just wait because it's Tfl responsibility to contact me, but I dont want to be summoned and everything without my knowledge and then find out I have been convicted !

Do I have any chance to settle out of court if I call them now ?

 

I was the first one to complain about people avoiding fares before this and I know I deserve to be punished, but if you could please help and give me your opinion & advices, I would really appreciate it.

 

Thanks

 

If you do nothing, then TfL may well issue a Summons within 6 months of the offence being reported. If you do not reply to it, they will ask the Court to prove the matter in your absence and that is what is very likely to happen

As SRPO has already indicated, if you intend to return to the UK then that penalty will be awaiting you

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Utter disgrace. You openly admit that you are taking the p**s out of the UK. You get your education here whilst stealing your way along and making false statements - all whilst you study law. I for one hope they do give you a criminal record and ban you from ever practicing law. Whatever next? Ronnie Knight for Bank of Enland governor?

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Utter disgrace. You openly admit that you are taking the p**s out of the UK. You get your education here whilst stealing your way along and making false statements - all whilst you study law. I for one hope they do give you a criminal record and ban you from ever practicing law. Whatever next? Ronnie Knight for Bank of Enland governor?

 

 

I disagree, im sure the OP has the makings of a good criminal defense lawyer.

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Oh really? And how did you conclude that? Was it the 'I've been caught using somebody else's oystercard... but I think I have even less excuses than the other OPs, because I've done it several times' that makes him an upstanding citizen? I would rather trust Al Queda with a nuclear weapon rather than employ a dishonest lawyer.

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Well well if that can make you feel better, I have no intention of working in the UK - and I never said in my post that I was studying law in the UK... Hence my poor knowledge of the English legal system !

 

And if you take in consideration the fact that a) I am a student b) I paid for every single trip I did on my friend student's oyster, then maybe you can understand how i felt - admittedly stupidly- morally right :rolleyes:

 

Now, if you want to keep making fun of other people's problems, well it is legal but in my opinion it's as despicable as the petty offences you are so quick to condemn :rolleyes:

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Well well. You did say you were studying law and you did admit to using someone elses card - frequently. Now, if you regard my comments as 'making fun' then you are even more of an ass than I thought. Being foreign does not give you the right to break the UK law just because you feel it is morally right. You broke the law, you got caught.

 

The offence you call 'petty' is the very reason why UK fares are so high. £ Billions of revenue are lost every year by people just like you cheating the system. You had no problem with cheating until you got caught. You are/were a guest in my country. If you do not like the rules and laws I suggest you stay in your own marvellous country.

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I wonder if Wheeler always asks for a bill when he has his drive tarmacced?

 

The issue for the OP is how to best deal with a situation. I think he should write to the prosecuting authority with an offer to settle out of Court. The risk of letting things slide is that a case can proceed in the absence of the defendant, and the defendant could find him/herself being arrested for non payment of fines on 'return' to the UK.

 

If Wheeler cares to pop along to any Magistrates Court, he will find that the majority of people being dealt with are English born & bred. I have had professional dealings with families where the last four generations have convictions for a multiplicity of offences, without a trace of 'foriegn' in their blood line. (Unless you are prepared to go back to Canute the Dane or Guillaume le Batard)

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1. I have never had my drive tarmacced, but if I did I would want a receipt and the company would have to have static premises, not a gypsy in a caravan site.

2. I might just know a little more about magistrates courts than you think. My wife is a magistrate.

3. I am entitled to refer to 'foreign' as the OP has made it very clear that is what he is. I am not afraid to be British or afraid to say 'obey the rules' if you are visiting my country. I for one am sick a tired of people visiting the UK and openly flouting the law through one method or another, be it bogus colleges, forged papers, benefit cheats or in this case fare dodging.

 

If my down to earth freedom of speech offend anyone, I will not apologise. I am British and I am living and speaking in Great Britain. Anyone who doesn't like me being British is welcome to say so, but don't start branding me with the nonsense you are implying along racist lines because you know nothing of me, my skin colour, my origins or anything other than me responding to a foreign criminal.

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Hi ...... WheelerG I don't disagree with your remarks but amm was showing some contrition to his admitted stupidity and that is at least a point in his favour. I think many people on here will have stories of past matters that they now regret. Many of those in debt for example could well have been tempted into actions they don't want to do or indeed are currently doing because of force of circumstance.

 

amm I think your should write to tfl and see if the matter can be sorted out administratively to avoid court. Perhaps if you indicate that you are willing to pay resultant fees and fines you may avoid court. I would also tell them that there is very little likelihood of you returning to the UK. If they do not agree to this a summons will be issued to your last known address and in due course will be proved in your absence as stated above. Then again in due course a warrant for non payment of fine will be issued.

 

Are you likely to return to the UK? Which country are you in?

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1. I have never had my drive tarmacced, but if I did I would want a receipt and the company would have to have static premises, not a gypsy in a caravan site.

2. I might just know a little more about magistrates courts than you think. My wife is a magistrate.

3. I am entitled to refer to 'foreign' as the OP has made it very clear that is what he is. I am not afraid to be British or afraid to say 'obey the rules' if you are visiting my country. I for one am sick a tired of people visiting the UK and openly flouting the law through one method or another, be it bogus colleges, forged papers, benefit cheats or in this case fare dodging.

 

If my down to earth freedom of speech offend anyone, I will not apologise. I am British and I am living and speaking in Great Britain. Anyone who doesn't like me being British is welcome to say so, but don't start branding me with the nonsense you are implying along racist lines because you know nothing of me, my skin colour, my origins or anything other than me responding to a foreign criminal.

I don't think he was indicating racism, more that you appeared to be saying stuff that indicated the OP was acting in this was as he/she was a foreigner, and thus is obviously out to take the **** out of the UK legal system. On a lighter note, I too think amm has the makings of a good defence lawyer, after all, he/she seems to like trying his/her luck, then worming their way out of it...

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There have been other threads where 'posters' have asked what for them is a serious question, and we have ended up debating whether their behaviour is or isn't reprehensible.

 

My comment about 'tarmac' comes from a long study of 'honesty', and I don't just mean the Ghosh test. Many of us stand tall claiming to be 'honest', but have secrets of various shades of darkness in our pasts. We live in a country where both elected and appointed public representatives have shown strange attitudes to complying with rules or moral imperatives. If a student from overseas is a tad naughty, it won't be the end of the world.

 

As for 'my country', history shows that this island is inhabited by the most mongrel collection of various origins, all of whom have (on balance) contributed to the greatness of 'Britain'. In Essex, we have romano gallic buildings added to by the Normans, after they were knocked about by Vikings. We have Hugenot, Dutch, descendants from POWs, Windrush (etc) arrivals and so on. My history teacher at school was a Liberal party councillor. Perhaps it still shows now and then.

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