Need help (Old-CodJA) Urgent plz

[honeybee13]

Help Plz

 

I'm sure the guys will be along when they can, but you will need to bear with us please. You've only been here for a few days and I'm sure people are doing their best when they can help. They're usually here in the evenings.

 

My best, HB

[honeybee13]

I note that OC's letter says it should be cc'd to the magistrates' court, hopefully he will be along soon to clarify.

 

My best, HB

[alikhalid155]

thanks a lot brother i know they will help me thats why i am here waiting for them

[Old-CodJA]

Oc i have already sent a letter to london underground saying sorry and requesting them not to take me to the court and after 2 months sending them that letter i received summons from court. now i need to send the mitigation letter to the court along with the form i received with the summons having the option to plead guilty. plz tell me something like above to write in that mitigation letter to the court plz bro

 

 

I think you are misunderstanding the position now. If this goes before the Court, the Magistrates cannot arrange an out of Court settlement.

 

The Magistrates will only be concerned with deciding whether you are guilty of the charge or not

 

If you are still trying to settle this without Court action, you have to attempt to get the prosecution to agree to this before the date of the Court hearing.

 

If they do not agree, you have to either plead guilty or not guilty and put your case to the Magistrates accordingly. From what you have told us, I cannot see how you can honestly plead not guilty.

[alikhalid155]

Oh dear i think you did't read it properly or it might be my mistake that i was't able to make you understand. I am telling you brother that i want to accept my offence before the court and for that i have to write my mitigation letter to the court. i just need your help for that brother that what should i write in that letter to the court by which i could plead guilty and also request for leniency in decision.

[alikhalid155]

i am not talking about out of course settlement brother i am just talking about accepting my offence before court by letter because summons which i received are telling me that i don't need to go in person to the hearing if i wish i could just send in a letter of mitigation

[Old-CodJA]

So far as I can see you can only say 'sorry to the court and give your apology to the rail company'. Make sure that you have filled in the 'statement of means' form correctly and explain your financial circumstances.

 

You can do this by letter and they will take that into account, but the Magistrates alway give credit to the person who recognises the authority of the Court and attends the hearing and says 'sorry' in person.

 

The reason that I suggested copying your appeal letter to the Court Legal advisor was so that they can see you have already attempted to mitigate the offence and apologise to the rail company. The rail company are not forced to accept your offer.

[rambo]

Say what you have to say when you get into court.

Although, IMO, it won't make any difference.

Useing someone else's freedom pass is a big no no.

[alikhalid155]

Brother can you plz suggest me some wording for the letter to court like you suggested for rail company. Plz i will be really thankful i am so scared of the court and the judge plz just give me some words i will be so thankful to you.

[Old-CodJA]

Brother can you plz suggest me some wording for the letter to court like you suggested for rail company. Plz i will be really thankful i am so scared of the court and the judge plz just give me some words i will be so thankful to you.

 

I am sorry if this reply is not what you want to hear and this is not meant to be harsh, it's just a case of putting things into perspective and ensuring that you learn from the experience. In my view, the best way to do that now is to understand that your actions got you into this and it's your actions that will get the best result for you in the end.

 

You have sent me two personal messages asking the same question in the last few hours and I make quite clear that I am not going to write your letter to the Court for you.

 

I have no problem explaining the procedures for people and explaining ways by which the effect of being reported might be mitigated, but I am not offering a free representation service nor will I do anything that appears to condone fare evasion. Using someone elses Freedom Pass in order to avoid a fare is stealing from the public purse. I have explained what you could try in order to see if you could avoid Court action for a first offence and have explained that the rail company did not have to agree. Clearly, they did not agree to that option and it is their right not to do so.

 

You now need to admit your guilt and to say 'Sorry' to the Court in your own words.

 

If I (or anyone else) were to write your letter for you it would have little or no value in my view. There is no point in me writing a letter of apology in language that you do not normally use just for you to copy it out with no evidence of sincerity.

 

You now have to accept that the prosecution is justified and say 'sorry' to the Court and Rail Company, sincerely and in your own way.

Edited December 9, 2011 by Old-CodJA

[llkkqq]

Dear Old-CodJA,

 

Why need 'cc to Magistrates Court'? Thanks in advance?

 

Best regards

 

Sorry folks, have been tied up with lengthy Courts days and other 'distractions'.

 

Will reply to PMs shortly.

 

It is never too late to find the right words to seek a settlement before the hearing. Sometimes, it might be possible to do this on the day of hearing, but it is always best to try as early as possible after you receive the first letter.

 

SRPO is right in that it seems London Underground are intending to proceed to prosecution, but that does not necessarily mean all is lost.

 

You don't say what date the hearing is and you don't need to, but if you have a few days to go I would write a letter along the following lines:

 

'I recognise that using my cousin's pass was wrong, but I am very sorry for all the inconvenience I have caused and wish to apologise to the staff concerned and to the rail company.

 

I have never been in any trouble before and am hoping to complete my studies with a clean record. I am very worried that a conviction for a first offence will have a very detrimental effect on my future likelihood of employment. I am asking you to allow me to pay any fares and your full and reasonable costs that have been incurred by my silliness in order to settle this matter without Court action'.

 

I can assure you that I shall never travel without a valid ticket of my own again

 

Send a letter by recorded delivery to that effect to the prosecutors' office and copy it to the Court Legal Advisor.

 

Make sure that you show 'cc to Magistrates Court' on the bottom of your letter to the prosecutor.

 

They are not obliged to accept it, but you may find that you get a chance to settle this matter. Do not rely on it and make sure that you write straight away and do not forget to sign your letter.

[Old-CodJA]

I already answered that here on 08th December.........perhaps you missed it.

 

The reason that I suggested copying your appeal letter to the Court Legal advisor was so that they can see you have already attempted to mitigate the offence and apologise to the rail company. The rail company are not forced to accept your offer.

[llkkqq]

Many thanks for your quick reply, OC.

 

I already answered that here on 08th December.........perhaps you missed it.

[shamsa01]

Keep trying send them an email.

[shamsa01]

you need to contact prosecution team not the london underground.send them an e mail.

[shamsa01]

Try calling them and ask for the manager or the assistant manager. I have spoken with him today he is a really nice guy. i am going through the same situation. There are so many wonderful people on this forum who are trying to help you. thanks