Tram fine - Stat Dec - what happens now?

[zapata]

Hi,

 

.In 2009 I made the mistake of jumping on the tram from West Croydon to home (Addiscombe) without paying as topping up my oyster would have meant missing the tram (I know).

 

Ticket Inspectors (and maybe Transport police, I don't recall) got on at East Croydon and my details were taken.

 

I was told I would get a fine, and I could appeal.

 

Fast forward three years and a 'removal notice' from Marston's arrives at my mum's address (I've been without a fixed address for years now), apparently I owe £592.

 

I called the bailiff and told him I wouldn't pay him £215 to turn up at an address I don't live at, but I would pay the rest.

 

He said no, and assured me that no matter what happened I would end up paying him in full because 'they always do'.

 

I did a little bit of research as that amount seemed excessive, seeing as I'd never even been sent a fine.

 

Apparently I was convicted (of Fare Evasion I think) in my absence in 2009.

 

I read about making a statutory declaration and did so at City of London Magistrates yesterday morning - the inital case was at Wimbledon apparently.

 

My declaration was more than 21 days after I found out but nobody at City of London raised that as an issue.

 

Once I'd finished the people at City of London told me they couldn't get through to Wimbledon to book another court date and told me to.

 

I rang them yesterday and now have a court date on the 14th of February.

What I need to know is, what happens next?

 

When and how will I find out if my declaration has been accepted?

 

Will I be summonsed again or should I just turn up if I hear nothing?

 

What happens at the new court date, will I have to explain my circumstances as to why I never knew about the previous hearing?

 

Is there any opportunity for me to attempt to settle out of court with TFL?

- I'd really like to avoid a conviction for not paying something like 70p

 

Thanks to whoever for the edit, I was a bit lost trying to work it out.

Edited January 22, 2013 by zapata

[unclebulgaria67]

I will ask the site team to move this to the transport/oyster bit of the site, as you are more likely to get an informed response. My advice for what it is worth is to use the hearing to explain your situation, apologise and try to come to an arrangement to pay a reduced amount e.g. penalty fare amount.

[maroondevo52]

Thread moved.

[zapata]

Thanks.

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later, as and when their day jobs permit.

 

I'm not one of the experts, but my understanding is that by signing the Stat Dec, you have reset the clock to where your original case was before the court hearing. I don't know if you can still try to negotiate with the transport company at this stage, but someone will. Do you have any paperwork from them or just the court reference/s please?

 

My best, HB

[zapata]

Hi, thanks for your reply honeybee

 

I have only ever received a removal notice. Nothing from tfl, and nothing from the courts. I moved out of my flat not long after the tram incident. I only managed a glimpse of the court papers yesterday to see the offence and the decision of the hearing.

 

Is there any chance that my Stat Dec will come back as rejected?

 

I do have a Case # on my Stat Dec, but that's it

[honeybee13]

Hello again, thank you for that.

 

I'm sure people in the know will be along with advice for you, please bear with us.

 

HB

[Old-CodJA]

Your initial post is a little confusing.

 

When you went to City of London Magistrates Court, did you make your declaration on oath that you did not know anything about this prosecution in front of Magistrates?

 

If so, and that declaration was accepted it will have been signed, stamped and dated by the Court. That action sets aside the original judgment and TfL are free to issue fresh Summons without time constraint.

 

 

If this did not happen, it would appear that your Court date on 14th February may be to make a fresh Statutory Declaration.

 

If you can clarify that, we may be able to help with other suggestions

[zapata]

Yes, I swore the declaration in court, in front of Magistrates. It was signed and date-stamped.

 

This is why I was confused, as I don't know exactly what the new court date is for, but I was told I had to arrange one.

[unclebulgaria67]

Yes, I swore the declaration in court, in front of Magistrates. It was signed and date-stamped.

 

This is why I was confused, as I don't know exactly what the new court date is for, but I was told I had to arrange one.

 

The new hearing will I presume look at the original case and decide what penalty you have to pay.

[zapata]

Any chance of settling out of court / not getting a criminal record then?

[honeybee13]

Any chance of settling out of court / not getting a criminal record then?

 

Hello again.

 

You need someone with a bit more specialist knowledge to answer this for you. Normally, you can try to negotiate with the TOC up to the court date, but I forget how it happens when there's been a Stat Dec.

 

HB

[Old-CodJA]

If it has been accepted that you knew nothing of the original action, you could contact the TOC, explain the piosition from your perspective, apologise and ask if they will allow the case to be resolved by administrative disposal.

 

There is no guarantee they will agree, but after a Stat. Dec. you are in exactly the same position as someone who is faced with the pre-summons letter first time around

[zapata]

Thanks, I have one last question if you don't mind: am I likely to hear from TFL again? Or will they skip that stage and I'll only hear from the courts?

[Old-CodJA]

Thanks, I have one last question if you don't mind: am I likely to hear from TFL again? Or will they skip that stage and I'll only hear from the courts?

 

The Court will notify TfL prosecutors that the original conviction is set aside and that they are free to re-issue a Summons

 

The next that you hear if anything and if you do not contact TfL, may well be a that new Summons to Court arrives with you requiring you to attend for hearing the allegation before Magistrates

[zapata]

Hi again,the court date that I booked is tomorrow, but I still haven't received a summons, or any other correspondence from tfl or the courts.I was hoping to plead guilty by post but haven't had any opportunity to.Should I turn up tomorrow?

[honeybee13]

Hello again.

 

Are you able to ring the court to ask what's happening? I think that's the quickest way to find out.

 

HB

[citizenB]

As advised, speak to the court and yes, I would turn up if you have been given a hearing date.