Southern Railway Prosecution

[Old-CodJA]

I did forget about that incident because I was never handed anything on that day, and I gave my full address to the officer. It was 3 years ago, so it did obviously slip out of my mind. I was flying out for a family issue, and I was assuming I would receive something from the toc to make things right and pay for my fare and any other cost. I never did, and I guess it is understandable that someone forgets about something after 3 years of no correspondence whatsoever.

I would have paid on the spot to the officer would I have had my wallet on me, which I had left in my office, and only had my passport for my flight. I would have more than definitely paid for any penalty included if I had received any correspondence.

I did not, and had to file a stat dec last week when I first heard of the matter. I am now trying to get an alternative settlement due to this situation.

To answer why I never tried to contact the toc: I completely forgot about this till last week, I never received any correspondence regarding this incident till last week either, and I didn't know either who was the toc involved, as I had taken the first train to the airport that was available at the station. I had been in London only for a few months, and the only "trains" I was accustomed to was the tube.

I made a mistake, I understand that it has a cost, and I was more than fine to pay for that mistake. I just never received anything about it till last week.

 

Regarding what's written in the notice of new hearing, it only days that my stat dec was received, and it mentions the time and date of my new hearing.

After a call to the court, it appears the actual date and time are not correct because they haven't even told the tic that I had filed a stat dec.

 

 

 

 

If you were reported for an offence you will not normally be handed anything. There is no obligation on the rail company to do so. You will normally be advised that a report will be made and that the company will be in contact at the address you have given in due course.

 

Normally the TOC will write giving an opportunity for you to give your explanation.

 

How long after you were reported did you leave the country and how long were you away?

 

There may have been other letters sent, but the company are not obliged to write asking you to pay, it was your legal responsibility to hold a valid ticket or pay at the time of travel (not later) if asked to do so. Staff are not obliged to ask for the fare if they believe that an offence has been committed.

 

Some time after that initial letter a Summons will have been sent to your address. How long were you away and have you changed addresses in the meantime?

 

If you were abroad for a very long time and did not return to the address that you gave as yours for correspondence, be prepared to show evidence to confirm that.

 

The Court office have an obligation to notify the prosecutor, but if they have only now notified the TOC that you have made a Statutory Declaration, then the prosecutor will normally issue fresh a Summons for the charge's to be heard and a new Court date will be arranged.

 

In my experience it is incredibly rare for such cases to be settled out of Court because the prosecutor will be incurring additional costs in revisiting the files and will want the Court to examine why you had not replied or responded to the earlier Summons in good time.

[Old-CodJA]

Not when someone, as in this case, has made a SD to that effect already; whilst not an oath, it is still perjurious.

 

 

 

 

 

Correct, when someone makes a Statutory Declaration they sign the form directly next to the following statement & warning that is printed upon it:

 

 

I make this solemn declaration conscientiously believing it to be true under the provisions of the Statutory Declarations Act 1835. (WARNING. Under Section 5 of the Perjury Act 1911, if you knowingly and wilfully make a statutory declaration that is false in a material particular, then you are guilty of an offence and liable on conviction to a term of imprisonment for up to 2 years, or to a fine, or both.)