SWT court summons, what to do next? - ** SETTLED **

[James-123]

Hi

 

In August of last year I was caught by an inspector on a train to Waterloo, with the wrong ticket. I had purchased a cheaper ticket that would not reach my destination, when I was questioned I panicked about the fine and initially gave a different address to my own. I then admitted this and signed the inspectors statement.

 

I won't make excuses, it was the worst decision I have ever made and was something that has caused me great pain and regret since. All I can say is that I was travelling up to a temporary work placement for which I was not getting paid and was short of money at the time, also my mum is a recovering alcoholic and had a relapse the previous day. These are the only factors I can give that contributed to what was a stupid and idiotic action. I cannot stress enough the pain and regret I have experienced since. It was a first time offence and I'm not usually the sort of person to get in trouble.

 

In December SWT sent me a letter asking for further details to which I duly responded, humbly apologising as much as I could and asking whether they would consider settling out of court.

 

I have just heard back from them yesterday as I have received a court summons to attend in February.

 

I have read many forum posts and believe the next step I should take is to ring them up and try to get them to agree and out of court settlement. Is this the best way to go about this?

 

James

Edited January 28, 2015 by honeybee13
Paragraphs.

[James-123]

Thanks for your reply and any help you can provide. I know I deserve it but this has been a nightmare over the last few months, I feel I've punished myself enough but anyway I just to get to the best possible outcome.

 

I will try and get in contact with them over the phone and see if there's any resolution we can come to.

 

If this can't be reached I feel the best thing I can do is submit a guilty plea by post, to try and get the fine reduced. If it came to this, would I still attend court? Firstly to speak to the prosecutor and if nothing can be agreed to apologise in court and admit guilt. What are repercussions other than the fine?

Thanks

James

[James-123]

Firstly i'd like to thank you for your advice, as much as i'm in the wrong for committing this offence, like i stated before this is not in my nature and was a first offence.

Despite my wrongdoings it means a lot to have helpful advise and information regarding the situation, to help me to gain the best possible outcome and try and put right what i have done wrong.

 

I will also state that i'm a student and am very worried about the implications this could have on my future. Going forward i intend to be as honest and helpful as possible in order to try and get this resolved. If i cannot settle out of court, i believe i will plead guilty by post to minimise the fine, i don't see any need for the witness to attend. If i pleaded guilty by post, do i need to attend court as well?

 

The charges are worded slightly differently but i believe the ones you have suggested are correct.

 

I will write to them first i think, i did try to apologise and offer to pay in my letter that responded to them asking for details about the event. However whether this is ignored as they were only concerned with the details at that point, i'm not sure. I will try writing to them again, particularly as i want to make my remorse clear and really apologise for what i've done.

 

How do i send the letter by signed for/recorded delivery?

 

Thanks

[James-123]

In the letter i write to them, should i address it to the prosecuting officer. The information i have been given is by Mr J Allan of SWT prosecutions department, i believe it would be best to address it to him?

[James-123]

Should i mention in the letter about my mother struggling with alcohol addiction and that she had a relapse just before the incident? This is not a direct reason for what i did or an excuse, but her illness has been deeply upsetting and difficult to deal with at times and has been going on for the last few years. I believe it has affected me badly at times and has clouded my judgement. This particular relapse certainly meant my head was not in the right place when i committed the offence.

 

I have written the letter out and will add a small bit about the above if that is suggested.

 

I hope to post it later today.

 

The court hearing is due on Feb 12th.

 

Any more advise from anyone would be greatly appreciated, thanks for your time.

[James-123]

Hi

Thanks for the reply, i did mention some of the above but only briefly and made it clear that this was not an excuse for my actions. I was honest and did not defend my actions. I have made clear all of your suggestions in the letter.

 

I am now trying to ring the department to try and speak to someone to follow on from the letter. However i cannot get hold of them, the number simply rings out.

The number i am ringing is 02380728022

 

Do you know of a different number by which to contact them? I am confused as to why no one is picking up the phone or why there is not answer machine or automated message.

 

I will keep trying the number for the time being.

[James-123]

I am now getting a message on my phone saying the user is busy, is there a suggested time for me to call them?

Thanks

[James-123]

I have spoken to the customer relations team who in turn spoke to the prosecutions department, who have said they received the letter and have asked me to attend the court hearing.

I would like some advice as to where to go from here, thanks.

[James-123]

When I contacted the customer relations team they told me they spoke to the prosecution department whilst I was on hold and they said to attend the court hearing, I asked whether they had received my letter and they said yes, it seems like they are ignoring it.

I have to admit I feel absolutely gutted at the moment and feel like my future is slipping away from me. I now feel I have no control of the situation

[James-123]

I am going to plead guilty by post and tell them that the witness need not attend. I hope to minimise the fine.

 

I know I would not need to attend court but I feel I should do so as it will be the last chance to plead to the prosecutor to settle my case out of court.

 

I'm absolutely gutted they have responded how they have, to be perfectly honest I am very scared for my future, particularly job prospects as I am still a student.

I had hoped the letter and fact it was a first time offence might have meant they would offer some leniency.

 

Any advise from anyone would be greatly appreciated right now. Thanks

Edited February 4, 2015 by James-123

[James-123]

Thanks for your help

 

So as I see it at the moment:

- I will plead guilty by post and attend court

- I can try to negotiate with the prosecutor before the hearing

- If I cannot negotiate I will make my apologies in the court and await the consequences

- I will be given a fine, how is this paid? Is it usually in instalments?

- I will then get a criminal record and recieve the above statements on my crb check?

- you suggest employers may be considerate with these offences? Would these only have worse implications just on certain industries such as law etc? I'm not looking to enter law or civil service etc

[James-123]

Hi

Thanks for your help again

 

I would like to ask how much money i should take with me on the day?

 

I believe it was mentioned this could total around £500, should i withdraw this amount to take with me?

 

Thanks

[James-123]

Hi guys

Thanks for your help

 

I will take the money with me, it is the majority of my savings but i can afford to live without it and am willing to pay quite a bit if that means i can negotiate a settlement.

 

I understand obviously that there is no guarantee of acceptance, but as i see it, the only thing i can do is try, i am still a student and it would be a relief if it could be settled.

 

I will think about what you have said, and will try to offer maybe £350 or £400.

 

The case is due in court on Thursday morning.

[James-123]

So just to round this up for anyone interested or in a similar situation etc.

I attended court on Thursday and spoke with the prosecutor, to my relief she produced a copy of an email they had sent me the week before offering a settlement. Stupidly I'd given them an email address I rarely use, although hadnt been looking out for an email anyway.

 

So the case was adjourned and I have since paid £300 plus they fare and the case has been resolved.

 

I am very very grateful to the help and guidance I have had on here, so thanks for that.

[James-123]

Just one more thing

 

I have received a letter saying that the case has been adjourned until 12th March, due to out of court settlement.

 

As I have now paid and been told the case is closed, I presume that i do not have to attend court on that date?

 

I presume that the date is set in case you are unable to pay and having paid I don't need to take any further action.

 

Could someone just confirm this?

Thanks