Penalty fare case settled in my absence...

[Stylus_XL]

Hi,

 

I have just received a notice through the post referring to a fine I have to pay for £300. At first I believed it referred to a offence I admittedly comitted in February 2010 (and paid), but it refers to something prior to that (June 2009). The problem is this "previous incident" didn't happen!!

 

I've been told by the Central Finance Unit to sign a statutory declaration at my local magistrates court. I have no idea why that is exactly, I've never been to court before and this is confusing. I phoned up the court and asked someone if they could explain and they said "the case was settled in your absence in March 2010". I said "can you forward me the details of the proceedings since it concerns my name?" he said "no it doesn't work like that. If you weren't aware of any of this then that's your arguement, and you should sign the declaration". He may well be right, I have absolutely no idea.

 

Does anyone know how I should proceed in this situation? If I sign the declaration am I inadvertently admitting that this took place? What should I do?

 

Sorry if this isn't detailed enough, let me know and I'll fill in the blanks. I also apologise in advance if this information is explained elsewhere, I'm not entirely sure what I should be searching for.

 

Cheers,

 

Stylus

[honeybee13]

Hello there, welcome to the forum.

 

The guys don't seem to be around atm, but I'm sure they will be able to advise you once they're able to visit the forum. Please bear with us until they turn up.

 

My best, HB

[Grotesque]

If you sign the SD it is without prejudice and means that the railway complany will have to re-lay the papers before the court again, given you the chance to attend and plead 'not guilty' if you like. If you don't, then at this time, you have been found guilty and are deemed to have accepted the offence and the awrd of punishment so you expected to pay three hundred big fat smackaroos.

 

SD for you, comrade!

 

PS: was this actually a railway offence you were convicted of? Just wondering if this is in the right sub-forum, that's all.

Edited September 8, 2011 by Grotesque

[Stylus_XL]

Hi there guys and thanks for responding!

 

Yeah this is in regards to an alleged railway offence, and providing the penalty fare system had not changed by the time I was *rightfully* fined for a separate offence later in February 2010 then the original fine would have been for £20.

 

Also, does this also now count as a CCJ or does that only apply to loans...?

 

Cheers,

 

Stylus

[Grotesque]

Yes it would but a non-paid or appealed penalty will generally be automatically be processed for prosecution; if found guity in absentia then £300 is round about the oing rate on conviction, including costs etc. Not a CCJ. Just a CRIMINAL RECORD, depending on the original charge, and possibly recorded on the Police National Computer if prosecuted by the CPS rather than the TOC.

 

Nice one!