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Summons help

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  • System
    System Posts: 178,340 Community Admin
    10,000 Posts Photogenic Name Dropper
    See http://www.justice.gov.uk/criminal/procrules_fin/contents/rules/part_04.htm#IDAAOH4B. Just leaving it at his house is sufficient for it to be classed as served.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • griff2010 wrote: »
    What is the next stage after they have tried to serve the summons by recorded delivery? I pursume they have tried to serve him by the summons guy, I have heard in the past that you can just keep avoiding them, As he hasn't been charged with anything by the police and therefor it's just a private matter. I doubt very much he would need to leave by a false passport as i say again he wasn't charged with anything by the police :)

    He doesn't need to be charged by the police. He is being prosecuted directly by the train company under their bylaws.

    If he is evading attending Court the Trial will go ahead in his absence and depending on the seriousness of it he can be found guilty and sentenced in his absence or the Court will issue a warrant for his arrest to ensure he attends Court.
  • The Banker. He knew it would be them with the recorded mail as he hadn't ordered anything and knew that this was the next step,

    Claeric They would need a sig as this happened over a year ago, How do they know he was still living in the same address.
  • griff2010 wrote: »
    The Banker. He knew it would be them with the recorded mail as he hadn't ordered anything and knew that this was the next step,

    Claeric They would need a sig as this happened over a year ago, How do they know he was still living in the same address.


    errrrr how about the electrol roll, benefits agency check, HMRC check, DVLA check etc etc all of which the train companies solicitor will have acces to.

    Believe me, they do not need a signature. I issue summons for totally different matters and rarely get a sig, we certify we delivered it to said address thats all
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    griff2010 wrote: »
    There is a train company trying to serve a summons on him for being drunk, But so far he has avoided it, He told me they tried to send out a recorded delivery summons by the royal mail but he never signed for it, Does anyone know what happens next so I can pass the info on to him as even though he isn't to worried he id annoyed that they can't get the message that he doesn't want to attend,

    I asked him why he won't go but he said that the train conducters made up a pile of lies to get him in more trouble with things like threats to kill and racial abuse though i know myself he is not that type of fella even when he has been drinking. QUOTE]

    So, he'be be annoyed that they can't get the message he doesn't want to attend? Does he think he is above the law? He doesn't have to attend - he can plead guilty by letter.

    And believe me, train conductors will only get involved with drunks etc if they are really drunk and abusive ....they don't get paid enough to risk their lives, as one told me on one occasion when I asked why they wouldn't do something about a drunk on a train !

    He's guilty - otherwise he would be going to court with witnesses to prove that he wasn't!! Just tell him to write & plead guilty!
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    griff2010 wrote: »
    I was just wondering what happens after they have tried to serve a summons by recorded mail. What they will do next? :)
    the court will send a summons via 1st class post
    recorded delivery summons are returned to sender straight away and no red card is left if theres no answer
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