Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I'm new to these forums but I think it's an excellent place to get advice
My problem is my mum, she is a pensioner and is starting to get very worried. A few months ago she got a letter through for a parking fine from the local authority, now she herself doesn't drive and doesn't own a car - she never has in over 70 years. After reading the letter she realised that although the address was right the name was different (she lives on her own and has for over 20 years).
She got in touch with the local authority and we thought that would be the end of it. Since then she has received six more letters and demands from local police forces in Bracknell, Oxford and now Poole. All to do with parking offences, threatening court action. We have tried to get into contact with the forces that instigated the letters and explain the situation but they told us to go to the DVLA, when we tried to go to the DVLA they said they could do nothing without it going through the police. We went to our local police station, to try and report this hoping that it would be sorted with the DVLA then but we were told there was nothing they could do, they wouldn't even go through to the DVLA to see what was registered under her address.
Today she recieved a letter from DVLALO asking for this fine to be paid or they will take it to court which could result in baliffs being sent in, She is now worried beyond beleif. We have tried on numerous occassions to get this sorted and have not been able to, every time we contact the forces involved we get told it will be dealt with and then she just gets more and more letters.
I hope someone can help, as I have no idea where to go next.
No bailiffs will be sent as she cannot lose any court case should one happen.
Because of the position she is in, I would not respond to these threats other than to tell then to put them where the sun don't shine.
She should welcome a court appearance, will be a nice day out for her.
Just write on the envelopes "Not known this address" and put them back in the postbox
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Thanks - We do put the letter back into the post every time and they still keep coming. A day in court would be nice it would mean we can get this checked out properly.
The one thing she is worried about is that this person is registered at her address (which is what we have tried to find out from the DVLA and the police). In this day of identity theft we are worried that someone is registered at her address when they shouldn't be. Also if this guy is running non paid fines up under her address that would also affect the credit rating of the property and as she says she has never been in debt for a day in her life.
It is no good the police saying they are not interested. A crime has been committed here, unless it is all an innocent mistake.
The first thing you could do is pop into the town hall and look through the electoral register for your street. Is there someone with the exact name but at say No 35 instead of 25 (or whatever it is)?
That way, you could find the person and pass those details to the DVLA.
If there isn't, then I would suggest someone has deliberately used your mothers address in which case that is deception, in the view of avoiding fines etc. That becomes a police matter and they have the capability of putting a marker on the vehicle to be stopped when seen. With ANPR everywhere thse days, it shouldn't take long. They can then establish the facts at the roadside and they won't accept anything less than a positive ID on whoever is the then current keeper.
You need to write to DVLA and tell them that your mother has never owned a car and that they need to remove her address as it is clearly causing distress.
You need to write to DVLA and tell them that your mother has never owned a car and that they need to remove her address as it is clearly causing distress.
Thanks for that informative input Pat. But obviously this lady IS the RK of a vehicle even if she doesn't own or kep one. She didn't buy a car. She didn't win one on a scratchcard from the newsagent. Some oik hads bought a wreck, registered it to her address and that is that by the sounds of it. Why else and how else would fdifferent police forces know to write there?
Ok, let me reword that. Obviously HER ADDRESS is the RK's address.
If the letters are addressed to Mr smith and she is Mrs Jones, she needs to do nothing other than report the theft of her postal address to the police, who as mentioned can put a marker against the car.