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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
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Benefit fraud


sandygirl
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Hi, I have a friend who has just been given a court date for dishonestly claiming benefits. is there a difference between this and benefit fraud? this has been going on for 18 months and as she has mental health issues has really pushed her close to the edge, she admits she was wrong and is going to plead guilty. she had a letter off the dwp solicitors giving information about fines and how pleading guilty is best thing to do etc. does this mean she is likely to get a fine? does she have to go to court? she has commented that she'd rather die than go. any info much appreciated thx.

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Hi hunni,

I can't give you the help your friend needs but I'm sure others will pop by over the coming days.

To my mind 'dishonestly claiming benefits' would be the same as 'benefit fraud'.

I think your friends mental health condition is important. I appreciate it may be very difficult for her, but it may be much better for her to attend the court so that the magistrates can better see and understand her condition in relation to what has occurred. It may well have mitigating factors.

Best wishes to her.

Rae

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Hi sandygirl

i agree with Kelcou exept for magistrates court, although it is a seems quite a lot more pressure, your friend should elect to be tried in County Court. Magistrates court seem to treat the offence a very heavy hand, were as County Court looks into all mitagating circumstances, HEALTH, how quickly your held your hand up to the offence and the fact your are ( I presume) making good on repayment mis-claim.

keep your friend calm as stress can only make it worse

Your friend should get in touch with a solicitor. I believe they would give you the same advice.

 

best of luck for your friend

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dragonkeeper, interesting post. This is not my forte so I'm not aware of whether you can change courts etc. I will say that I have - over many years lest anyone think me more of a scalliwag than perhaps I am - attended both magistrates courts and county courts. The latter have certainly been more humane. [That said, of course, I guess it may be dependent on the reason]

Perhaps an area to investigate?

Best wishes

Rae

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Your friend MUST attend the hearing and this will be clearly stated on the summons. If they do not a warrant is likely be issued for their arrest. Magistrates courts will refer cases to Crown Court if the seriousness calls for a heavier sentence than they can impose. If your friend pleads not guilty the case will be referred to Crown Court. Be aware that if your friend is then found guilty a Crown court is likely to impose a heavier sentence than magistrates. County courts only deal with civil matters.

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:oops: Sorry sandygirl

 

in my previous I should of said Crown Court as in Animal lover post.

While the magistrates court can deal with your case, you can still elect to have heard in Crown Court. Your solicitor will be the one best suited to imform you as he will have all your relevent facts.

Again sorry for my slip with the wrong court.

Edited by dragonkeeper
incorrect word put in
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No-one can pre determine the punishment a judge will impose. Particularly as there are no details in regard to the case.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Because this is one of the punishments that can be imposed. They may well be considering a fine instead of going to court and be trying to negotiate a plea, in the same way that an advocate can impose a fine (In Scotland known as a "fiscal fine") as a direct alternative to court if a person is prepared to plead guilty to the offence.

 

The income and expenditure form will be so that they can determine and negotiate an acceptable rate to pay a fine if that is the punishment that is imposed.

 

She may also receive a form like this for the purposes of repaying the overpayment which resulted from the fraud. In every case of fraud the money obtained dishonestly had to be repaid; this will be in addition to any other punishment imposed.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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If they are planning offering a fine as an alternative, then they will discuss it with her defence solicitor, and her solicitor will in turn discuss it with her. It is very unusual to do this after a court date is set but it isn't entirely unheard of either. But as I said they may well be just gathering the information so that they negotiate the payments if a fine is imposed.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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you're right about mental pressure, it's been 18 months of nothing and now this, cruel i call it. she co-operated fully and attended interviews even though she needed tranqs to get her there.

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Hi sandygirl

 

Unfortunately it may get a bit more stressful down the line, but you seem to be a good friend to her, just try and keep her calm as there is a light at the end of the tunnel.

as for further advice to save clouding the issue's my thoughts are similar to ErikaPNP (site team), but I'm still here for moral support.

the more she worries the worse it will seem.

Now it's time to think positvely

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Re: please help - interview under caution

http://webcache.googleusercontent.co...&client=safari

 

 

This appears to be an exam for Trainee Local Authority Fraud Investigators in Scotland.

 

I really don't see the point of putting it on here. There's nothing in it you won't be able to look up elsewhere (if you really wanted to know it!), it doesn't give away any secrets/methods & I can't see it helping anyone with their problems, only confusing them further.

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