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    • Please see below for an extract from the letter more about my case.    You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
    • Hi,    I will look over your case shortly.   I am sorry for the delay.
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Benefit fraud publicity


Fludro
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Hi guys

 

Is anybody here familiar with what happens after a successful prosecution and the subsequent publicity that occurs? I have had a look online and it seems all councils publish successful prosecutions.

 

I wonder does anybody know if all prosecutions make the press or if in some circumstances they can be kept out of the press. What reasons might they be kept out of the press?

 

Thanks in advance

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Court proceedings are public in most circumstances, and the press is free to report on them. Whether they do so or not depends, I suppose, on how newsworthy they think the matter is and what else is going on that day that they might wish to put in the paper.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Are you planning on murdering someone? Or doing somethign stupid?

 

Please tell us more so the correct advice can be given

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK thanks, Just out of curiosity, if a person was to die before they were charged then would it still be reported in the press that they were being investigated? Or am I correct in thinking cases are only reported once a conviction has taken place?

Just curious at what point it becomes public interest.

Thanks very much for replying x

 

In the public interest is not the same as "some of the public are interested in it"

 

There are two conflicting human rights here : both of which are "qualified" rather than "absolute" : so it becomes a balancing exercise between the Press claiming their Article 10 right to freedom to disseminate information, against an individual's Article 8 right to private life.

 

Absent special circumstances (threat to life from information being published, the convicted being a juvenile and so on) I would expect that a conviction can be published. There will be a strong "public policy " argument in favour of allowing publication : both to dissuade possible offenders and to reassure the public that abuse of the money they pay towards a public safety net is taken seriously and punished.

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OK thanks, Just out of curiosity, if a person was to die before they were charged then would it still be reported in the press that they were being investigated? Or am I correct in thinking cases are only reported once a conviction has taken place?

Just curious at what point it becomes public interest.

Thanks very much for replying x

 

Jimmy Savile was never charged or Cyril Smith.

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You can't libel nor slander a dead person .....

 

Agreed but obv these were well known personalities who were never charged but were reported in the press so it can happen. In the scenario outlined by the OP it seems unlikely the press would have access to information about someone being investigated for benefit fraud, or would even be interested unless the circumstances were exceptional.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Agreed but obv these were well known personalities who were never charged but were reported in the press so it can happen. In the scenario outlined by the OP it seems unlikely the press would have access to information about someone being investigated for benefit fraud, or would even be interested unless the circumstances were exceptional.

 

True enough. Perhaps a better example would be Cliff Richard, who has not yet been charged with any offence. And it was well-known that that bloke from Corrie was being tried for a sex offence for quite some time before the trial actually started. But these are people who are somewhat famous. I can't see the press having information about Joe Bloggs being investigated for benefit fraud, or being interested in publishing it even if they did.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Fludro,

 

Everyone is anonymous here. .....

NO one is going to "Judge" you.

 

Tell us what has happened and there are "people" (CAGGERS) who will help.

 

As Post #4 SabreSheep said " Don't do something stupid".

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Fludro,

 

Everyone is anonymous here. .....

NO one is going to "Judge" you.

 

Tell us what has happened and there are "people" (CAGGERS) who will help.

 

As Post #4 SabreSheep said " Don't do something stupid".

 

 

I echo what F16 has stated above!

 

Please do talk to someone (even if you feel you cant speak about it on here) as if you are in a situation, then you need help asap.

 

We are here to help in anyway we can.

I don't suffer from insanity, I enjoy every single minute of it!!

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Just make sure that you co-operate fully at the IUC. From what you say it does seem you deliberately hid capital but by co-operating and paying any overpayment back you may be able to minimise the damage.

 

It might be worth consulting a solicitor.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just make sure that you co-operate fully at the IUC. From what you say it does seem you deliberately hid capital but by co-operating and paying any overpayment back you may be able to minimise the damage.

 

It might be worth consulting a solicitor.

 

Thanks

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Yes I did deliberately hide it, I admit that fully. I was making plans to leave this life and became obsessed with having enough funds for it. Not good I know but that is all I could think about at the time. No problems admitting everything or paying it back but worried about the publicity, it will finish me off.

Thanks for taking the time to reply though

 

I'd like to think that the interviewer will have some sympathy that you were in a bad place at the time. Please don't think I'm judging you, but playing devil's advocate, this went on for 4 years and you admit was deliberate. Just be honest because as you now know, dwp can find out the truth of your financial affairs, and if they catch you out in a lie you'll lose all credibility.

 

When is your interview?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Btw, the media won't know about an iuc, but I hope by cooperating you may avoid prosecution. Just concentrate on what's happening now and not what might or might not happen in future. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'd like to think that the interviewer will have some sympathy that you were in a bad place at the time. Please don't think I'm judging you, but playing devil's advocate, this went on for 4 years and you admit was deliberate. Just be honest because as you now know, dwp can find out the truth of your financial affairs, and if they catch you out in a lie you'll lose all credibility.

 

When is your interview?

 

Interview is not for a couple of weeks yet. Gives me a bit of time to consider my options I guess.

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I second the suggestion to seek the help of a solicitor before your IUC. This is especially the case since, while you do acknowledge that you did not declare the money, you do seem to have some mitigating circumstances that you would wish to be taken into account when the DWP decides whether or not a prosecution would be in the public interest.

 

The mere fact that an IUC has taken place will not be made public.

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I have no problem admitting any of it, I might even cope with court. Never touched a penny of it and only held on to it incase of the worst case scenario.

Anyways it is what it is and now I have to deal with the matters at hand.

If anyone here has been through it but managed to keep the details out of the press or knows about anyone who has please let me know it might give some hope.

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In the end this person wasn't prosecuted but there was never any mention of it in the press. http://www.consumeractiongroup.co.uk/forum/showthread.php?325989-Benefits-being-stopped-and-massive-bill&highlight=mandy

 

 

I hope that gives some reassurance.

 

 

Out of interest, have you seen a lot of cases in your local press of people being accused of benefit fraud?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks I will have a read of the link now.

I don't recall the specifics of any cases in my local paper until all this started because it was something I never thought about, perhaps glanced over the odd one here and there and thought nothing of it to be honest. But recently I have started reading lots, guess I am now primed to notice them.

Some cases even make the national press. One poor woman I read about was mentally ill and lived very frugally because she was worried about old age and saved all her money, she got prosecuted and they took it all back. I really don't think that needed to be in the paper.

I can understand it being an interesting story when people have had thousands and spent it on holidays and property but I think some cases should be dealt with more privately.

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So until this became an issue for you, you didn't notice these kinds of cases. No doubt others will be the same.

 

 

If it happens you'll have no choice but to deal with it, but no point worrying about something that

 

 

1. May never happen.

2. Is outside your control.

 

 

I'm a great believer in not worrying about things you can't do anything about.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think that's good advice from Caro.

 

If you are prosecuted the council may or may not choose to do a press release - depends on the councils policy. If you are prosecuted then it's in an open court and sometimes reporters go to court to see if there are any interesting cases.

 

If you are just interviewed and maybe get an ad pen then it's confidential & will not be in the press.

 

I suggest you forget about it & cross that bridge if it comes. Unless there is something interesting about your case it probably won't be reported

Please do not ask me for advice via PM as I will not reply.

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