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    • Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.   The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%.. Did it get to trial ? or is that yet to happen ? 
    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
    • Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so. That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.   I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.   Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
    • Ok great, thank you I will give that a go tomorrow will let you know how I get on.    C
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Hi guys,

 

I need some urgent advice,

 

i just received three letters from Marston company asking me to pay three parking fines or they going to send a bailiff to take over all my belongings by 31st Jan 18.

 

My driving details have been stolen in early march 2017

i been informed by DVLA in June, that someone used my details to get the new licence but after providing some security details they issued me new licence.

 

When i asked if they found out who is the culprit then they told me that matter is with west Yorkshire police and i dont have to do anything.

 

After that

in september 2017 people from vw company came to my house to recover the car

but after clarifying every thing,

they advised me that i should report to the police as you are the victim of identity fraud

because someone got the vw car on finance and used my details and did not pay the installment.

 

I reported the police straight away and police gave me the fraud incident number,

the criminals also used my details and got the loan around £60k as well

but all companies who been [problem]med removed my name from their list after finding out that i am the victim of identity fraud.

 

Now Marston company want around £550 parking fines and not accepting the police incident number or dvla letter.

 

The Marston company wants police report,

when i asked police about the report

they said they do not issue the reports to individuals

but they made a new report specifically for Marston group

asked me to give the reference number to Marston

then they can contact police and police will provide the police report to them.

 

Now the problem is that Marston not accepting this

they insist that i have to proivde the police report as they do not contact to third party.

 

I do not know what to do

i am victim of identity fraud

Marston just want their money

they are making threats that i should resolve the matter by 31st

or they will come to my house to take all belongings.

 

I never received any letter from Marston before as the culprit used different address where i never lived,

now i received notices of enforcement to my address and i have no idea where shall i go from here

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you contact the council that issued the PCN's that marstons are chasing the fines of.

 

give them all the info inc the crime reference numbers.

 

marston are operating on behalf and under the orders of the council.

go to the grinder NOT their monkey


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Please can you tell us about the contact you have had with Marston. Have you been in contact with their customer helpline or as the information which you have received being given to you by one of the agents?


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Hi guys,

 

I just received three letters from Marston company asking me to pay three parking fines or they going to send a bailiff to take over all my belongings by 31st Jan 18.

 

Now Marston company want around £550 parking fines and not accepting the police incident number or DVLA letter.

 

Marston just want their money they are making threats that i should resolve the matter by 31st or they will come to my house to take all belongings.

 

I never received any letter from Marston before as the culprit used different address where i never lived, now i received notices of enforcement to my address and i have no idea where shall i go from here.

 

In the first instance, I am pleased to see that the Notice of Enforcement from Marston's are allowing you until the 31st January to make payment.

 

It would seem from your post that an individual has obtained a Volkswagen by deception and the matter is currently under investigation by West Yorkshire Police.

 

During the time that this individual has had this vehicle, he or she has managed to incur parking penalties. That being the case, the relevant local authority would have applied to DVLA for keeper details and presumably, DVLA responded with your name and address. If so, then you should have received three letters from the local authority (a Notice to Owner, a Charge Certificate and an Order for Recovery). Did you respond to any of these notices and if so, did you contact the local authority at the time?

 

PS: You would not have received any previous letters from Marston's as they are only obligated by law to send one letter called a Notice of Enforcement (which is what you have received).

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Why are you trying to deal with marstons?

They have the court orders and have to act upon them.

Speak to the council and have them cancel the orders. Easy really

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My driving details have been stolen in early March 2017. I been informed by DVLA in June, that someone used my details to get the new licence but after providing some security details they issued me new licence.

 

When i asked if they found out who is the culprit then they told me that matter is with west Yorkshire police and i dont have to do anything.

 

In September 2017, people from VW Company came to my house to recover the car, but after clarifying every thing, they advised me that i should report to the police as you are the victim of identity fraud because someone got the VW car on finance and used my details and did not pay the installment.

 

I reported the police straight away and police gave me the fraud incident number. The criminals also used my details and got the loan around £60k as well.

 

Now Marston company want around £550 parking fines and not accepting the police incident number or dvla letter. The Marston company wants police report, when i asked police about the report, they said they do not issue the reports to individuals but they made a new report specifically for Marston Group asked me to give the reference number to Marston then they can contact police and police will provide the police report to them.

 

Now the problem is that Marston not accepting this, they insist that i have to proivde the police report as they do not contact to third party.

 

It would seem from the above that you all that you have been given by the Police is a 'crime reference number'. That in itself is merely a report that a 'crime' has been reported (in much the same way if I was to report that my wheelie bin had been 'stolen').

 

Given that West Yorkshire Police appear to be investigating this matter, then common sense alone would tell you that they would not issue a copy of their report to you and I would be very surprised if they were willing to provide a copy to Marston's either.

 

Marston's are enforcing three warrants issued by the relevant local authority. Their role is merely to enforce the warrants and not to 'go behind' (in other words; to question the warrants). It would be for the local authority that issued the warrants to request that Marston cease enforcement whilst the matter is being investigated (hence my earlier question as to whether or not you had been in contact with the local authority).

 

Depending on your reply as to whether or not you had received any previous correspondence from the council, then the correct course of action would be for you to submit three Out of Time witness statements (or statutory declarations) to the Traffic Enforcement Centre. Such an application is a request to revoke the warrants etc (more on this later).

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Hi guys

i have not contacted the council yet

 

just to clarify

three letters from marston are for three different parking charges,

because culprit used different address

 

i never received any warning letter before

i just received three letters same date same day for three different offences.

 

Now back to the main issue

DVLA reported the matter to the west Yorkshire police in June

i did not report the matter by myself

 

when VW people came to my house to recover the car in September they advised me to report the matter to police as well

 

i reported the matter to action fraud team.

 

I will ring the Bristol city council in the morning will see what they say.

 

Just to add parking fines occurred back in May 2017 and DVLA found out in June

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Hi guys i have not contacted the council yet but just to clarify three letters from marston are for three different parking charges, because culprit used different address so i never received any warning letter before i just received three letters same date same day for three different offences.

 

Now back to the main issue DVLA reported the matter to the west Yorkshire police in June but i did not report the matter by myself but when VW people came to my house to recover the car in September they advised me to report the matter to police as well so i reported the matter to action fraud team. I will ring the Bristol city council in the morning will see what they say.

 

I assumed from your initial post that it was three separate parking debts.

 

You mention that 'the culprit' used a different address and that was why you had not received any 'warning letter' beforehand. What do you mean by this comment?

 

What I was trying to establish was whether you had received any previous correspondence from Bristol City Council (such as a Notice to Owner, Charge Certificate or Order for Recovery)?

 

Please post back once you have spoken with the council.

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Is the alledged fraudster known to the Op perhaps ? Ex ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Good question DB.

 

Many times fraudsters or con artists have some link to the individual enabling them to get financial and personal details etc. For example, they may have been an employee, a friend of a friend, even a builder or tradesman etc.

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you say 3 different addresses

but is it the same vehicle

or 3 vehicles that got PCN's?

 

Even a fake driving licence doesnt create a keeper liability so there is more going on here than you have mentioned.

 

However,

you have to take what you have to the people who issued the PCN's to get them cancelled or at least put on hold until they cane establish the truth of your statement in your request to get them cancelled.

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Hi guys when i say 3 parking fines i meant 3 parking fines for the same vehicle but the offences committed at the same place but different days.

 

I have no idea who is the culprit as investigation still going on DVLA told me the address which the criminal used to get new licence where i never lived so i assume that marston or Bristol city council sent any correspondence previously to that address but now notice of enforcement sent to my address.

 

I am still on the phone with Bristol city council waiting in the queue.

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I have reread your thread

 

it seems that you meant 3 events related to a single false address.

 

If the person used a different address how come marstons ended up at your house?

They cant execute a warrant there anyway.

 

If someone else has obtained your details from the DVLA then that means the DVLA have passed them on improperly as the dodgy ID would not relate to your actual address.

 

This is again something the council should be accountable for if they issued their NTK to the dodgy address as supplied to them and then asked for enforcement where you actually live becasue as far as they are concerned it is 2 different people.

 

This is not just about a driving licence as you know by now.

somebody has stolen your life

so you need to take steps to recover everything.

 

You will need to speak with your bank,

the police,

anyone who has accessed your credit files etc.

 

If you use mobile banking then think about getting another bank account

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V odd I have never heard of a vehicle on finance being purchased in this way pre contractual checks being what they are


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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You are right guys

first question

how DVLA issued the new licence in March without any checks

i never contacted DVLA regarding address change or lost licence as i had my own licence with me that time.

 

Its very odd someone pretending to be me contacted DVLA reported address change and passed all security checks,

 

the good thing is that VW removed my name from their list and all other organisations including banks removed my name from their list

 

even DVLA investigated and sent me letter acknowledging that i am victim of fraud.

 

I contacted Bristol city council

they told me to ring Northampton county court who issued warrant,

 

still confused going in circles.

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The Council are passing the buck.

 

They are the ones that started the process.

 

Northampton is pretty much a rubber stamping exercise.

 

Make sure you speak to someone in authority at the Council and not whoever just answers the phone.


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You are right guys

first question

how DVLA issued the new licence in March without any checks

i never contacted DVLA regarding address change or lost licence as i had my own licence with me that time.

 

Its very odd someone pretending to be me contacted DVLA reportedaddress change and passed all security checks,

 

the good thing is that VW removed my name from their list and all other organisations including banks removed my name from their list

 

even DVLA investigated and sent me letter acknowledging that i am victim of fraud.

 

I contacted Bristol city council

they told me to ring Northampton county court who issued warrant,

 

still confused going in circles.

indeed I wonder how the incongruous address would pass the credit search

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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UPDATE:

 

Around the same time that the OP was posting on here, he also posted his query over on MSE. I received a PM from him and offered my assistance.

 

It transpires that he has indeed been the victim of an elaborate fraud and following an investigation, in June 2017, DVLA alerted West Yorkshire Police. At that time, the fraud/deception had only involved an application for a duplicate driving licence in April 2017.

 

It was not until September that it was revealed that the fraud had also involved the acquisition of an expensive Volkswagen and various credit agreements.

 

This Volkswagen transaction only came to the attention of the OP in September 2017 when he received a visit to his home from representatives of Volkswagen seeking to repossess the vehicle.

 

After their investigation had concluded, they too were satisfied that the OP had been a victim of fraud and they took the step of placing a CIFAS marker on his credit report to protect him from further impersonation attempts.

 

A full and detailed explanation was provided to Marston Holding and a few days ago, they confirmed that they have returned the warrants back to their local authority client.

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Yes well done indeed BA.

 

Very interested in any more detail, particularity about how the fraud was perpetrated.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thank you BA for such a great help and guys yet not find out how this crime was executed still curious to know seems like investigation still going on as i have not heard anything from the police yet.

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Thank you BA for such a great help and guys yet not find out how this crime was executed still curious to know seems like investigation still going on as i have not heard anything from the police yet.

 

Thanks for bringing this on here, I have an interest in consumer credit well as bailiffs and I think it may be something for the various credit suppliers to answer for as well. On the face of it , it seems like very scant information was obtained, yet it allowed fraudulent access to so much credit.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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