Marstons linked me to someone else's case

[Keith Schieffer]

About 2 weeks ago from nowhere I received a notice of enforcement.  I say I did but actually on closer examination it wasn't actually to me just someone with a very similar name, I didn't spot this when opening the mail.  

 

From the information,  3 years ago, someone incurred a congestion charge penalty (to be clear this wasn't me), I've managed to get a few bits of information out of TFL and Marstons and it seems that this was a car hired by someone - TFL have the driving license from the hire company of the hirer and it doesn't match me, but Marstons have dug around and linked my current address to this case through an address where I had a business premises 10 years ago.  

 

I have offered to share with Marstons my driving license to prove it doesn't match the person they are seeking.  TFL won't take any action because they say it's with the court, but the legal advice I've had is that I have no business dealing with the court as it's only Marstons that have made the false link to my address, and it's not my case.  

 

I'm still concerned they may try it on anyway and show up, but don't know what other action to take.  

 

Any advice gratefully received to stop this going any further.  

 

 

[Homer67]

Wait for the experts but this might be a case where you need to 'do a swear' -  not literally!

 

A swear is a statutory decleration which is noted (I think) by a court, that should get Marstons cowboys off your back.

Edited April 13, 2021 by Homer67
typo

[dx100uk]

go Do a statutory declaration to TfL

the link to the forms is in this bailiff forum homepage that you found to start your thread

 

Dx

[BankFodder]

Do the statutory declaration immediately as advised above. Additionally, if you would like to send us an email on our admin email address with your full contact details and a Marston reference number, we might be able to get somebody to have a look at it correctly.

The information you provide will only be disclosed to Marston

[dx100uk]

here are the forms

 

Which to use For Which Offence. PE2/3, TE7/9. - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group

[Keith Schieffer]

Thanks I appreciate the quick response.  Are you talking about PE2 and 3? I took these to my solicitor on Friday and his advice was that I shouldn't complete them.  

 

The court have not made any judgement against me (because I have not committed an offence) but someone with a different name at a different address.  So I have no status to go to the court.  Marstons on their own seem to have made this spurious link.  

 

 

[dx100uk]

well the alternative is to just ignore marstons totally

there is nothing they can do even if they do turn up

there is no right of forced entry anyway 

 

the route via our admin email address might resolve this via another method and fruitful so do that too.

 

if that doesn't resolve it in the next few days i'd still use PE2/3 and simply gotto a local court and do it , forget your useless solicitor.

 

 

[BankFodder]

I've received your email – and I've passed your details on.

We won't hear anything more from Marston because of course everything is confidential – but maybe you could give us an update as to whether or not there has been some kind of resolution.

In the meantime, assume the worst and follow the advice given above.

[brassnecked]

If they did turn up and do the usual clamp any car they see they would be in hot water for sure, the y should see sense with the info provided.

[Keith Schieffer]

Thank you all, I really appreciate it.  

 

Without getting my hopes up, with the admin email route as a consumer group do you carry some influence?  

 

Also my solicitor did sign the Statutory declarations for me in case I did decide to use them.  His advice, which made sense to me, though was how could I challenge a case that wasn't against me, I have no idea about the validity of the court judgement, it's just simply not against me and that as a Marston error they should be the ones to correct it.  

 

 

 

 

[AndyOrch]

And he would be correct...you are not party to the claim...it is Marston error only they can correct it.  

[BankFodder]

1 hour ago, Keith Schieffer said:

 

Without getting my hopes up, with the admin email route as a consumer group do you carry some influence?  

 

 

No, we don't have any influence – but we do have a direct line of communication which sometimes can be helpful

[Bailiff Advice]

To avoid any further confusion here, TFL would NOT have the driving licence from the hire company.  That is not how it work. 

 

TfL would have issued a PCN as the daily CC charge had not been paid. The PCN would be sent to the address of the Registered Keeper...in this case; the hire company.

 

When hire (or rental company) receive a PCN, they will respond to request that liability be transferred to the HIRER of the vehicle and as such, would provide the name and address of the hirer. Somehow, your address.......(but not your name) has been linked. In the first instance, this is a very common problem. Secondly, as with all local authority issued penalties, a judgment in not recorded and a motorists credit rating is not affected. 

 

Just to clarify the position, an Out of Time Statutory Declaration may only been signed by the person whose name appears on the PCN. That is not you. 

[Keith Schieffer]

Thanks all useful info and pleased to hear the clarification on the Statutory Declaration. 

 

When I spoke to TFL they did tell me they had a copy of the driving license and even quoted me part of it, the DOB, which didn't match mine.  

 

They told me their "process" would only allow them to act on instruction from the court.  

 

I've been on with Citizens Advice today and they've given me an urgent referral to the debt team, so hopefully that's another avenue that might get an answer.  

[Bailiff Advice]

32 minutes ago, Keith Schieffer said:

 

 I've been on with Citizens Advice today and they've given me an urgent referral to the debt team, so hopefully that's another avenue that might get an answer.  

 

As the debt is NOT yours, there should be no need for any such referral. 

[dx100uk]

God dont go near cab or their mates

[brassnecked]

CAB would have you paying it and asking questions later possibly.  Have TFL now accepted they set the dogs on the wrong Jones?  Bearing in minbd they are jointly and severally liable with their Agent Marstons for marton's mess up.

[Keith Schieffer]

Still waiting to hear back from TFL, I sent them my ID yesterday, so keeping my fingers crossed.