Mass identity fraud using www.akvehicle.com - - TfL penalties/PCNs Hire Vehicles not mine but in my name whilst abroad - now bailiffs - help!!

[helpneeded.]

I have received various enforcement notices relating to penalty charges for vehicles that do not relate to me. I have never had any connection (i.e. owned, rented, driven etc.) with any vehicle in the UK.

 

I think that the original penalty charges were sent to my old address and as I moved out of the country for a period of time I did not receive them. The only notices that I have actually received are enforcement notices delivered to my current address.

 

I challenged one of these via a TE7/TE9 form but my application was refused and so I had to pay £275 to go to court to contest the charge. I am yet to be given a court date. However, 8 more enforcement notices have come through my door and I am concerned that there are a significant number of fines in my name.

 

As soon as I received the first enforcement notice, I opened a case at Action Fraud and I have also given my details to Cifas but this isn't helping me currently. I've tried speaking to Transport for London but they haven't been helpful as they just say we aren't dealing with this now as the cases have been passed onto TEC and we can't assist with charges you suspect may have been occurred but don't have a penalty charge number for?

 

I've also tried sending letters to the DVLA but their response time is over a month and I have to action the enforcement notices quickly. 

 

Does anyone have any suggestions?

[BankFodder]

Can you tell us who are sending you this enforcement notices?

I suggest that you check your credit file to make sure that it hasn't been affected by some other transaction of which you are not aware.

You say that you've paid £275 to go to court to contest the charge. I'm a bit mystified about this. Of course I may not be familiar with all of the latest procedures but I don't understand why you have apparently been accused of something and you have to pay £275 to be allowed to go and defend yourself.

I suppose I don't really understand your story

[helpneeded.]

Thank you for your response.

 

Marston Recoveries sent the first enforcement notice (this is the case I am going to court over) and CDER Group have sent the rest. I had to pay to go to court because my initial out of time application (TE7 + TE9 forms) got rejected (no reasons were provided) and to appeal you have to pay a court fee. 

 

So far, my credit score appears to be unaffected. 

Edited January 4, 2022 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Who are Marston acting on behalf of? In other words who is the creditor?

You say that you have received notices in respect of a number of vehicles – how many?

[helpneeded.]

Marston are acting on behalf of Redbridge Council (via TEC) and CDER Group is acting on behalf of Transport for London (again via TEC). However, when I try to speak to Redbridge Council/TFL, I just get told that my cases are now with the TEC so they can't do anything. 

 

So far I have received notices in respect of 2 different vehicles - 2 notices (one from Marston and one from CDER Group) in respect of 1 vehicle and 7 notices (all from CDER Group) in respect of another.

Edited January 4, 2022 by dx100uk
unnecessary previous post quote removed

[BankFodder]

And what are the dates that the various enforcement notices refer to? Please give them in relation to vehicle one vehicle two?

[dx100uk]

you mean you are receiving notices of enforcement for various PCN's from marstons regarding redbridge council

and

Tfl via CDER group regarding congestion charges or is it tunnel fees?

 

looks like you have been a serial sufferer of identity fraud when you moved abroad.

 

 

[helpneeded.]

Yes essentially. I realise that is the case but I am not sure how to deal with it. I've tried to contact everyone I can think off involved but no one is assisting.

 

On 04/01/2022 at 13:13, BankFodder said:

And what are the dates that the various enforcement notices refer to? Please give them in relation to vehicle one vehicle two?

 

Vehicle 1

 

Enforcement notice 1 - Enforcement agent: Marston - Contravention Date: March 2021 - Date of enforcement notice: October 2021 - Action taken: Submitted a form to submit an out of time application. Redbridge council opposed and the application was rejected so I have appealed (cost £275).

 

Enforcement notice 2 - Enforcement agent: CDER - Contravention Date: March 2021 - Date of enforcement notice: 21 December 2021. Creditor: TfL

 

Vehicle 2

 

7 enforcement notices from CDER Group, all with contravention dates in March and April 2021. The date of each enforcement notice is 22 November 2021.

 

The notice advised that I contact CDER if I believed that the fines were not related to me so I contacted them as soon as I received the notices and they said to obtain a letter from the DVLA saying that the vehicle in question does not relate to me.

 

I sent a letter to the DVLA (only way to speak to them on such an issue) and am awaiting a response (they are being quite slow) but now CDER are saying that I will run out of time on 12 January and they won't put my case on hold any further.

 

The creditor is TfL in each case. 

 

Edited January 4, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote.

 

you need to file SD's via the correct forms for each one.

 

this has come about because you did not update people you had had credit with when you went abroad and the mailings they send out to your old address enabled scammers to have enough information/docs to be able to convince authorities they were you.

 

explain more about this court case with a magistrate? and where and this fee you've had to pay

 

can we confirm please WHAT the CDER notices are for we know TfL but not if they are congestion zone charges or tunnel charges not paid by a vehicle V5C registered in your name.

 

 

[helpneeded.]

Ok apologies. I am new to the forum so just figuring it out. 

 

Mailings weren't sent to my old address from creditors etc as my statements are all paperless. 

 

Regarding the court case: my out of time application was rejected so I submitted an N244 form to appeal. This costs £275 and means that I will get a court hearing for the appeal. I haven't been told when the hearing will take place. 

 

The 7 CDER notices relating to vehicle 2 are for congestion charges and the CDER notice for vehicle 1 is for a red route contravention. 

 

I can submit SDs for these but my fears are that the SDs will be rejected like my previous out of time application and that there could be hundreds of fines in my name. 

[Gick]

In no post have you stated whether or not you recognise the VIN to which these orders refer. Also it would help if you could confirm if you were/were not in the UK in March 2021 when these alleged contraventions occurred?

[helpneeded.]

I don't recognise the VINs. I have no connection with the vehicles at all and don't know who they belong too.

 

I left the UK on 26 February and so far, all the notices I have received have contravention dates in March and April so I was not even in the UK at the time of the offences.

 

Just to add to the above, I have a letter from my employer stating that I was working abroad from 28 February 2021 till 26 August 2021 on an international assignment and a passport stamp dated 27 February showing that I entered the country I moved to work on that date, which can evidence that I was not in the UK at the time of the contravention s that I have received enforcement notices for so far. 

[dx100uk]

then each one should be totally reset, and with out of country evidence, be quashed.

 

esp as you've never had any UK registered vehicles.

 

the old address and known issues such and ID fraud should be well known to both Redbridge and TfL.

 

you say you 've done relevant TE2/3 and TE7/9 for ALL known tickets/penalties (each one) as well as evidence of OOC status.

 

there was another case of this here not too long ago i'm sure ..i'll have to find it.

[Bailiff Advice]

I am confused as to why you had paid a fee of £275 to have a 'review' of the rejection of an Out of Time Application. In the past two years since Covid 19, I don't know of any motorist who has decided to seek a review by way of a PERSONAL hearing in court. The correct procedure would have been for you to seek a 'review' 'Without a Hearing', the fee would have been significantly less and you would have received a response within a few weeks. 

 

Second point:

In relation to the tickets for TfL unpaid congestion charge fees, you have the PCN numbers (which would start with TZ and be followed by 8 numbers). You also have the vehicle registration number. Have you viewed the actual contraventions on the TfL website in order to ascertain the make and model etc of the actual vehicle itself? 

 

I am making separate posts so as not to confuse matters. 

I have just read your initial post a 2nd time. You mention that you have tried speaking with TfL but that they cannot assist you as you do not have the PCN numbers. Is that still the case?

 

If so, have you called CDER Group to request the PCN numbers? They MUST provide this information to you!!

 

As you clearly have the vehicle registration number, then surely TfL should have been able to let you know whether or not there are any further penalties outstanding against this vehicle registration mark (VRM).

[helpneeded.]

I paid £275 because the fee for the charge that the bailiff has requested is in excess of 1.5k and my initial application was rejected.

 

An explanation of my case on paper didn't do the trick with the initial application, I fail to see why it would do the trick with the appeal and if the appeal is rejected, I will have to pay the massive fine (+ charge).

 

An appeal without a court hearing is £108, I thought it made sense to pay a little extra and be able to make my case in person to ensure that the fine was squashed. 

 

I do have the PCN numbers and the vehicle registration number.

I have researched the car info and know the make and model but I'm not sure how this really helps me?

 

The two vehicles in question are different vehicles. 

[Bailiff Advice]

Having the PCN numbers would allow you to be able to file Out of Time STATUTORY DECLARATIONS (not witness statements). You would need the forms PE2 and PE3 (not forms TE7 and TE9). However, there is absolutely no reason for submitting these appeals at this moment in time. 

 

Whilst it is helpful that you have a letter from your employer confirming that you had been overseas between the period of 28th Feb to 6th August, this will merely give you grounds in which to file Stat Dec's (on the basis that you were not in the Country at the time that the Penalty Charge Notice had been issued). This will NOT be sufficient to get the penalties cancelled. 

 

The reason being that according to Transport for London you are the registered keeper of a vehicle that had entered the TfL congestion charging zone without making payment of the daily fee. It is not the responsibility of the driver to make payment....it is the registered keeper. Until evidence is provided otherwise, you may have been out of the country but had allowed a friend/relative etc to have the day to day use of the vehicle. It is precisely for this reason that any Out of Time Application must wait until such time as you have received a letter from DVLA confirming that your name and address have been removed from their records as having any association with this vehicle. 

[helpneeded.]

Thanks. I am trying to obtain a letter from the DVLA but they are taking very long to respond to me and if I do not submit an out of time application, the enforcement agents will enforce and come to my house so I fear that I may be forced to do so without the letter form the DVLA. 

[dx100uk]

there is no right of forced entry.

 

just tell the bailiffs if you wish the car is not yours, the driver was not you, it is a case of mass ID fraud at an old address, you were abroad on employment during time of issuance and are putting in the forms .

 

 

[stu007]

Hi

Have the vehicles in question with the PCNs & VIN Numbers ever belonged to you at any stage? if NO

Wait for DVLA response (I know you have reported this to Action Fraud) but I would then contact the Police non emergency number and report this matter to them also (note the crime reference number)

Have you done a check on your Credit File?

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[Bailiff Advice]

As I mentioned in my post last evening, without the letter from DVLA, I cannot see that Out of Time Statutory Declarations would be accepted. I appreciate that DVLA are taking quite a while to provide a letter to you. Prior to COVID 19, it had been the case that DVLA would provide these letters (which by the way.....are VERY common indeed) by return email. Sadly, that is no longer the case as many DVLA staff have been working from home for the past 12-18 months.

 

Please remember that CDER Group cannot force entry into your home. Although they can seize goods, this would almost always be a motor vehicle and in this respect, they would be seeking to clamp or remove the vehicle that had been involved in the TfL contraventions. Well clearly they are not going to find this vehicle outside of your home !!

 

Although bailiffs can remove goods form INSIDE a property, they can ONLY do so if you either leave the door open or them...or your INVITE them into your home. Both should be avoided. And in any event, because of COVID, bailiffs are NOT wanting to enter residential properties, so please do not panic. 

 

PS: These type of debts do NOT lead to court judgments and are not recorded with credit reference agencies either.  

 

 

[helpneeded.]

Thank you so much! I will wait till I receive the letter from the DVLA then before filing.

 

To answer a couple of questions above, the vehicles have never belonged to me. I have never even owned a vehicle and I've never driven or done anything with one in the UK. The police direct me to Action Fraud as they are the agency that deals with such fraud matters.

[Bailiff Advice]

Thank you for your response. As you have never owned a vehicle in the UK, then CDER Group would have immense difficulty in enforcing any of the TfL warrants (or any other warrants that other companies may be enforcing). 

How long have you been waiting for the DVLA letter?

[helpneeded.]

1 month

[Bailiff Advice]

I have just sent a message to one of the moderators for you. 

[helpneeded.]

I've just spoken with the DVLA and they have confirmed that I have never been registered with the vehicle (will just wait for the letter).

However, they suggested that it may have been the case that someone has hired the vehicle in my name and then incurred the fines, which I think will make things more difficult.

I am not sure how to conclusively prove that I haven't hired the vehicle if someone has purported to be me