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Mass identity fraud - TfL penalties/PCNs vehicles not mine but in my name whilst abroad - now bailiffs - help!!


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I've just spoken with the DVLA and they have confirmed that I have never been registered with the vehicle (so 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

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If it was a hire vehicle then the enforcement would have been against the hire company not against you.

 

It would have been a separate action against you to recover a debt

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typically the hire co. will fwd your details to the relevant authorities.

from them, they would know it was a hire car and would tell you so if asked.

 

they would also levy a charge to the payment method, so if it was someone else then they must have used a differing named card to pay the hier and the charges .

that would tell you who has done this

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It is very common for parking penalties to be issued against a hire company and what happens when this occurs is this:

 

A Penalty Charge Notice would be issued against the registered keeper of the vehicle.

 

Purely for the sake of example, a vehicle had been hired from Zipcar. The Penalty would be received by Zipcar and once received, Zipcar would return the Penalty back to Transport for London (for example) and request that Liability be transferred to the vehicle hirer. They would provide the name and address of the hirer and this information would come from the Hire Agreement.

 

It is not easy for a hirer of the vehicle to provide somebody else's name as the hirer. This is because; almost all vehicle hire companies, will also request sight of the hirer's DRIVING LICENCE. The reason for this being that Zipcar would need to satisfy themselves that the hirer:

1. Held a valid driving licence

2. That the hirer was not banned from driving

3. Was a UK resident.

 

The hire company would also request a valid credit or debit card. 

 

As I have advised before, you really should call Transport for London. When doing so, you would need to provide the PCN number and vehicle reg number  for one of the tickets. Simply ask the operator to confirm the precise name and address where the INITIAL Penalty Charge Notice had been sent.

 

If the operator refuses to assist you, I would suggest that you advise him or her that you will be looking to make a Formal Complaint 

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Ok thanks both. I have called TfL and asked that query: they said the original PCNs were sent to my old address, which is the address that they have as registered with the vehicle and that is all they can say. I called the DVLA and they said that such address is not registered with the vehicle with them. 

 

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Did tfl actually confirm what they think was your old address or just said sent to your old address without telling you rhe address and you not checking or telling them what ut actually is?

 

something is not sitting right here too me?

 

tfl would only get an address from the dvla and they say otherwise...weird.

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I told them my current address and that was not the correct one. So then, I said it the address xyz (i.e. my old address) and they confirmed this was the case. I told them what my old address was. 

 

That is what TfL have told me too but the DVLA have told me that either of my addresses have never been recorded to the vehicle so I do not know what has happened here. 

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relayed from Bailiff advice:

 

I would suggest that you send a copy of your letter that you sent to DVLA to the following email address (sent by a PM from DX).

 

In the email subject box, ensure you state the following:

 

VERY URGENT. Demands from TfL for unpaid congestion charges. Action Fraud advised. Vehicle Reg: xxx

 

 

Kind regards

@Bailiff Advice

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

TfL have conducted their investigation into the matter and they informed me that I am the nominated hirer of the vehicle and liability of the fine was transferred to me correctly as they received a valid hire agreement form the registered keeper of the vehicle.

 

It sounds like liability was transferred to me after the fine was obtained but as mentioned, I have never hired a vehicle.

 

Does anyone have any suggestions for what I can do or how this happened? The only thing I can think of is that someone created a false driving licence and purported to be me?

 

Separately, I received the letter from the DVLA stating that I am not the registered owner of the vehicle but it looks like that alone won't assist me now.

Edited by dx100uk
block of text spaced to paragraphs
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Send an sar to the hire company

send one also to tfl

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how about checking with DVLA if there is a driving licence issued on your name?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

When did you get the letter from DVLA and what exactly does it say?

 

This changes everything. So the vehicle in question, belongs to a hire company.

 

You need to get back to TfL as soon as possible. 

They have confirmed to you that they have received a copy of 'a valid hire agreement' from the hire company with your name on it. Excellent.......You need a copy of this 'hire agreement' right now.  They must provide it to you. 

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The letter from the DVLA says that there is no record of me being the registered keeper of the vehicle and they advise me to use the letter of evidence of that fact.

 

I will ask TFL to provide a copy of the 'valid hire agreement'.

 

I will ask the DVLA about them having record of a driving licence in my name. I have a foreign driving licence but have never registered/used it in the UK so I don't think they should have record of it.  

 

With regards to sending a sar, apologies for my lack of knowledge, but what is a sar?

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click sar.

 

as for a foreign driving licence, is it valid,  'could' you have used it to hire a vehicle (even though we know you did not) on a like hire agreement, so thats why you need proof of otherwise it was not you.

 

as for not being the registered keeper, you won't be, and you knew that, it was a hire vehicle.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks, I'll take a look at the page.

 

It is an EU licence which is valid in the country it was obtained. I assume that I could in theory start using it straight away in the UK but have never looked into it as I have no need to drive. 

 

Yep I know. Doesn't seem like it is too useful now but still good to have I guess. 

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  • 3 months later...
Posted (edited)

As mentioned, I had submitted an N244 form and I went to court today.

 

The judge said that she would grant me a 14 day extension but I am slightly confused as I thought that if my out of time application was granted the notice would be cancelled and reissued (I submitted the TE9 form together with a TE7 form).

 

I queried next steps with the judge and she said she couldn't help.

 

Should I submit a TE9 form again? 

Edited by dx100uk
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Ok So did TFL ever give you details on where the Vehicles were hired from. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Posted (edited)

This one relates to the Redbridge council penalty charge and I have found out that for this one, the vehicles were hired from a company called AK Vehicle Management Limited. I've never heard of them, there isn't much info online about them and they ignored a SAR request that I submitted.

Edited by helpneeded.
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When did you send the sar?

They must respond in 30 days.

its a legal requirement the can be enforced by the ICO and court.

 

did you get a copy of the hire agreement from tfl as @Bailiff Advice advised?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Posted (edited)

Whatever you do, do NOT submit either another TE7 or TE9 !!!

 

As the Out of Time application for the Redbridge PCN had been rejected, you were given the option of seeking a 'review' of the rejection by way of an N244 Application. In seeking a 'review' you would be required to outline REASONS as to WHY you considered that the application should NOT have been rejected by LB of Redbridge. The letter from the Traffic Enforcement Centre (advising you of the rejection), does NOT provide the REASON for rejection. Instead, you would need to rely upon the Statement of Truth from Redbridge. I suspect that Redbridge failed to provide you with a copy. Before filing the N244, you should have requested a copy. TEC could also provide a copy to you (they were charging a fee of £10 for such requests....I believe that the 'photocopying' charge has recently increased). 

 

An N244 is a general application. What were you requesting from the court? What information did you provided on your application?

 

Almost certainly, you need to wait to receive the formal Order from the County Court. The Court will also send a copy to TEC. 

Edited by dx100uk
unnecessary previous post quote removed
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4 hours ago, helpneeded. said:

This one relates to the Redbridge council penalty charge and I have found out that for this one, the vehicles were hired from a company called AK Vehicle Management Limited. I've never heard of them, there isn't much info online about them and they ignored a SAR request that I submitted.

 You are correct, there is almost nothing available online for this company. However, (and it could be a coincidence) but a google search on one of the directors does reveal a Gumtree advert for '71' plate electric cars for rent that are 'UBER ready' and PCL Approved'. Might be worth a look.

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