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

[The GodMother]

Thats what l meant. The person would need to provide lots of paperwork to say they can legally drive etc 

[helpneeded.]

It's been significantly over 30 days and the company have not responded to the SAR. I can try to contact the ICO but will that really help me. 

 

I've received a redacted copy of the hire agreement relevant to those PCNs in response to the TfL SAR and there is a hire contract in my name but clearly someone entered into that fraudulently.

 

The out of time application was rejected by the court so I filed an N244 form to appeal that. I've received the witness statement from Redbridge where they oppose my initial out of time application. It essentially says that they send me notices and reminders etc..

 

In any case, the court set a hearing for my N244 application (which was yesterday) and granted me a 14 day time extension.

 

The question I have is what is the time extension for seeming as I submitted a TE7 form with the TE9 form back in October.

 

To submit another TE9?

[The GodMother]

No further details on the hire agreement like where live photocopys of documents etc. 

 

Who is the hire company. 

[helpneeded.]

There is just my name and my address and a signature which is redacted on the hire agreement. The hire company is AK Vehicle Management Ltd. 

[Bailiff Advice]

I will ATTEMPT to keep my answer simple.

 

If a PCN remains unpaid after 28 days, the motorist loses the right to appeal or to pay at the earlier discounted rate. A  Charge Certificate will then be issued and the debt increases by 50%.

 

If payment is not made within 14 days, the local authority may REGISTER the debt at the Traffic Enforcement Centre. A 'registration fee' of £9 will be added.  Registration does not mean that a judgment will be entered.

 

When registering the debt, the local authority will issue a 3rd notice called an Order for Recovery. The  motorist has 21 days to EITHER...pay the amount outstanding....OR...file the attached Statutory Declaration (or Witness Statement). A valid Statutory Declaration (Witness Statement) submitted within 21 days will ALWAYS revoke the debt registration. It is important to stress that this will not mean that the PCN itself is cancelled. The local authority  can then reissue the original PCN and the motorist may then either appeal...or pay at the earlier rate. 

 

A Statutory Declaration /Witness Statement (form PE3 or TE9) may still be submitted AFTER 21 days, but it will have to be accompanied by an additional form called Form PE2 or TE7 (Application to file a Statement Out of Time/Extension of Time). Such an application will NOT automatically revoke the debt registration. Instead, TEC will forward the application forms to the relevant local authority and the council are given 19 business days in which to decide whether they are willing to accept the reason given by the motorist as to why they could not file their Witness Statement/Stat Dec within 21 days. If the local authority refuse to accept the reason given, the motorist can then file an N244 Application. There is a fee to pay of £109...or £275 for a hearing in person. 

 

In your case, the District Judge has decided to EXTEND THE TIME in which you can file your application (Forms TE7 and TE9). TEC will now process the original forms already filed.  You are NOT required to submit new forms. 

 

If they wish, Redbridge Council may re-issue the PCN to you (at the earlier rate). You will then be able to either pay...or appeal the contravention.  

 

 Sadly, you will not be able to claim back the £275 court fee. 

 

[helpneeded.]

Thanks @Baliff Advice - that is understood.

 

In that case, I won't file any additional forms and will await the re-issue of the PCN by Redbridge Council.

 

Do you by any chance know if they will re-issue it to the address on my TE7 and TE9 forms or if they will re-issue it to the same address they first issued it to (which I moved out off and hence didn't appeal in time etc.)?

[helpneeded.]

I've spoken to the TEC and they have asked me to re-submit a TE9 form and provide evidence of the judgement. 

 

I am trying to obtain evidence of the judgement as I haven't formally received evidence/a letter from the court but I think best to re-submit a TE9 form before the revised deadline in any case if that is what the TEC are asking for?

[Bailiff Advice]

This is complete madness. There is NO Judgment recorded against you. I am assuming that what TEC are referring to is that they require a copy of the Order from the Court that held your hearing. 

 

Have you spoken to the Court? I would suggest that you do so.

[helpneeded.]

Yes, I think that is correct. I've spoken to the court's general services and then said it can take up to 21 days for a copy of the order to be delivered to me so I should email them asking for confirmation of the order, which I did earlier today. 

[Bailiff Advice]

As TEC have not as yet received a copy of the Court Order, then enforcement of the warrant would still be 'on hold' so I would not worry at this stage. 

 

Please do post back once you have received the Order. 

 

PS: I am adamant that TEC do NOT require a fresh TE9!!

[helpneeded.]

I understand from the TEC that their warrant is currently on hold so I am not concerned there, however, my concern is related to the time extension order expiring. I was given a 14 day time extension so if I need to do something, I need to do it quickly, i.e. before 10 May. 

 

I also don't have any problems with re-submitting a TE9 form. I'll provide updated address details (I've moved house again recently) and the administrative burden is far outweighed by knowing that it can't be said that I didn't submit forms within my time extension.

[helpneeded.]

Unfortunately, I have now received another notice of enforcement from Newlyn (enforcement agent) relating to a PCN issued by Waltham Forest council.

 

I've spoken to the council and insisted that they take control of the PCN back from the TEC but they insisted that they cannot do this and that I should submit TE7 and TE9 forms.

 

Is doing so the best cause of action?

[dx100uk]

best to create a second thread i think.

 

 

[The GodMother]

I seriously dont understand how these people manged to get a car without providing id. 

Just to get one from 2 local companys my partner need to provided photo id proof of address proof of how long we had been at the address. A utility bill or council tax letter. Proof of no points on license. 

 

How come nothing was asked for. 

 

[sweep1]

Identity Theft is a real problem and more common place than people think, for those affected by Identity Theft it can take a long time to resolve.

 

I would recommend you go to your local police station and ask to speak to a Detective, remember to take all your documents with you (proof of being out of the county etc)

 

The person who is using your identity to hire vehicles is commiting acts of fraud and deception, additionally any vehicle being used that person will NOT be covered by insurance.

 

The police can and should be able to notify London/Met Police who can enter the vehicle(s) registration number(s) onto their ANPR systems.

The Police would have reasonable cause to stop and detain the driver until their identity can be fully established.

 

Until the person using your ID is stopped, your unlikely to make any headway in resolving matters with bailiffs

 

There was a similar case about a year ago and VCAS and the local MP stepped in to resolve it, this also involved a vehicle in London using cloned plates, Met Police used ANPR to stop and arrest the driver.

 

https://victimcareandadviceservice.uk/another-post/

Edited May 11, 2022 by sweep1

[helpneeded.]

I tried calling the police at the beginning of the process but they directed me to action fraud. I've been speaking to them but in short they say there isn't much they can do really 

[sweep1]

As people of Identity Fraud quickly come to realise, Support for Victims is scarce at best. At the moment in English Law, a person whose Identity is stolen/used are not considered a victim.

Your Bank/Credit Card have better protection in law than a person.

 

The Police you spoke to are correct in directing you to Action Fraud as there is nothing to the Police can do help you until you suffer a financial loss (ie the fraudster obtains a loan in your name)

 

But they can STOP the driver as I previously said. The driver is driving a vehicle under false pretences, Multiple offences : Obtaining Money/Goods or Services by deception, No insurance, He has given a false identity so NO insurance will be valid and if he is using the vehicle(s) in a private hire mode (Uber etc) that will just make things worse for him.

 

Bailiffs are known to use ANPR, so they may come across the vehicle(s) on their travels

 

Get in touch with your local MP and contact the Police again, The Link I gave in my previous post shows that the police can get involved if enough pressure is applied.

[Bailiff Advice]

It is my understanding that the period of '14 days' would be from the date of service of the Court Order (which has not yet been sent). 

I noticed that you have also mentioned that you have moved again.

Have you make arrangements to ensure that the court order will reach you? 

[helpneeded.]

Yes, I set up a royal mail redelivery before moving this time so I get mail which is sent to my old address. If the 14 days starts from the date the order is sent, I should be able to send the TE7 form again then.

[helpneeded.]

I still have not received the Court Order and a lot of time has passed. When I call the court, the automated system asks me to email but they are not responding to my emails.

 

I've also just had 4 more enforcement notices arrive for PCNs for failing to comply with a prohibition on certain types of vehicle issued by Hackney Council so as working on a letter to my MP as the endless PCNs are consuming too much of my life. 

 

Do you know what forms I need to submit to challenge the new penalty notices? Is it PE2/PE3 forms this time around?

[dx100uk]

On 04/01/2022 at 23:54, dx100uk said:

 

 

 

[sweep1]

This company AK Vehicle Management Limited looks like a shell company (One Company registered to another and then another, all hiding behind Virtual Office Address or Companys offering the address for business  registrations).

 

Their Websites(s) and Facebook page offer little else apart from a phone number and even then the person answering the phone will not give a real location.

The directors of this and the associated companies are NOT registered with ICO, so that would explain a lack of response to a SAR.

 

@BailiffAdvice is correct, it looks like a bulk of their business is supplying PCO ready vehicles.

 

Do you have a Apple or Google Phone and is location turned on?

How to see Apple Maps location history on iPhone/iPad - Mobile Internist

How to Find Your Location on Google Maps on Android: 8 Steps

If it is, are you able to tally up up the dates and times of the traffic offences?

 

If yes to the above, I would strongly advise you make a statutory declaration using the information to hand to prove you were not present at the time the offences took place.

A Full Guide to Statutory Declarations | Notary.co.uk.co.uk

 

A shotgun approach would be to make a SD with this information and send that to all partys concerned. TEC, TFL, All London Councils. Whilst a drastic approach this may reduce or stop any more tickets coming your way. It may even trigger a response from some council who could ask their Civil Enforcement Officers to keep a lookout for the vehicle on their rounds.

 

The sooner the fake driver can be stopped, the sooner you can stop any more tickets coming your way.

In the meantime,I wish you luck with your local MP and getting him/her involved to resolve this matter

Edited May 29, 2022 by sweep1

[The GodMother]

@sweep1

 

That is a great idea.  I dont know if it is usable as l cant remember a case where it was used in the uk. But as l have always been told if you dont try you dont get. 

Have you got anything like a letter from your employer of the time, a letter from the landlord of the property, a letter from where you was staying in the other country. Any receipts from where you lived, bank statement saying where money was withdrawn or payments made using bank card. 

 

This might be able to prove that you was not able to be driving a car in London while somewhere else 

[sweep1]

The OP has stated in a previous post that they do indeed have a letter confirming that he was abroad for some time during some of the traffic offences.

 

The SD approach is recommended by a number of solicitors during identity theft, as to if it works will largely depend on how councils/TEC/TFL choose to deal with it.

I suspect that in this case the involvement of the local MP will be needed to force the issue.

 

As to if a council will use CEO's to locate a vehicle, yes they can, a friend of mine who works as a CEO for a council near to me, he and his collegues were asked to look out for a vehicle which was collecting tickets, The vehicle had cloned plates and the innocent party was receiving demands for payment/bailiff action. The innocent party got the local MP involved, The Vehicle Reg got loaded onto police ANPR and the local CEO's were asked to keep a eye for it on their travels, they found it, got the vehicle towed back to the police compound and waited for the offender to get in touch. The Council rescinded the tickets.

 

Hopefully, regulars of this forum who are more experienced in dealing with how to fight the tickets at this current stage will be able offer the OP more current advice, I hope my advice will prevent future problems

Edited May 29, 2022 by sweep1

[The GodMother]

Yes some of the time. not all hence why proof is needed for the rest of time. Also the evidence has been previously rejected so again more needed