Jump to content


  • Tweets

  • Posts

    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


Recommended Posts

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

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 by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

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?

Link to post
Share on other sites

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 by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

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

  • Like 1
Link to post
Share on other sites

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.

 

 

  • 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... 

Link to post
Share on other sites

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 by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

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.

 

 

  • 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... 

Link to post
Share on other sites

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. 

Link to post
Share on other sites

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?

  • Like 1

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

Link to post
Share on other sites

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. 

Link to post
Share on other sites

  • dx100uk changed the title to Mass identity fraud - TfL penalties/PCNs vehicles not mine but in my name whilst abroad - now bailiffs - help!!

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.

  • 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... 

Link to post
Share on other sites

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).

  • Like 1
Link to post
Share on other sites

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. 

Link to post
Share on other sites

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. 

  • Like 1
Link to post
Share on other sites

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. 

Link to post
Share on other sites

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 .

 

 

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... 

Link to post
Share on other sites

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?

avatar_gb_250x250-8ff5cf9ef22fce2dbc3dda

WWW.CLEARSCORE.COM

Get your free credit score and credit report on ClearScore. Check them as often as you like - it won’t affect your score., GB

favicon.ico Personal credit report – Get your credit report | TransUnion

WWW.TRANSUNION.CO.UK

Get a better understanding of the different ways TransUnion and our partners can help you access your credit report, why it's important...

 

  • Like 1

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

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.  

 

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...