Question..Regarding Penalty Assessment

blimey40

I am now being asked to provide details fo my whereabouts from 1997-2003. Do, I really have to provide exact details, most of the places are shut down now? Does the penalty assessment stay, if I cannot provide contactable details? I find it amazing that after all these years, I've never been contacted. No letters or correspondnace for 12 years, then bang here is a debt of xxxxx of thousands. Baliffs arriving at wrong addresses, etc etc.

They claim no details were ever received from me in the first place

Does it matter where the original MEF was sent and proving I never received it, down to being wrong address.?

kelloggs36

Have you not kept your P60s for those years?

kelloggs36

It does matter where original MEF was sent - they should close the case if you can prove that it was sent to the wrong address.

blimey40

I can prove it was sent to the wrong address.

It was an "assumed confident address" provided by my ex some years after we divorced.

I have only been self employed, but do hold records

kelloggs36

What evidence do you have that you have never lived at that address? Can you get council records to show you were liable for council tax at a different address? Was it your parents' address?

blimey40

slightly different dillemma.

My ex after 8 years of divorce provided a confident address and assumed I lived with a girlfriend at the time. That was wrong. Thankfully, I am still on good terms and I can prove I was not there, through her old records. I was actually living and working at a bar, which can also be proved. Don't forget, we are talking about 1997, so we are talking over 11 years

kelloggs 36, basically I can prove I was not living there, but its more difficult proving I was somewhere else. I hope that makes sense.

My parents lived miles away.

kelloggs36

Your tax records from 1997 - what address was on any correspondence? Did you pay any rates or bills at the bar you were living at? Utilities or anything - are the landlords the same? Just trying to help you gather as much info as possible for your appeal.

blimey40

landlords are the same,

not sure about the tax records?? Will have to check again

kelloggs36

So, you could ask landlords to provide evidence of your working AND residence at the bar.

garfield413

From what I can remember, the start date of the case is based on the MEF date. If they believe they had a confident address and you can prove you did not live at that address at the time of MEF issue, there is no start date and the case remains in a dormant state unless verification of the address is obtained. The case activation date can only apply once a MEF has been sent to a correct confident address. If, however, you can't prove you didn't live at an address where a MEF was sent, then they are allowed to assume you did receive it, even if they didn't send any reminders, etc. I would be asking them for a SAR (subject access request under Data Protection Act) which should prove what they sent to where and on what date. It will only give you the data that applies to you. Also ask what actions they took in order to trace you. Copy your MP in to correspondence.

blimey40

In answer to Kelloggs, Yes I can, though 12 years is a long time and i am going to need time to track paper confirmation of these events.

Garfield, In regards to the CSA start date, they do have one. I am still waiting my Data Protection files after 2 months, not sure yet, if it includes the items you mention. I can definitely prove I was not at that address through tax records and other details/ Would they provide a start date in any case and presume it was a "correct" confident address?