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Where do I stand with threatened legal action? Please help, Im very upset!

12467

Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its definately not fraud if an MP did this
  • oldone_2
    oldone_2 Posts: 974 Forumite
    Leaving aside the question of fraud, Carillion ' fined' the O.P,and it is reasonable to assume this closed the matter.

    To come back a month later with an accusation of fraud, when no warning was given with the original penalty charge, is prejudicial to the O.P's rights. If this allowed, what is to stop them coming back months after the interview with a bill for costs of the investigation.
  • Nessynoo
    Nessynoo Posts: 469 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 10 October 2009 at 11:44PM
    This is parking fraud. Obtaining services dishonstly, Fraud Act 2006. Potentially possession of articles for use in fraud too. Also "going equipped" if you used tippex/pen/stickers.

    You have obtained a (parking) service where payment (of a pass) should have been made. You have depreived the car park/hospital of revenue.

    You must find out if the company has the powers to investigate this. I investigate parking fraud for local gov, and i have the powers to investigate, caution, interview under caution, conduct covert surveillance (RIPA) right up to preparing files for prosecution in the Mags court.

    You have been "invited" to the interview, Of course, you can decline the invite, but action may still be taken without the benefit of your comments. If this is a one off, you may be okay, but if you've done it more than once, and the investigators have proof of this (photos), things could get serious. Please get some legal advice to find out if the comany has the power to investigate a fraud offence. If they dont, they can always pass the evidence onto the Police.
    Definitley speak to your employer.

    Sorry to sound scary, but parking fraud is being taken seriously. Earlier this week, we prosecuted a guy for using a deceased persons blue badge 4 times. £800 fine plus costs and a criminal record.

    There is no time limit for sending a case to prosecution with regards to the Fraud Act. If it was Council parking, they could use Section 115 of the Road Traffic Regulation Act 1984: Mishandling of parking related documents, but there is a 6 month time limit from the date of offence. Just thought I'd add this for info.
    "It's official, MSE's harbouring total fruitcakes"
    >^..^<
  • Nessynoo
    Nessynoo Posts: 469 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I get it.

    Because the OP said they intended to get a real paid for ticket later on in the day its not fraud.


    I wonder why they didnt believe them?

    Maybe because it was 8 hrs later? Maybe they have reviewed the CCTV? Maybe they parked right next to the pay machine? Maybe they had 30 other altered tickets on the dash?

    Who knows.

    I submit. Your right.

    I need more information before I can be convinced its a fraudulent act & not just a stupid mistake. :D[/QUOTE]


    You are spot on!
    "It's official, MSE's harbouring total fruitcakes"
    >^..^<
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    Nessynoo wrote: »
    This is parking fraud. Obtaining services dishonstly, Fraud Act 2006. Potentially possession of articles for use in fraud too. Also "going equipped" if you used tippex/pen/stickers.

    You have obtained a (parking) service where payment (of a pass) should have been made. You have depreived the car park/hospital of revenue.

    You must find out if the company has the powers to investigate this. I investigate parking fraud for local gov, and i have the powers to investigate, caution, interview under caution, conduct covert surveillance (RIPA) right up to preparing files for prosecution in the Mags court.

    You have been "invited" to the interview, Of course, you can decline the invite, but action may still be taken without the benefit of your comments. If this is a one off, you may be okay, but if you've done it more than once, and the investigators have proof of this (photos), things could get serious. Please get some legal advice to find out if the comany has the power to investigate a fraud offence. If they dont, they can always pass the evidence onto the Police.
    Definitley speak to your employer.

    Sorry to sound scary, but parking fraud is being taken seriously. Earlier this week, we prosecuted a guy for using a deceased persons blue badge 4 times. £800 fine plus costs and a criminal record.

    There is no time limit for sending a case to prosecution with regards to the Fraud Act. If it was Council parking, they could use Section 115 of the Road Traffic Regulation Act 1984: Mishandling of parking related documents, but there is a 6 month time limit from the date of offence. Just thought I'd add this for info.

    Define dishonestly. There are pointers in the posts above.

    Do not confuse council parking and the statutory blue badge scheme with private parking issues.
  • You are spot on!


    I know.

    & I also know intent doesnt come into it because anyone doing this increases the risk of the funds being lost which overides intent.
    Not Again
  • Coblcris wrote: »
    Do not confuse council parking and the statutory blue badge scheme with private parking issues.


    Dont confuse matters. Fraud is fraud.

    Different types of parking makes no difference.
    Not Again
  • oldone_2
    oldone_2 Posts: 974 Forumite
    edited 11 October 2009 at 9:23AM
    Nessynoo wrote: »
    This is parking fraud. Obtaining services dishonstly, Fraud Act 2006. Potentially possession of articles for use in fraud too. Also "going equipped" if you used tippex/pen/stickers.

    You have obtained a (parking) service where payment (of a pass) should have been made. You have depreived the car park/hospital of revenue.

    You must find out if the company has the powers to investigate this. I investigate parking fraud for local gov, and i have the powers to investigate, caution, interview under caution, conduct covert surveillance (RIPA) right up to preparing files for prosecution in the Mags court.

    You have been "invited" to the interview, Of course, you can decline the invite, but action may still be taken without the benefit of your comments. If this is a one off, you may be okay, but if you've done it more than once, and the investigators have proof of this (photos), things could get serious. Please get some legal advice to find out if the comany has the power to investigate a fraud offence. If they dont, they can always pass the evidence onto the Police.
    Definitley speak to your employer.

    Sorry to sound scary, but parking fraud is being taken seriously. Earlier this week, we prosecuted a guy for using a deceased persons blue badge 4 times. £800 fine plus costs and a criminal record.

    There is no time limit for sending a case to prosecution with regards to the Fraud Act. If it was Council parking, they could use Section 115 of the Road Traffic Regulation Act 1984: Mishandling of parking related documents, but there is a 6 month time limit from the date of offence. Just thought I'd add this for info.

    You appear not to understand the difference between local authority and private parking.
    I can assure you that Carillion have no legal basis in which to summons the O.P to a taped interview, and to progress further action if she does not co-operate.

    If we are to believe you, I can set up a company, decide you are guilty of fraud, and summon you to a taped interview.

    It is just to silly for words.

    If Carillion believe there is a case of fraud, they should report it to the police.
    They have no right to act as the police, a jury or judge.
  • Paradigm
    Paradigm Posts: 3,660 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Obtaining any goods & any service by means of altering any document is fraud.

    This is the bit I'm struggling with!

    I don't see what service a PPC is offering to the OP? Unless the PPC owns the land, it's the hospital offering the "service". The PPC are merely "subbies", for want of a better word.

    Maybe it's me being thick but if there was a case of fraud to answer then it should be the landowner persuing it as it is them offering the service?
    Always try to be at least half the person your dog thinks you are!
  • Paradigm wrote: »
    This is the bit I'm struggling with!

    I don't see what service a PPC is offering to the OP? Unless the PPC owns the land, it's the hospital offering the "service". The PPC are merely "subbies", for want of a better word.

    Maybe it's me being thick but if there was a case of fraud to answer then it should be the landowner persuing it as it is them offering the service?


    I think you will find that the land is owned by the parking company by way of some sort of lease agreement.
    Not Again
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