Received PCN - I'm not the driver nor the keeper of the vehicle

Grimble

https://www.britannica.com/topic/accomplice#ref243600

https://theneedleblog.wordpress.com/2012/11/17/could-lord-mcalpine-be-charged-with-being-an-accessory-after-the-fact/

nosferatu1001

Tati - go ahead with teh police report. This must be formally recorded.

Grimble

Take the above advice, ask yourself what happens if he does not pay for the hire, how do you prove you were not involved? A police report covers you.

Ralph-y

have you checked to see if you can prove your where about's at the time and dates quoted ?

Ralph:cool:

tati

Hello everyone,



Thank you very much for your support and advice.



I have appealed that letter back last year stating that I was not the driver, keeper or hirer. I did not report the case to the police as I thought the appeal would help.



Almost one year on Gladstones had found me at a completely new address (!!!) and sent me a LBC. They (kindly, or as they just say) are asking for payment in full otherwise they will commence legal proceedings.



Not again!!!



I plan to repeat that I was not the driver, keepr or hirer of the car in question and the fine was issued on the day the car was being delivered to my ex-partner. I will also state that my on the lease agreement there is my ex-partner's signature not mine and the hiring company has commited gross misconduct (not checking ID). The driver from a hiring compnay (I suppose) can be seen on the pictures which I retained from last year.

I will also state I am happy to show evidence in court and call the police if necessary.



Anything else I should add?



How on earth did they find my new address??


Many thanks kind people!

Coupon-mad

They traced you, and that's a good thing, better than getting a default CCJ to an old address.

Add to your words, to confirm your new address is the right one for service, and that they MUST NOT revert to your old address for the robo-claim*.

Enclose this:

I can obtain the copy of the hire lease but it is signed by my ex-partner.

*use that word

waamo

tati wrote: »

Hello everyone,



Thank you very much for your support and advice.



I have appealed that letter back last year stating that I was not the driver, keeper or hirer. I did not report the case to the police as I thought the appeal would help.



Almost one year on Gladstones had found me at a completely new address (!!!) and sent me a LBC. They (kindly, or as they just say) are asking for payment in full otherwise they will commence legal proceedings.



Not again!!!



I plan to repeat that I was not the driver, keepr or hirer of the car in question and the fine was issued on the day the car was being delivered to my ex-partner. I will also state that my on the lease agreement there is my ex-partner's signature not mine and the hiring company has commited gross misconduct (not checking ID). The driver from a hiring compnay (I suppose) can be seen on the pictures which I retained from last year.

I will also state I am happy to show evidence in court and call the police if necessary.



Anything else I should add?



How on earth did they find my new address??


Many thanks kind people!

I hate to say you were warned this was likely if you ignored the advice to report it to the police.

tati

Hello everyone,


I am re-opening the case - I have received Claim Form despite submitting evidence and an appeal stating that I was not the driver, owner or hirer of the vehicle and stating that my ex-partner signed the lease agreement that was written in my name.




I have acknowledged the claim and will need to submit evidence by 5/01/2018. I have been away for the festive break and I have just came back. I am aware there is a very short time left to act on this.


I have reported the identity fraud to the police but they have stated that this type of identity theft is not classified as a police recorded crime.




They explained further:

An example of when they could record a crime would be where details were used to obtain credit, the use of which left the provider of credit with a financial loss. In these circumstances they would record a crime for the provider of the credit and look to establish if there was scope for the matter to be investigated.


They have not recorded the case as a crime, they have merely used the information to enrich information reports. I have a reference number for reporting the case.


I absolutely cannot understand why would they decide to take the matter to court if I have clearly stated that I have not hired the car, never driven h evehicle myself and I have provided a picture from the scene that shows an unknown person getting in/out of the car?

This is very frustrating.

Please could you advise me if I should simply explain what had happened as the defence? This situation is different from the ones that have been described on the forum hence no template to follow..


Thank you for your continuing support and happy new year!


Tati

waamo

You have a pretty unique defence so the standard points don't apply. I would tell the court what you have told us. Explain it clearly and simply.

Personally I wouldn't add the usual defence points as this case relies on credibility. If you chuck everything at a defence you look less credible than someone arguing a unique and valid defence.

KeithP

tati wrote: »

I have received Claim Form...

What is the Issue Date on your Claim Form?

tati wrote: »

I have acknowledged the claim and will need to submit evidence by 5/01/2018....

No, evidence is not needed for several weeks, if not months.