"Identity theft" and fixed penalty notices

My son is really pissed off ATM. It appears that one or more local scrotes
have got hold of his personal details and possibly a document of some kind.
There are at least 3 fixed penalty notices that have been issued in his name
for things that have happened on dates/times when he was elsewhere, in the
presence of independent witnesses. We are confident that they won't stand
up but the hassle involved in disputing them is considerable. Fortunately
we know that for at least two of them the description taken is of somebody
who looks completely different e.g. "mixed race" - and my son is white. We
haven't seen details of the 3rd yet. As he hasn't lost his driving licence,
passport or any other key document it seems that once you know somebody's
name, address and DOB it is VERY easy to pass yourself off as them.

The worrying thing is that if the person concerned had been vaguely similar
looking to my son it could have been very difficult for him to prove his
innocence. When it involves a summons there is a reasonable chance of
convincing a court that its a case of identity theft. However, one of the
documents received was a "Notice of registration of fixed penalty and
collection order" that basically says that the amount due (£120) will be
collected by deductions from earnings or by sending the bailiffs round to
seize goods. So - no court appearance, no opportunity to plead his case
just an administrative procedure to relieve him of £120 for an offence
committed by somebody else. Needless to say a strongly worded letter is en
route to the clerk of the court advising him that unless it is withdrawn we
will be engaging a solicitor and claiming the cost when the order is
successfully appealed. I find it quite disturbing how little protection
there is for the innocent against this kind of stuff.

 

Good luck. My nephew has had a similar thing happen to him, he hasn't
been able to resolve it as yet.

--
Lesley
Residing in the Capital of Culture 2008
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This sounds sucky. When did the Westminster system move away from
presumption of innocence?

 

<snip id theft>

You have my commiserations. It's a PITA.

As I reported in another thread, some fuckwit has alleged I was involved in
a motor accident in Malvern. I suspect my car plate has been cloned and
await the fun & games of NIPs & parking tickets.

In your son's case, I doubt the Clerk of the Court will do much. I suggest
he visits his MP who should hassle the Chief Constable(s) involved and the
Home Secretary. Perhaps they can put some sort of flag on the Police
National Computer so that anyone reporting to be your son has to be taken
to a police station for verification of their identity?

 

Touche

 

Fucking hell the dinging noise almost deafened me.

 

Similar happened to a colleagues wife. In that case the Met calling
about an accident where her car's old registration was involved. Some
days after proving she was elsewhere the officer concerned admitted
they had CCTV and knew it wasn't her car WTF?

 

They haven't. An FPN is "Look, this can go through the judicial process,
or you can cough to it now and save everybody a shitload of hassle".

What's happened here is that the person who was given the FPN has done
exactly that - "Yeh, it's a fair cop. Bang to rights. etc etc, I'll take
the FP" - except they've told a porky-pie when it came to the name &
address.

So somebody HAS pled guilty, just not the _right_ person, IYSWIM.

 

OK, gotcha.

 

In communiqué <hfhjpo$8g5$-september.org>, TMack

Extract from Derbyshire Constabulary: GUIDANCE NOTES FOR THE ISSUE OF
FIXED PENALTY NOTICES FOR DISORDER.

"Accurate identification of suspects and their place of residence are
crucial to the effectiveness of the scheme. Failure to identify a
suspect and their address prior to issue could invalidate the
enforcement process and compromise the scheme’s integrity and bring it
into disrepute."


You can say that again.

The list of offences for which such penalties can now be imposed amazed
me.

"Age, identity and address checks must be rigorous."

Bwahaha!

They were probably just relieved that some scrote meekly gave details
rather than legging it or throwing punches. Makes the paperwork easier.

There are some in government that claim a national ID card system would
resolve such situations and yet:


"Fixed Penalties: Proof of Identity
Mr. Frank Field: To ask the Secretary of State for the Home Department
how many people who received a fixed penalty notice in the last three
years were later found to have given (a) a false address and (b) an
incorrect address to the relevant authorities. [236066]

17 Nov 2008 : Column 52W

Mr. Alan Campbell: The information requested is not collected
centrally."
(Hansard)

Yea, that really makes a strong case for the introduction of ID cards,
no?

You need to read the fine print on the back of the notices very
carefully and lodge an appeal in the correct form on the basis of false
identity ASAP. A letter of complaint, citing maladministration, to the
Magistrates' Clerk should be in addition to that. If necessary, start
asking "Freedom of Information" questions. Also follow Wessie's
suggestion, including a letter to the Chief Constable if they have all
been issued by the Police. If the Local Authority (litter etc.) issued
any then their Chief Executive. Don't bother with the minions.

Best of luck.

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Ducking stool.

 

Argh

 

Bailiffs, or more precisely, debt collectors can't do jack shit if you
tell them you dispute the amount owed/there is no debt without going to
court first.

--
Veggie Dave
http://www.iq18films.co.uk

"To assert that the earth revolves around the sun is as erroneous as to claim
that Jesus was not born of a virgin." Cardinal Bellarmine

 

What? Pled is correct, it's pleaded that annoys the heck out of me.

 

Lost me there. Please explain.

Actually, as I was typing that I got the reference. Very Pythonesque.

Us Aussies didn't go in for that, we just shot them. Oh, hang on, us
Aussies were Brits back then weren't we?

 

"Lit" and "lighted" are the ones that get me. I prefer "the lit
room", whereas authors these days seems to use "the lighted room".

 

Chambers Online has "pleaded or especially N Amer & Scots pled".

 

I always knew it as a Merkin expression - didn't know the porridge-
wogs used it too.

 

Interestingly there is nothing on the form that says anything about an
appeal - I assume this is because there is an assumption of admitted guilt,
based on the original FPN (that was never issued to my son). However, I
have drafted a letter for him saying that if any attempt is made to take
money or goods from him then a solicitor will be engaged and those costs and
any other costs will be claimed when the case is finally thrown out.