- July 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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The Situation: A False Address Leads to Unwanted Consequences
Someone evaded a train fare, got caught short, and gave our address. Unfortunately, this individual never lived at our property. Despite this, the train company and court service have been sending letters and fines to our address, causing unnecessary stress and inconvenience.
The Efforts So Far
I initially reported the issue to the train company, but the letters continued to arrive. The matter was then taken to court, and the court service made it difficult to find a postal address for the individual, pushing us towards their phone lines instead. We’ve called twice to explain the situation, but the court service has not taken any action to correct their records.
The Concerns and Fears
The court service has instructed us to show our ID and explain the situation if someone shows up to collect the fine. However, we’re worried about the potential consequences of bailiffs arriving at our property to recover costs. We also don’t want any issues with a CCJ (County Court Judgment) associated with our property.
Seeking a Solution
We’re looking for a way to get the court to amend their records and leave us alone. We have no connection to the individual beyond them giving our address as a false or mistaken address. We believe that the court should take responsibility for correcting their records and stop sending letters and fines to our address.
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****** just grabbed a
Keep refusing delivery of the items, or write a note on the unopened envelope saying “not ever known at this address”.
I had bailiffs show up at a rental I had just moved into once. I can confirm that they are reasonable, and all it took to be left alone was a bank statement and council tax bill.
ETA I didn’t even have to give a physical copy, I just showed them on my phone
There is no CCJ associated with this. The court and debt collectors are almost certainly attempting to recover an unpaid fine from a criminal case, rather than enforcing a civil court judgment. From posts on the UK Rail Forums it seems as if the fine enforcement agents are pretty good at finding alternative addresses for people who don’t pay fines – where people have moved since they gave an address and not received the earlier correspondence they often post there when they get the letters saying they owe the fine having been convicted in their absence. So it might just stop one day. In effect this is nothing to do with you and you can just keep sending the letters back.
stop opening mail addressed to them, mark it return to sender unknow at this address, and dump it back into the nearest postbox?
Return all correspondence to the Court and advise the Defendant is not known at your address. If the Court has already issued the fine you can contact the National Fines Collection and Enforcement Team. The email contact details are in the link:
https://www.find-court-tribunal.service.gov.uk/courts/criminal-fines-collection-and-enforcement-contact-centre—wales-south-west-south-east-london-east-midlands
Just keep returning the letters marked as “Unknown at this address”.
Most bailiffs are very reasonable people who understand that this kind of thing happens literally all the time. You really don’t need to worry.
We had similar happen to us, though I think it was the previous tenant of our rental home (so they had actually lived there once upon a time). I just kept all letters unopened and when someone finally showed up at our door I showed them the pile and directed to ask the letting agency if they had forwarding address. Never hear about it again.
We recently started getting similar letters, I returned the first one or two to sender without opening them but opened the third so I could find out what was going on. I sent the third one back with a letter stating that we didn’t know the person and were not at all involved in this, please stop contacting us and we haven’t had a letter since then so it seems to have worked. Might be worth sending an actual letter stating the facts rather than calls/emails.
Had bailiffs at the door in our last property after the previous tenant ran up staggering bills.
Bailiff was perfectly polite, I showed him photo ID and he left (we had a chat about how long I’d lived there, I told him we’d had post for the previous tenant which we’d sent back “not known at this address”, never had any issues after that).
Not sure why you say the magistrates make it difficult to find their address:
https://www.find-court-tribunal.service.gov.uk/courts/nottingham-magistrates-court
Why are you opening up letters for someone else in the first place. Just return them as unknown at this address
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My husband has been a victim of identity fraud so we have had occasional bailiffs arrive. It’s irritating but they have never been unreasonable and a brief “it’s not me” conversation has been all that is necessary. If bailiffs arrive do NOT let them in. Tell them the person they are looking for is not at that address and they should go.
bought a house a long time ago, lots of mail to the old owners, opened up the lot, inserted the date of when I bought the house and solicitors contact details and suggested they contact them. took 10 years for the letters to stop. all were returned to sender. the mil threatened to have me sued, told her to get on with it as needed the new address to send to a load of people
So this has just happened to me. Someone gave my address and was fined for something I assume fare evasion. So first off the mail is not addressed to you so do not open it. Return it to sender with not known at this address marked on it with the details crossed out.
You will eventually receive a hand delivered letter that should have a phone number on the front. Call it but do not open the letter it’s still not yours. The guy delivering the letter will not care if they live there or not so don’t take this out on him. When you call the number just go through to general enquiries don’t provide the reference number but say you don’t know oh w because you haven’t opened the mail. They will ask for your postcode and name on front of letter. They will request a copy of your council tax bill. Email this over to them. Job done.
If you don’t want to provide your council tax bill you want wait for the enforcement agents to arrive and show them something with the occupiers name on.
Bit of a pain to get sorted but you won’t have to worry about it.
Send letters back saying not known at this address. If baliffs show up do not accept anything from them advise them the person does not live at this address and refuse them entry (don’t show them ID either). Remember they have zero right of entry without a court order or a police escort as they are private citizens (usually gig economy so despite what they say they don’t work “for” the court/council they work “with” the court/council usually through a 3rd party). In the unlikely scenario they arrive with a court order show them ID and tell them to fxxx off. In the even more unlikely scenario they show up with a police escort show the police the ID and not them because fxxx bailiffs. The same applies for TV licence people, litter enforcers and private parking wardens.
Why are you opening mail that’s not marked for you? It should all be marked “return to sender” and “name not known as this address”. It would have gone back to them by now and they’d have fixed it themselves.
NAL
Calling them won’t get you far. I was in a similar situation over a littering fine and received multiple threats over the post. They had my address but not the correct name.
I found their head office address and wrote a strong worded letter, sent via recorded delivery.
In the letter I explained the situation and if they are to threaten me, they’d have to prove beyond doubt that it was me that committed the offence. If not, I would take legal action against them for harassment.
In addition, I also told them I had proof that I wasn’t at the specified location at the time of the incident. Luckily I was at work in the office at the time, so if you can prove you wasn’t at the time and location of the incident, they can’t do anything to you. Even if you use location settings on your phone, you can prove where you were via Google Maps.
Any form of communication with them should be in writing. That way you can back anything with evidence.
Once they received my letter, they acknowledged their error and issued me an apology.
They are the ones who have to prove you committed the offence, if not, they are wasting both time and money because they won’t get far.
Send a copy of your most recent council tax bill the next time you email / write to them