Show Posts
1
Speeding and other criminal offences / Re: Identity theft leading to failure to respond
« on: Today at 04:06:58 pm »
Thanks for your response.
This is fair and I am ultimately clear on my obligations - had I received the notices at my current address, I would've replied to them (as I did when I became aware).
You are right, and I suppose the difference in Whitehouse (following a very cursory glance) is that the notice was sent to an address where he was reasonably expected to receive it.
Ultimately, it was not reasonable for me to respond to the NIP because it was sent to an address I vacated two years ago.
My understanding is that for service to be valid at a "last known address" (if this in fact becomes the prosecution's defence), the claimant must have been unable to ascertain a defendant's current residence; I'm not confident this can be true given the number of public records which refer to my current address.
Believe me when I say I have contacted both the DVLA and the various police forces who have been supplied with my information to understand how I can prevent this from happening. Aside from hoping that they actually review public records to find my new address before moving to the SJP, it seems they have no answers (very happy to hear any suggestions!).
Many thanks again for sharing your thoughts!
A notice is deemed served when it is delivered to the addressee's "last known address", so on the face of it, even though the nomination was fraudulent, you were obliged to provide any information that was in your power to give.
This is fair and I am ultimately clear on my obligations - had I received the notices at my current address, I would've replied to them (as I did when I became aware).
Not receiving or being aware of the notice is not in and of itself a complete defence.
You are right, and I suppose the difference in Whitehouse (following a very cursory glance) is that the notice was sent to an address where he was reasonably expected to receive it.
Ultimately, it was not reasonable for me to respond to the NIP because it was sent to an address I vacated two years ago.
My understanding is that for service to be valid at a "last known address" (if this in fact becomes the prosecution's defence), the claimant must have been unable to ascertain a defendant's current residence; I'm not confident this can be true given the number of public records which refer to my current address.
I would suggest (if a particularly mendacious prosecutor were to suggest that a similar obligation would have applied to you), that putting measures in place to ensure that notices concerning vehicles that you had no connection to and which were generated as the result of fraudulent nominations would wall massively what might be considered to be reasonable.
Believe me when I say I have contacted both the DVLA and the various police forces who have been supplied with my information to understand how I can prevent this from happening. Aside from hoping that they actually review public records to find my new address before moving to the SJP, it seems they have no answers (very happy to hear any suggestions!).
Many thanks again for sharing your thoughts!