Wrong name on notice of enforcement from CDER group

[swissexpat]

I have been receiving letters with notice of enforcement from various enforcement agents for the past 2.5 years.

They are enforcing a payment of £811.00 on behalf of hm courts and tribunals for a warrant of control.

 

The hearing court is peterlee magistrates court. 

My name on the letters is wrong.

The first name is completely different.

The family name has a letter wrong.

 

I am not aware of having committed any offence.

Should I continue ignoring or respond in any way? 

[dx100uk]

how do you know this is a speeding/motoring offence?

if its been going on for 2.5yrs and the 'warrant' has never been renewed , then its a dead duck after 12mts unless they get a new one.

 

 

[swissexpat]

Thank you for your response 

 

The reason I suspect it is for a motoring offence is that in the beginning I was receiving letters regarding a motoring offence. I didnt really consider them due to the name discrepancy. 

 

I do believe they have recently changed collection agencies. The newest letter received is from CDER group. The previous ones were from a different agency. I cant remeber wich one it was though. Possibly marston. 

 

How would I know if it has been renewed ? And what would I do in such a case? 

[dx100uk]

no harm in ringing peterlee and enquiring

[Man in the middle]

Quote

...how do you know this is a speeding/motoring offence?

 

It's almost certainly a conviction in absence for "Failing to provide driver's details" (S172 RTA). This would result in a fine of £660, £66 "Victim Surcharge|" and £85 costs = £811.

 

The OP should check his driving record with the DVLA He will probably find he has six points with an endorsement code MS90. Whether or not the warrant of control has expired is immaterial. The fine/costs etc. are still owed and are not written off simply because the warrant may have expired.

 

Full details of the correspondence with the apparent errors in name etc. would be needed to advise on how to proceed. The conviction may be set aside by means of a Statutory Declaration, but whether one can be made depends on what the OP was served with and when.

 

The OP probably now faces a "means enquiry" hearing and if so it is important he attends. He should not attempt to hide behind the "wrong name" technicality until he has established exactly what has happened. If the origin of this was a S172 request and he ignored the original "request for driver's details" on this basis he was very ill advised to have done so:

 

Quote

The reason I suspect it is for a motoring offence is that in the beginning I was receiving letters regarding a motoring offence. I didnt really consider them due to the name discrepancy. 

 

As I said, full details of what was served and when are essential. It should be borne in mind that the Magistrates' Court has greater powers - including committal to prison for non-payment of fines for criminal matters - than the County Court has for civil matters. 

 

 

Edited October 31, 2021 by dx100uk
spacing only... a plesure to help you - ignore this pm

[swissexpat]

Thanks 

 

I have not retained the correspondence so far. I will not have a record what I was served with and when. I have not been asked to attend a hearing as far as know. Peterlee magistrates is over 2 hours away from where I live. How would you suggest I go from here?

[Man in the middle]

 

Quote

I have not been asked to attend a hearing as far as know

.

If you have not been asked to attend, how did you come to hear about it? Were you informed it would take place but you were not required to attend? If so that is very strange.

 

You need to find out what this is all about. You can start by checking your driving record with the DVLA:

 

https://www.gov.uk/view-driving-licence

 

Can you remember what it was that you first ignored? Was it a "request for driver's details" issued as a result of an alleged driving offence? It's really very difficult to give advice with so little information. You could try phoning Peterlee court to get some details.

 

Just as a guess (and it's only a guess) to explain how the name errors might have come about: if somebody else was the recipient of the first "request for driver's details" and they nominated you as the driver, they may have provided your details incorrectly.

 

Is that a likelihood?

Had you driven somebody else's car or perhaps a hired car around the time this all began?

[swissexpat]

As I said earlier I did ignore the letters due to them not being addressed correctly 

 

It is possible that I was asked to attend but didnt see the relevant letter. 

 

I will call the court to find out 

[swissexpat]

Thanks a lot for you input.

 

So far I have called Peterlee who referred me to enforcement and told them there is no one with that name living at the address.

 

They requested a council tax bill as proof and were satisfied with what I sent them.

 

They have removed the address from their database.

 

Hope thats resolved the issue. 

 

 

 

 

[dx100uk]

 

well done glad to help!

 

dx

 

[Manxman in exile]

But have you double-checked your driving licence online (as suggested by Man in the middle) to see if you've got any penalty points against your licence?  If you'd been awarded 6 points for a failure to identify conviction, I'm not sure that the enforcement agents removing your address from their database will remove any penalty points from your licence... 

 

(Obviously there has been some confusion around your name and/or your identity.  If Peterlee court has wrongly convicted you - when it should have convicted soemone with a similar name - and has given your licence that other person's points, you need to get them removed by the court ASAP)

[Man in the middle]

Quote

 I'm not sure that the enforcement agents removing your address from their database will remove any penalty points from your licence...

 

 

It most certainly will not. But there's only so many times one can suggest that a licence check is undertaken!  

[Manxman in exile]

I was simply surprised the OP had been congratulated by another poster without any reminder to check the points...