Should we get a solicitor or is this an easy case?

[Onewomanandherdog]

After some advice please, worried sick!

DH received letter mid July about an unpaid fine for £130. He was at work and couldn't call and I assumed it was the council tax as we were 2 weeks late in paying. Paid council tax that day and thought nothing more. Just returned from holidays and there's another letter from the court saying that as fine still not paid a warrant has been issued for DH's arrest!

Called the number today and found out it wasn't for council tax but for tv licence, the thing is we've always held a tv licence! It turns out that someone (we presume DH's brother who is in jail at present for theft) have DH's name to tv licence and they've took him to court etc and the warrant is for not paying the court fine. The person on the phone said it was from 2011! The brother doesn't know our address so not sure how the court knew our address to send to, but our names have always been on electoral register etc.

The court rang back to say court date of next Tuesday and DH to take along proof that he didn't live there (they wouldn't tell us the exact address though). My concern is how do we prove a negative? I don't have much paperwork from 2011, I think he has payslips addressed to our address, tax credit letters, but how do we prove he wasn't actually there. He would have been at work that day but not sure if work would have the register for that day still.

Would appreciate some advice on how to proceed with this as we're worried sick, also will it mean he has a criminal record as this means his job will be at risk. He has given a statutory declaration over the phone but not sure why and can't really find any information online about it.

[Collaborate]

First thing is he should go to court with whatever proof he can muster.

Second is to challenge the liability for paying for a tv license. Should be easy enough if he has one for your home, and for the relevant period when he was meant to be living elsewhere.

sounds like a case of ID fraud.

[Onewomanandherdog]

Thanks, thats what we're going to do

[TallulahBetty]

Council tax statement showing where he was responsible for during the period in question?