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Identity theft and driving offence

10 replies

andthenthereweresix · 28/11/2019 16:19

Hi I am hoping someone can give me some advice about my current situation. Long story short in May this year I was charged with a driving offence, I received 6 points and £660 fine, I did not commit this offence and it has since become apparent that my identity has been used to set up fake insurance policy's which have now been cancelled.

I sent a statutory declaration to the court and the case is to be heard next month, however it's to be heard in an English court as the offence was in Manchester but I live in Scotland. I am a single parent and can't afford a solicitor and have no idea how to prove to the court it wasn't me.

Does anybody know if I would be entitled to legal aid or how to prove to court it wasn't me? Also do I have to attend court in person or is it possible to send any evidence? I have never dealt with a court before so I am clueless and feeling nervous of what may happen.

Thank you in advance for any advice you may be able to offer.

OP posts:
AlwaysCheddar · 29/11/2019 06:01

Did you buy anything on the day if the offence with a card? Or collect a kid from nursery, go into a shop with cctv? This would show you can’t be in 2 places at once.

Jon6b · 02/12/2019 22:00

What evidence exists re the insurance policies? Why would somebody do that?

andthenthereweresix · 04/12/2019 09:09

Sorry I never explained properly, the car involved drove through a speed camera and they contacted the owner of the car to ask who was driving. The owner gave my name and linked it with an address in England and said I was the one who insured the car but I did not. I was convicted in court of failing to provide information relating to the identity of the driver of a vehicle.

I contacted the insurance company and they were useless wouldn't tell me anything other than the policy had been cancelled and nothing they could do. I have since found more searches for car insurance in my credit report so I am having to contact all the companies involved.

I have been to the police and they said nothing they can do it's been to court. I have emailed the court and cps and hoping to hear back soon.

OP posts:
Jon6b · 04/12/2019 22:59

Thanks that helps. Did you attend court?

andthenthereweresix · 05/12/2019 03:10

Court date is in 2 weeks I was told to write to cps and the court but neither have replied so I will be calling tomorrow.

OP posts:
AJPTaylor · 05/12/2019 12:40

Did you attend the original court hearing where you were convicted?

andthenthereweresix · 05/12/2019 13:54

No I was unaware a court hearing had taken place because all letters were sent to the fake address and not to me. I only found out by accident when I was checking my licence online and discovered the endorsement which I knew wasn't mine

OP posts:
LucyAtPragma · 08/01/2020 23:39

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andthentherewere6ladiesdancing · 12/01/2020 20:13

@LucyAtPragma Thank you for your reply I would really appreciate any advice you can offer. I have had the case postponed so have a bit more time to build my defence while I wait for court date.

LucyAtPragma · 12/01/2020 20:47

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