Get UK Law Questions Answered by Verified Experts
Was your plate cloned?
Is it upon a different vehicle?
yes, we suspect it has been. Our car was placed on our drive the whole time we werer on holiday.
Ok. But is the car at this car park similar to yours? Same colour, make ?
yes it is
Ok. You are anonymous on here.
Is this a real clone?
There is a big scam in the UK with cloned number plates but they don't usually put them on cars of a similar kind.
Its safe to be clear with me. Nobody can identify you.
Are you ok?
we do not know what else to think here as no one has use of the car during our absence so we can only suspect a cloning...can't think of how the plate /car could end up in birmingham !
Where do you live roughly?
nuneaton in warwickshire
how close is that to Birmingham?
about 30 miles
Have you reported the cloning to the police?
yes and to the dvla...awaiting their advice
Its an interesting case actually.
Its slightly surprising this hasn't arisen before because there is a massive cloning scam in the UK.
In a nutshell, they are probably saying they don't believe it wasn't your car.
All these debt collection letters you are receiving are nothing to worry about and you can just ignore them. They have no legal standing. They will just keep sending them to pester and harass you. They will probably get Graham Whyte Solicitors to write to you as well screaming fire and brimstone. Just ignore them all.
Unless you actually get a court summons, do not engage. They will never agree with you.
There is no longer a defence in saying that you don't know who was the driver.
The Protection of Freedoms Act came into force in october 2012 and you'll find it here
If you look at S4, it creates a specific defence for stolen vehicles but not for cloned ones!
I suppose though that the argument there would be that a cloned vehicle is not the vehicle in the shot. So its a much more fundamental defence to the effect that it just plain wasn't your car.
okay, but will we be subjected to baliffs etc calling at the door demanding all sorts of things.
Its very unlikely they will sue over this anyway. Its not worth the manpower.
If they do you will have to defence on this basis but, if you've reported it and you have a crime number, and the blow up CCTV of the car is not going to reveal that it was plainly yours or plainly you or your wife driving then overall you would probably be believed on that point.
The fact they wrote to me and I am not the reg keeper of the car..could we not claim that they are chasing the wrong person?
They can only send bailiffs to you if they have a CCJ which they would have to go to court to get.
yes, you could but there's no point. Just ignore them.
If they issue against you, then you would have a defence because you are not the registered keeper or the driver but there isn't any point in telling them about that now.
so, you are saying that we ignore the letter from here on, accept that we may get further harassing letters from them or even from their solicitors to put the frightners on us. I have not rec'e a reply from the west midlands police and / or dvla...should I press them to issue a crime number registering a formal 'suspicion' of cloning?
This is nothing to do with the police of the DVLA. Its just a civil dispute.
If the police havent given you a crime number over the clone though you should chase that up.
Thats really important.
Apart from anything else, if somebody commits a serious offence in this cloned vehicle its going to be quite important to show it wasn't you.
Quite a lot of people who clone vehicles do not do so because they live their lives otherwise in an honest and decent way.
I think for peace of mind i will call them tomorrow and ask what I should do and get at least some record created with them. it can only help?
Forget this private land nonsense.
If this vehicle is involved in a drive by shooting tomorrow, it will be quite important to be able to prove that it wasn't yours.
yes indded. also, the fact we can positively prove we were in Istanbul on holiday and not back in the country for 10 days after the parking date should be sufficient proof?
Well, it doesn't prove that somebody else didn't have your car on this occasion but I think if you had a crime number combined with the fact that you were away your account probably would be accepted.
They won't sue anyway. Its not cost effective.
I will be amazed if they do.
okay, we will sit tight and see what happens....
Please remember to rate my answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).