Family member prosecuted and gave my address

[Average Joe]

Hello Forum,

I find myself in a pickle and would really appreciate some advice.

This morning my grandmother received a letter at her address (she is the sole owner and occupier). The letter was from FCC and addressed to my mother (who has never lived at this address and they have a terrible relationship). My grandmother opened the letter because it looked serious with a red stamp on it with "prosecution dept" on it.

The letter stated that a month ago my mother was stopped at Letchworth station for failing to hand over a valid ticket and is now being taken to magistrates court and telling her she has a chance to explain herself. She obviously gave my grandmother's address because she did not want to be traced.

I would like to call the prosecutions department to explain this but I fear that they will not accept it and will harass my grandmother because that is the address that they were given, it's a family member and I do not have another address to give them.

Do you have any advice for me on how to best approach this situation?

P.S. I have called my mother and she simply said, in my own words - "no problem, I will deal with it" and gave me no account of what actually happened. From previous experience I am convinced that she will just ignore it and I must take action to protect myself and my grandmother.

 

[Llanigraham]

Return the letter to who ever sent it, with a covering letter explaining the situation that Mrs Faredodger does not live at that address, giving them the correct address of Mrs Faredodger, and that you wish all further correspondence on the matter to be sent to Mrs Faredodger, and not to your Grandmother.
Keep copies of ALL the correspondence.

 

[gordonthemoron]

unfortunately the OP states that I do not have another address to give them

 

[Llanigraham]

unfortunately the OP states that I do not have another address to give them

Oops, missed that, but I note they do have a phone number for her, so give FCC that.

 

[kareeosman]

I fear that they will not accept it and will harass my grandmother.

Yeah, that's illegal.

Same happened to my uncle. His son, my cousin, no longer get on. He gave my uncles address.

They sent him 4 letters despite him telling them after the 1st letter, he has no idea where his location is. As soon as I stepped in and mentioned that they are harassing him, the letters stopped.

 

[Tibbs]

As far as I'm aware, you're not under obligation to say where the person is.

If the relationship is as bad as you say, I would not say where she is, as that could open your grand mother up to unpleasant repercussions from your mother. Just say she's not a resident there and never has been.

I did this when we got letters for a previous tenant in a similar vein. I knew where they were, but knowing how unpleasant they were there was no way I was going to say anything about them.

 

[DelayRepay]

Just send it back. There are firms who specialise in tracing people who try to hide from this kind of problem which FCC can employ should they think it worth their while.

If they send any more letters, just tell your grandma to write "Not known at this address" on the envelope and put them back in a postbox.

 

[Solent&Wessex]

As far as I'm aware, you're not under obligation to say where the person is.

Well, one could possibly argue that as the matter of not having a ticket may be a criminal offence, depending on whether the TOC is prosecuting using RORA, then deliberately withholding any relevant information to assist in bringing that offender to justice may be considered a criminal act too, perverting the course of justice or suchlike - legal views anyone who knows about these things?

 

[Yew]

Well, one could possibly argue that as the matter of not having a ticket may be a criminal offence, depending on whether the TOC is prosecuting using RORA, then deliberately withholding any relevant information to assist in bringing that offender to justice may be considered a criminal act too, perverting the course of justice or suchlike - legal views anyone who knows about these things?

One would imagine that this letter is a 'please explain your version of events', and it wouldnt be until later stages that would/may apply

 

[ModernRailways]

We had a similar case with a neighbour. The neighbour was using my sisters details when stopped by revenue. We received about 5 letters with threats etc from the TOC. This happened about 5 times too. It was getting out of hand so the police came out to investigate it further, they showed us the penalty fare forms with all the details on and you could see the signatures were different to the actual name given and even then the signatures were different on each form with no consistency.

As others have said just write 'Not at this address' on the front and pop it back in the post. If the TOC keeps writing just keep doing the same, if it goes on too long then phone the TOC and explain, don't give them any details for your mother either, unless they explicitly ask, even then come on here and ask what you should do first.

 

[DownSouth]

If the letter comes to your address and has some name other than yours (including a relative), don't even open it - simply mark it RTS and drop it in a postbox.

As posted by others above, it's completely the TOC's business to find out the location of people they are trying pursue.

 

[Flamingo]

At the risk of going off-topic, this thread is an illustration of why staff may be more inclined to kick people off rather than issue a UFN...

 

[falcon]

unfortunately the OP states that I do not have another address to give them

Very convenient.But able to call her on the phone with out asking"where do you live now".

 

[Average Joe]

Thanks for all the responses guys, I really appreciate it.

Very convenient.But able to call her on the phone with out asking"where do you live now".

I have the phone number in case of emergency, she is still my mother of course! I have an address of someone she is temporarily staying with but there is no way I will get a bystander involved and shift the problem along, I just want to protect my grandmother and that's all.

As far as I'm aware, you're not under obligation to say where the person is.

If the relationship is as bad as you say, I would not say where she is, as that could open your grand mother up to unpleasant repercussions from your mother. Just say she's not a resident there and never has been.

I did this when we got letters for a previous tenant in a similar vein. I knew where they were, but knowing how unpleasant they were there was no way I was going to say anything about them.

The letter was opened already because my grandmother got emotional and had to know what was going on exactly and this worries me because surely you can't send it back opened - it will look bad. Should I write a note of some sort?

 

[Tibbs]

Thanks for all the responses guys, I really appreciate it.







I have the phone number in case of emergency, she is still my mother of course! I have an address of someone she is temporarily staying with but there is no way I will get a bystander involved and shift the problem along, I just want to protect my grandmother and that's all.









The letter was opened already because my grandmother got emotional and had to know what was going on exactly and this worries me because surely you can't send it back opened - it will look bad. Should I write a note of some sort?

Seal it up with Sellotape, write "opened in error" and "return to sender - unknown at this address" and pop it back in a post box.

Do this for every piece of mail you receive on this matter. It's nothing to do with you, and FCC are big & ugly enough to sort this out on their own.

 

[ModernRailways]

The letter was opened already because my grandmother got emotional and had to know what was going on exactly and this worries me because surely you can't send it back opened - it will look bad. Should I write a note of some sort?

As Tibbs says just seal it back up and return to sender. If they were to question why it was opened just say your grandmother is the only resident at the house so she opens all the mail and never thinks to look twice at the name.

Just don't get involved with it, if FCC care enough they will sort it out.

 

[Fare-Cop]

Recently had experience of a similar case, which was simply referred to the Police who have made further enquiries, traced the offender and it is now continuing to prosecution.

 

[SephenWorceste]

Let the Royal Mail take the strain. Far less emotional. From Citizen Advice Bureau

http://www.adviceguide.org.uk/engla...very_e/youre_receiving_someone_elses_mail.htm

If your Grandmother is opening other post addressed to her daughter then I think she has a bigger problem.

Best wishes, Stephen.

 

[Average Joe]

To everyone who has responded, thank you! I really appreciate it!

I will do as you say to seal it back up, write opened in error, and send it back. I have taken my time and this example to explain to my grandmother to never open anything addressed to anyone other than her and send it back immediately.

I hope this is the last I will hear from FCC and come back to the forums to ask for your guidance if circumstances change.

Again, thank you for all your help!

Best Regards
Joe.

 

[cuccir]

I wouldn't worry myself too much about opening someone else's mail. That's poorly worded advice from the CAB: it is only a criminal offence if done with malicious intent.

From the Postal Services Act 2000:

A person commits an offence if, intending to act to a person’s
detriment and without reasonable excuse, he opens a postal packet which
he knows or reasonably suspects has been incorrectly delivered to him.

IANAL and so I don't know whether legal precedent clarifies what is and is considered to be either "intending to act to a person's detriment" or "without reasonable excuse" but I'd say that: receiving a letter for a relative, who you have a contact number for but who you also know is not easily contactable by post, would be a reasonable excuse.

However, now that you've established what this is about, I'd suggest that in future it would be easier to not open the mail.

 

[Flamingo]

Following on from Fare-Cop's post, if BTP show up at the OP's door wanting to know where she is, what would be the advice?

 

[DaveNewcastle]

Following on from Fare-Cop's post, if BTP show up at the OP's door wanting to know where she is, what would be the advice?

Good point!
It would be an offence to refuse to give information requested by an officer in the course of their investigating a crime (including a suspected crime). However, it is not uncommon for people to deny knowing the whereabouts of the person in question and to do so with impunity.

 

[VauxhallandI]

I wouldn't worry myself too much about opening someone else's mail. That's poorly worded advice from the CAB: it is only a criminal offence if done with malicious intent.

From the Postal Services Act 2000:


IANAL and so I don't know whether legal precedent clarifies what is and is considered to be either "intending to act to a person's detriment" or "without reasonable excuse" but I'd say that: receiving a letter for a relative, who you have a contact number for but who you also know is not easily contactable by post, would be a reasonable excuse.

However, now that you've established what this is about, I'd suggest that in future it would be easier to not open the mail.

I open the majority of my mail without reading the address window, sometimes it has been known to be delivered in error. I don't fear prosecution