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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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Recently hade a enhanced DBS check

Customer Question

Hello ***** recently hade a enhanced DBS check for her job. She was totally gobsmacked and highly distraught when it came back positive. It seems someone gave her personal details and an address she lived at 15 years ago, and then never paid or appeared in court and she now has a criminal record and an attachment of earnings. we have filled out subject access forms for both West midlands and British transport police, but both say they hold no data on her. BTP have advised that they do not investigate these cases Transport Investigations Ltd do, but they refuse to give us any help or advise re Subject access. We have a court date set for 19th May to get case reopened following letters to the courts, but we have no information of the offence at all, where , what time etc. so can someone advise how we get this transport investigations ltd to release the data, and secondly advice on how an address my Gf lived at 15 years ago shows up on a DBS check in 2015 given it was not one of the addresses given. many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean a criminal record? An attachment to earnings would normally relate to civil debt?
Did she not notice money was being taken?
Customer: replied 1 year ago.

yes she was found guilty and has a criminal record as a result, and since the DBS check they have now filed an attachment of earnings. i have managed to get a stay given we have a court date to reopen case. the biggest issue is the fact no one accepts responsibility and is will ing to provide the evidence.

Expert:  Jo C. replied 1 year ago.
What is the nature of the offence?
Customer: replied 1 year ago.

The offence is for the non payment of rail fare. The exact extract from dbs check is : travelling on railway without paying fare on 4th May 2014 contrary to regulation of railway act 1889. S.5 (3)(A).

Expert:  Jo C. replied 1 year ago.
The reason the police hold no data upon her is that this is a railway led prosecution.
You can make a statutory declaration to the effect that you didn't receive the summons although you are way out of time.
You are out of time for an appeal now as well. You could put in an application to appeal which would almost certainly be rejected. The fact that you are late would not be an issue of itself given that nothing about this was known until recently. The difficulty here would be that all information about this matter would almost certainly have been lost. It is possible they would still have the memorandum of conviction.
If you think that the DBS records are simply wrong then you can complain to the Information Commission about it as they are data controllers and have a duty to keep their information accurately.
The other alternative is just plain judicial review. I wouldn't suggest that as it is expensive and it depends which decision you are JRing as to whether there is any realistic chance.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Can I ask....why would the DBS check return in first place for a conviction at an address that she did not live at since she was twelve...well in fact she never lived their as it was the house next door, not the actual address So she has never been linked to that address ? Her mother who lost custody of her when she was 12 and has only seen her 5 times in 14 years lives at the address next to the one used. Surely this is identity theft is that not a crime ? The last point is surely the rail investigations Ltd who investigated it should have taken proper steps to verify her identity ?

Expert:  Jo C. replied 1 year ago.
Probably because somebody gave those details to avoid a conviction.
The railway company can only ask the person in question and check that name against the records they have. Usually it works fairly well because the passes are in the name of the person in question.

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