My complaint concerns Utility Provider, and their insufficient or deficient processes in identifying correct persons for court prosecution, of which I fell victim to
Background to complaint
PART 1
- As landlord, I rented out a rental property in 201314 and almost immediately entered into difficulties regarding payment of rent.
- Unknown to me, someone after the date the tenancy commenced, tampered with equipment supplied by Utility Provider to supply the house, and as a result, the tenants enjoyed free use.
- At a date in late 2015, Utility Provider became aware of this and took away the equipment. They then looked to see who arranged for the supply i.e. whose name was on the account. The account was in my name - I had my name on the account as I'd had meters (of the Pay-As-You-Go variety) installed, and - frankly - did not see any necessity to change.
- Utility Provider served papers on me at the rented property address but these were never passed onwards by the tenant to me. (Incidentally, by then the PRTB in a Tribunal hearing had found in my favour in a case re rental-arrears; tenants were a no-show)
- The first court-date came and went without my appearance as I had no knowledge of this, and a second date was set.
- Utility Provider again served papers on me at the rented property address and the tenant signed receipt (the Judge later adjudged this 'satisfactory service') but again these were never passed onwards by the tenant
- The tenant upped-and-left, vacated the property early 2016; I took possession almost immediately and after an argument with the tenant over PRTB-mandated rental arrears owing to me, and clothes remains in the house- the house was set on fire by persons unknown.
- It was noted some days later in the aftermath of the fire and visit by the fire-brigade; that the equipment was removed, but it was assumed that this was standard operating procedure by the Fire Brigade.
- The second court-date came and as I had no knowledge of this, I didn't appear. The Judge satisfied himself that service was satisfactory (I am not disputing/arguing that, he knows the law better than I) and the court-case went ahead in my absence. I was found 'Guilty As Charged' and a Bench Warrant issued for my arrest!
PART 2
- Some months passed, when the house is being renovated and readied for leasing again. I rang Utility Provider to be reconnected to the Network, and after a few attempts finally received the first of three calls from a person in the Utility Provider from his mobile (!). These three calls, at first vague and without full detail gradually increased until by the end of the third call I was fully aware I was now a convicted criminal with a warrant out for my arrest, and all that was left was to be brought before a judge for sentencing - 6 months, or a EUR5,000 fine, or both!
- I recall telling a friend this sorry saga and they asked me how did I know all this was real, that it wasn't a prank etc as to that point the relevant phone-calls were all from a mobile phone number. I had to ring Utility Provider 's landline myself and establish that there was in fact such a named person working there for the penny to drop.
- There followed some more calls and emails between me and the Utility Provider where I established my bona-fides and they realised they prosecuted me in error. I cannot fault them once this point was reached, EXCEPT to say that the least that they could have done was to offer to pay for my legal costs (solicitor fees) in obtaining a 'set-aside' of the conviction, and extinguishing of the warrant. This was refused point-blank, without explanation - they would commit to their solicitor not contesting the 'set-aside' of the conviction which had to be done before a Judge in the relevant court.
- Not trusting Utility Provider after suffering under deficient procedures, I took a day's leave from my employment and travelled to the Court under my own expense and represented myself in court. I had received quotes of EUR1,200 by solicitors to do this work, which I could not afford (as well as paying that sum of money to restore my good name to where it should have always been stuck-in-my-craw) – I also had only 21 days from first date of my knowledge of the conviction to achieve a set-aside. I achieved my set-aside and the outstanding warrant was quashed/extinguished etc.
PART 3
I am still more than a little angry that;
- With a little investigation, it could be seen that the property was a rental property (4 webpages on the PRTB website details all rental properties in any county) and simple visits would show there was no-one by my name living in the property. My name had featured on bills and correspondence with previous Utility-providers identifying myself as landlord over the years - that the first name found in relation to the supply was prosecuted. Utility Provider have also recorded that the tenant signed 'receipt' of the service executed on me at the address also!
- A criminal conviction is a serious matter. Apart from destroying a person's good name - for some, it can devastate careers and livelihoods. In my career, I have had to sign various assurance forms and certificates including Central Bank Probity forms ensuring I was of good character, good standing and adequately qualified etc. Were I not to have arranged - myself - the Utility-supply but had gotten my contractor to do this small bit of work in renovating the house, I would right now (January 2017) still be a convicted criminal unknown to myself!
- My good name has already suffered. I had applied to assist a charity I am already involved with, with their childcare and I had submitted the Garda Vetting forms prior to all these events. I do not know which checks the Gardai undertake as part of their background checks but one must assume that if one has a Warrant for Arrest outstanding; that it would be noticed. This has two parts - I immediately had to notify the charity of a possible Fail on the Vetting and to my consternation but understandably they said they would have to decline my offer to help-out - until the matter was resolved. (No smoke without fire)
The second part of this - as my better-half pointed out, I had notified to the Gardaí that I was free-at-large living in my current address and almost thumbing-my-nose at them to come and get me! My better half viewed all of this with some distress. I travel for work and at any stage I could have been stopped in Dublin Airport by an Gardaí at passport-control - luckily this didn't happen the few instances I travelled in 2016. I had to notify my employer too in case they wanted me to travel for a certain industry sales conference in the States, that I might have difficulty getting on the flight! I also could have been picked-up at any stage at any Garda Checkpoints over Xmas. I am quite angry that my liberty was threatened for roughly 8-9 months of 2016, and only by luck - me, making the call to be reconnected - that I managed to get in front of this, (with no offer of legal-representation from Utility Provider).
- It is not right Utility Provider walk away with only solicitor costs for a ½ day's court appearance.
- It is not right that their systems are not up-to-scratch for such a serious, serious matter particularly when it comes to court-dates where the possibility of court-convictions (and imprisonment) can happen.
- It is not right that they, while satisfied as to my bona-fides and willing to agree to a 'set-aside', were not prepared to pay for my costs in righting this wrong.
(Against this I will say I was treated with courtesy by the individuals of the Utility Provider. I do not want any comeback on them themselves personally. I do believe - strongly believe - that where an innocent person's liberty and livelihood and reputation has been put at risk, or even potential risk of devastating outcomes; that Utility Provider should acknowledge this and pay an appropriate penalty or compensation as well as revamping their procedures and policies to ensure this can never happen again - casting innocent bill payers as suspects without even basic preliminary reasonableness/sanity checks.)
I have contacted the Regulator but they are unsure if all the above is within their remit.
Background to complaint
PART 1
- As landlord, I rented out a rental property in 201314 and almost immediately entered into difficulties regarding payment of rent.
- Unknown to me, someone after the date the tenancy commenced, tampered with equipment supplied by Utility Provider to supply the house, and as a result, the tenants enjoyed free use.
- At a date in late 2015, Utility Provider became aware of this and took away the equipment. They then looked to see who arranged for the supply i.e. whose name was on the account. The account was in my name - I had my name on the account as I'd had meters (of the Pay-As-You-Go variety) installed, and - frankly - did not see any necessity to change.
- Utility Provider served papers on me at the rented property address but these were never passed onwards by the tenant to me. (Incidentally, by then the PRTB in a Tribunal hearing had found in my favour in a case re rental-arrears; tenants were a no-show)
- The first court-date came and went without my appearance as I had no knowledge of this, and a second date was set.
- Utility Provider again served papers on me at the rented property address and the tenant signed receipt (the Judge later adjudged this 'satisfactory service') but again these were never passed onwards by the tenant
- The tenant upped-and-left, vacated the property early 2016; I took possession almost immediately and after an argument with the tenant over PRTB-mandated rental arrears owing to me, and clothes remains in the house- the house was set on fire by persons unknown.
- It was noted some days later in the aftermath of the fire and visit by the fire-brigade; that the equipment was removed, but it was assumed that this was standard operating procedure by the Fire Brigade.
- The second court-date came and as I had no knowledge of this, I didn't appear. The Judge satisfied himself that service was satisfactory (I am not disputing/arguing that, he knows the law better than I) and the court-case went ahead in my absence. I was found 'Guilty As Charged' and a Bench Warrant issued for my arrest!
PART 2
- Some months passed, when the house is being renovated and readied for leasing again. I rang Utility Provider to be reconnected to the Network, and after a few attempts finally received the first of three calls from a person in the Utility Provider from his mobile (!). These three calls, at first vague and without full detail gradually increased until by the end of the third call I was fully aware I was now a convicted criminal with a warrant out for my arrest, and all that was left was to be brought before a judge for sentencing - 6 months, or a EUR5,000 fine, or both!
- I recall telling a friend this sorry saga and they asked me how did I know all this was real, that it wasn't a prank etc as to that point the relevant phone-calls were all from a mobile phone number. I had to ring Utility Provider 's landline myself and establish that there was in fact such a named person working there for the penny to drop.
- There followed some more calls and emails between me and the Utility Provider where I established my bona-fides and they realised they prosecuted me in error. I cannot fault them once this point was reached, EXCEPT to say that the least that they could have done was to offer to pay for my legal costs (solicitor fees) in obtaining a 'set-aside' of the conviction, and extinguishing of the warrant. This was refused point-blank, without explanation - they would commit to their solicitor not contesting the 'set-aside' of the conviction which had to be done before a Judge in the relevant court.
- Not trusting Utility Provider after suffering under deficient procedures, I took a day's leave from my employment and travelled to the Court under my own expense and represented myself in court. I had received quotes of EUR1,200 by solicitors to do this work, which I could not afford (as well as paying that sum of money to restore my good name to where it should have always been stuck-in-my-craw) – I also had only 21 days from first date of my knowledge of the conviction to achieve a set-aside. I achieved my set-aside and the outstanding warrant was quashed/extinguished etc.
PART 3
I am still more than a little angry that;
- With a little investigation, it could be seen that the property was a rental property (4 webpages on the PRTB website details all rental properties in any county) and simple visits would show there was no-one by my name living in the property. My name had featured on bills and correspondence with previous Utility-providers identifying myself as landlord over the years - that the first name found in relation to the supply was prosecuted. Utility Provider have also recorded that the tenant signed 'receipt' of the service executed on me at the address also!
- A criminal conviction is a serious matter. Apart from destroying a person's good name - for some, it can devastate careers and livelihoods. In my career, I have had to sign various assurance forms and certificates including Central Bank Probity forms ensuring I was of good character, good standing and adequately qualified etc. Were I not to have arranged - myself - the Utility-supply but had gotten my contractor to do this small bit of work in renovating the house, I would right now (January 2017) still be a convicted criminal unknown to myself!
- My good name has already suffered. I had applied to assist a charity I am already involved with, with their childcare and I had submitted the Garda Vetting forms prior to all these events. I do not know which checks the Gardai undertake as part of their background checks but one must assume that if one has a Warrant for Arrest outstanding; that it would be noticed. This has two parts - I immediately had to notify the charity of a possible Fail on the Vetting and to my consternation but understandably they said they would have to decline my offer to help-out - until the matter was resolved. (No smoke without fire)
The second part of this - as my better-half pointed out, I had notified to the Gardaí that I was free-at-large living in my current address and almost thumbing-my-nose at them to come and get me! My better half viewed all of this with some distress. I travel for work and at any stage I could have been stopped in Dublin Airport by an Gardaí at passport-control - luckily this didn't happen the few instances I travelled in 2016. I had to notify my employer too in case they wanted me to travel for a certain industry sales conference in the States, that I might have difficulty getting on the flight! I also could have been picked-up at any stage at any Garda Checkpoints over Xmas. I am quite angry that my liberty was threatened for roughly 8-9 months of 2016, and only by luck - me, making the call to be reconnected - that I managed to get in front of this, (with no offer of legal-representation from Utility Provider).
- It is not right Utility Provider walk away with only solicitor costs for a ½ day's court appearance.
- It is not right that their systems are not up-to-scratch for such a serious, serious matter particularly when it comes to court-dates where the possibility of court-convictions (and imprisonment) can happen.
- It is not right that they, while satisfied as to my bona-fides and willing to agree to a 'set-aside', were not prepared to pay for my costs in righting this wrong.
(Against this I will say I was treated with courtesy by the individuals of the Utility Provider. I do not want any comeback on them themselves personally. I do believe - strongly believe - that where an innocent person's liberty and livelihood and reputation has been put at risk, or even potential risk of devastating outcomes; that Utility Provider should acknowledge this and pay an appropriate penalty or compensation as well as revamping their procedures and policies to ensure this can never happen again - casting innocent bill payers as suspects without even basic preliminary reasonableness/sanity checks.)
I have contacted the Regulator but they are unsure if all the above is within their remit.