Two years ago, I was stationery when an Enterprise rental delivery van reversed into the front of my vehicle, in the outskirts of my rural village. Unfortunately there were no witnesses. The foreign van driver was driving erratically, clearly didn't know where he was going and admitted liability at the scene, saying he didn't see me!. I had been pressing my horn constantly for several seconds but he just kept on reversing, so he would have had to have been deaf as well. My insurance company repaired my vehicle as a no fault claim, but had difficulty identifying the third party insurance company. My insurance company passed the case to lawyers who have now suggested I make a 50/50 offer since there were no witnesses. I was outraged and refused, so the next step is litigation. My No Claims bonus is protected. I have been driving for over 40 years with no accidents on record and a clean driving licence. I intend to fight this case as I took evasive action when I saw this erratic driver by remaining stationery, but he drove without due care and attention straight into the front of my vehicle. Am I right in thinking that if this case goes to court, the outcome will simply depend on who the judge believes? Is there anything I can do to help my case as the innocent party? I have little faith in the lawyers appointed by my insurance company. I have obtained a copy of the Police Report I filed at the time and have various photos showing the scene of the incident. Does anyone have any similar experiences to share?

That's a brilliant idea and definitely worth the trouble. Parking companies should be held accountable for their frivolous claims. I know only too well how much time and effort goes into defending them, especially when you have no relevant experience and are starting from scratch. Even if they decide to withdraw, there's still been massive disruption in your life. Go for it!!

Excellent and well done you! That must be a weight off your shoulders. A battle worth fighting.

Hi laluna - well done on your draft WS. I noticed on section 4 under Contracts you'd left in the company name VCS - just an oversight. With some reluctance, I actually removed most of the section headed ANPR which you've included at the end of your WS, on erics brother's advice, as he rightly said it was commentary and not directly relevant to our case. The WS that's posted in our thead is not actually the final version, as I tidied it up after that. I did also post up the notes for cross examination (a blow by blow attack on the claimant's statement), which make additional important points, like the chain of authority from the landowner to the parking company, which I homed in on after submitting the WS, but were to be ammunition at the hearing. See "Extra points on claimant's statement" on our thread above, in case there are any relevant points. Good luck with your battle!

Cant help wondering whether SRS is claiming support under the government's generous furlough scheme. It would be ironical if the taxpayer were to be supporting his dodgy outfit to rip the public off!

Honestly EmmaTPockets - this is a "perfect letter" to quote Mr. Trump! It makes the point. I wouldn't agonise further over it.

Emma, you're obviously a very sweet person who finds it difficult to be obstreperous, but you have to remember who you're dealing with and what he plans to try to get out of you, without just cause. You need to be on the offensive right from the start, or he'll think you're a pushover! Remember you're trying to avoid hours and hours of preparation for a court hearing - been there, done that! You'll have to take a deep breath and beef up I'm afraid, to try to make this go away. Try to get yourself in angry mode, feel bitter and resentful for a couple of minutes and vent your wrath! I'm only sorry I never had the chance to write such a letter. Do it! I do like dx100uk's version, and especially the foxtrot Oscar reference which is priceless.

Attached are photos of the signage at the Berkeley Centre taken last July. You will see that all the signs clearly state that the carpark is managed by Excel and would have been managed by Excel at the time of your alleged breach. In the light of this evidence, I would be inclined to include in your snotty letter, some words to the following effect: You have no idea who this company VCS is, nor why they are asking you to pay them money. Their correspondence refers to the carpark at the Berkeley Precinct, but you know for a fact that this carpark is managed by Excel Services, a completely different company. You are deeply concerned that this outfit VCS has managed to get hold of your personal data and details of your vehicle registration. You propose to take this whole data protection issue up with their trade organisation, IPC, and also the DVLA. Please stop harassing me further. FYI EmmaTPockets: Every PPC is reliant on its membership of an accredited trade organisation (IPC or BPA) to obtain access to info at the DVLA. If the PPC fails to observe the Code of Practice laid down by that association, it can be disciplined and possibly suspended, so that access to DVLA data is no longer possible - this has happened to VCS for 6 months in the past. This means they are no longer able to identify people to squeeze money out of, which is fundamental to their miserable business plan. This threat to inform on them won't make them quake in their boots, but the idea is to persuade Simon that it's just easier to go after someone else, to take the pressure off you,. just as FTMDave says above. Berkeley Precinct photos 11.7.19.pdf

Thanks FTMDave - I'm touched!

Can you please clarify the current terms and conditions for the carpark? There is now a ticket machine, possibly installed by Excel when they took over the management. Do you have to take a ticket however long you intend to stay, whether you will be in the free parking time or not? Do you have to specify how long you intend to stay at the point of arrival? Are you allowed 1 free hour and then you have to buy a ticket? I presume the maximum period of parking is 2 hours but only 1 hour is free. Is that correct? Do you have a photo of the advertised terms and conditions on the signage? That would also clarify details of the current carpark management company. If it's Excel, then it would be interesting to know which company applied to the DVLA for your details!! (There's a standard letter asking DVLA for this info) If Excel, then why is VCS making a claim against you? If it was VCS and the advertised management company is Excel, then VCS had no right to apply for keeper data and that opens up a big can of worms with their AOS and data protection.

21 + 2 = 23. Second thought - I believe this car park has been managed by Excel Services since 2018. Check the signs in the car park. I believe VCS is no longer managing the car park and Excel is a completely separate company, with separate registration at Companies House. Therefore they have no business bringing any claim at all - VCS has no contract with the landowner and cannot offer a contract to the motorist. These are defence points but you need to send the snotty letter and follow the procedures recommended on this site before you get to that stage. Be ultra careful not to mention you were the driver. They cannot assume the Keeper was the driver.

Thank you - yes my garden has never looked so good! I've become a bit fanatical about it. Others working from home, so we're doing OK and so far have managed to get plenty of fresh food. I hope you're coping well too.

First thought is that NTK date is 21/1/20 and date of infringement is 8/1/20. Since 2 days must be allowed for first class mail (assuming it was sent by mail), then it looks like it did not comply with the 14 day delivery requirement, as it would have arrived a day late.

Oh dear sorry to hear that EmmaTPockets, especially at a time like this. Fear not - I'm sure everyone on the site will be glad to help. Go ahead and post up the info.

Absolutely Erics Brother.

Good Afternoon, I can confirm that the court has marked this case discontinued, and this matter will not proceed any further as it stands, Kind Regards This was the message today so I think it's safe to say Goodbye Simon. Maybe he can donate his carparks to Covid testing centres! They're not likely to be used much otherwise.

You're too modest Eric's Brother - they're very lucky to have you on site. I hope you get interviewed by the Consultative Committee preparing the statutory Code of Practice. You could tell them a thing or two. I predict, one way or another, the PPC's are heading for a downfall and the current stay at home government policy won't exactly help their cause - I doubt they're equipped to redirect their energies into manufacturing ventilators like Dyson and some other more noble outfits. Unless of course there's some hidden technology in ANPR cameras that the government could confiscate and utilise!! Stay safe everyone.

Hahaha! You're all such lovely people that I have to stick around - I'd miss you too much otherwise! So yes EmmaTPockets - you're already adopted - virtually. However, any praise is totally unjustified, much as it's always nice to get some encouragement - but you guys deserve all the credit - I just followed your instructions and read, read, read. The printer worked overtime and I got through a few ink cartridges and amassed a vast quantity of information, but we got to this point together. This brings me to mention that, at the beginning of time, when we first received the notification of court proceedings, my daughter was terrified and didn't know what to do. I advised her to consult the CAB who simply referred her to the MSE website. I'm not at all sure how she came across your site, which she then forwarded to me and I'm glad she did, but I do hope that you have enough links out there to make sure that others can easily get to the CAG forum. I do also think that it helps to keep things in perspective when you retain a healthy sense of humour as you do - it lightens the load a bit when faced with issues that can seem scary and overwhelming - my bit of feedback!! Well done to you all. You've kept me laughing through this drama. I do hope that the poor Paralegal representing Simon realises what a sad environment she's working in, and quits while the going's good, to get some proper professional experience.

I should have added that when I first received their statement, I was a bit taken aback at the detail, and it was only when I started pulling each paragraph to pieces, that I discovered all the errors and loopholes, so that's why I recommend slicing it up one paragraph at a time, and not panicking.

Going to upload the extra points I was going to make into bullet points to use for cross examination at the hearing. Just my notes but based on the Claimant's statement, and VCS seem to use the same statement and the same evidence for all similar cases, so it might be helpful to others. I've seen other Defendants stressing on the site that they work long hours, long shifts, have young families and don't have time to do the research needed to respond adequately. Fortunately I was able to redirect my time somewhat, so I'm happy for anyone to use my material if it's any help. Still chuckling over the brassnecked plot above! EXTRA POINTS ON CLAIMANT STATEMENT.pdf

Haha brilliant! Yes I had printouts from Companies House ready to challenge the Claimant's statement that they were still operating the car park and therefore had a running contract - it's been operated by Excel since 2018!! Not VCS. I noticed he also owns ANPR International so he makes full use of their technology. I don't think he has any neighbours - he lives in a mansion in a secluded part of Derbyshire on the proceeds of his bullying tactics. I'm a bit perturbed about reneging on a discontinuance though. What was sent was a copy of a Notice to the Court, so if he reneged on that, I would sue bigtime!! It's not possible to get through on the phone to the local court but we can whack off another email just to confirm.

No I have to say we haven't contacted the court again since we submitted our letter requesting adjournment as they said they'd respond within 5 days. The letter from the Paralegal representing VCS indicated they had sent a copy to the court and enclosed was an official looking Notice of Discontinance, both of which were signed by her. We accepted that as certified confirmation of dismissal. Thanks everyone for sharing the outcome. x

Bless you EmmaTPockets - I totally share your sentiments and am sharing my Prosecco with you - virtually!!

Haha well it's a step in the right direction - let him keep running. I was wondering what would happen if it was adjourned until August and the 6 year period ran out? Maybe the rules would be waived in the present circumstances. You never know, the statutory Code of Practice might appear around that time and then I'm sure he'll be running! I did get a message from Bankfodder thank you and tell him you're all absolutely worth it. It wasn't about the money for me - it was about fighting injustice and playing fair - so that's why I want to support you in your endeavours.

Whoops - sorry!! Thanks for pointing that out Honeybee - I've deleted the letter now and it's history really, thanks to you guys!