Thread: VCS in Sheffield citing CPS vs Stephen J Thomas will they take me to court?

Hi all,

I received an invoice from VCS in ****** on the **** of October as a car that I am the registered keeper for was parked in one of their car parks without a permit.

I have followed advice found on this forum and have not accepted any responsibility, they have now sent me two actual written letters and state (abridged):

We acknowledge your statement that you are the registered keeper of the vehicle in question however you were not the driver on the **** of October 2008 when the contravention was committed.

In reference to your comments regarding the identity of the driver of the vehicle. whilst we appreciate any research you may have conducted on this matter, we must question the reliability of this information. There has been a distinct increase in motorists relying on information adverised on consumer advise [sic] forums. Such advise [sic] involves registered keepers attempting to avoid liability by denying they were the driver or purporting to not know who the driver was at the time the contravention was committed.

A precedent was recently set in the case of Combine Parking Solutions v. Mr Stephen J Thomas (2008), whereby the increased use of consumer advise forums and the various issues it raises was recognised. As well as criticising those using such internet forums as "disingenuous", District Judge Ackroyd ruled that the identity of the driver will be proved based on the balance of probabilities.

... As per the pre-action protocols you are called on to act in a manner which facilitates the successful resolution of a dispute or claim. In the event you act in a manner intended to stall or confuse the process this shall counter against your position during court proceedings.

We have enough evidence to warrant the pursuit of the debt with yourself. Should this matter proceed to the County Courts then you will be required to provide a statement of truth as to whether you were the driver or not. Providing false information in a court of law would be committing an act of perjury.

We maintain that as the registered keeper of vehicle XXXXXXX, it falls within your responsibility to be aware of who is in control of your vehicle at said time. Unfortunately, any assertions that you are unaware who the driver was cannot satisfy our request and runs contrary to the Pre-Action Protocols that you make reasonable enquiries to aid the other party in an action.

Now they wanted £120 (originally £80) by 26th Nov when they sent that, I didn't actually see the letter until recently, they sent another that asks for the money by January 6th or it 'could result in the issue of court proceedings', and included a photocopy of the letter quoted above.

Any advice will be greatly appreciated, I would genuinely have difficulty paying them as I'm a student and don't really have any money. I also don't want to go to court... perhaps I should offer them x amount a month or to settle at £80 or something. What happens if I lose in court and then don't pay anyway?

Thanks for any help

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removed sorry