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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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Would anyone kindly give me some advice regarding the below?


My wife had an accident in May 2010. On a narrow country road (no way two lanes) she turned a blind corner at 5 mph and collided with the third parties car, she did not have time to avoid the crash and strongly denies being at fault. The damage to our car (we did not claim as it is superficial but would cost £500) was underneath the drivers side headlight (golf 2006 model) and minimal. There are no in dependant witnesses.


We reported this to our company aviva as a 50/50, we believed he and my wife were not a fault.


However the third party rejects thus completely. He says my wife failed to stop in time and caused this (he admits she was going 5 mph), says she was on the wrong side of the road etc. Confusingly he states that the two people in his car are witnesses (not sure he understands the term in dependant) and that he was stationary on the road at the time of the accident (who stops in a middle of a road...). Hilariously he put his speed as 30 mph then crossed it out and put 0mph. The damage to his car is again on the drivers headlight side for me that would suggest my wife was not on 'other' side of a one lane road but consistent with two cars turning in opposite directions.


From the start his solicitors have been aggressive and sending over a threatening letter requesting my wife pay the bills (1000+) within 14 days or go to court.


I have seen his report and cannot understand how he can win this. I am guessing he has only 3rd party so needs to try....


My Insurers agree that there is nothing to accuse either party and suggested 50/50 to which the other company refused, at the time I would have accepted that, now not so.


Had nothing regarding this for 6 months and thought it was over, however today I received a letter from my insurers asking to confirm my wife's address after a request from other parties solicitors.


Can anyone help, I have legal cover etc and happy to go to court but want to gather whether i am right to refuse liability, whether I am missing something and should be worried, and what monies if any would I have to pay out if he won???


Sorry for long post

Edited by Theseus
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when it gets messy like this just let the insurers fight it out, thats what you paid them for.

not worth the hassle and you get your car repaired quickly and no comeback with further claims, solicitors, court etc. oh and stress!

Fill out forms giving your details of the incident and who you think is at fault; You say it was 50/50 so I expect thats how they will treat it between themselves, just let them get on with it.

You will both lose NCB tho.

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