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Appeal refused by IAS

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  • Herzlos
    Herzlos Posts: 15,887 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    esmerobbo wrote: »
    By continuing to refer to Elliott v Loake would indicate that it surely can not be anyone with legal training adjudicating on these appeals. Would a solicitor/barrister make a written statement that a person is a liar, without the protection of a court?

    Not at all. But remember these people aren't looking for something that'll win in court, they just want something that to the layman looks like it'd win it court.

    Elliott v Loake is utterly inapplicable in a parking case, but it's the only one they've found they can twist to get a precedent for assuming the keeper was the driver.

    It's totally misleading and should be referred to the SRA and Trading Standards.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 3 January 2016 at 2:25PM
    Elliott Vs Loake relies on forensic evidence identifying the car; a unique mix of paint and filler, collected by a sharp police officer.

    It also involves the keeper stating that he gave no-one else permission to use the car, that it wasn't stolen and he had the keys, but was not the driver, and had already lied about the damage:


    Not a good basis on which to call the OP a liar, and possibly libellous imo.
    You never know how far you can go until you go too far.
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