PCN from VCS, Gallagher retail park Scun thorpe

Cerberus1007

The rep asked me outright and I confirmed I was the driver.

nosferatu1001

Which is always a risk. 
How was landowner dealt with?

Cerberus1007

In the evidence was a contract with the landowner to provide ppc services. It seemed legit to me and it never came up at the hearing.

D_P_Dance

 The judge wasn't happy that I didn't confirm myself as the driver before the hearing and that the references to "the driver" in my witness statement suggested I wasn't the driver. 

If you were not the driver the judge may have erred in law.  This needs to be followed up.  

Cerberus1007

I was the driver but didn't confirm it incase VCS failed pofa. It was annoying because the judge had just said its up to the claimant to prove their case but now apparently I was supposed to prove it for them.

D_P_Dance

Which is why I  suggest you investigate complaining, read this

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

Cerberus1007

I would be interested in complaining but I have little faith in the system at this point and would expect the powers that be to close ranks and call it a vexatious complaint, landing me in hot water.

Redx

Cerberus1007 said:

I was the driver but didn't confirm it incase VCS failed pofa. It was annoying because the judge had just said its up to the claimant to prove their case but now apparently I was supposed to prove it for them.

VCS never comply with POFA and afaik never bring a court case under POFA

They bring a case on the assumption that the keeper and driver are one and the same person and so try to prove that ideology is correct , which they did , by asking the defendant if they were the driver of not

This means that the defendant either tries a POFA defence , or a driver defence , not one that is a mixture of both , because any failure by the defendant hands over a win , it's not be necessarily true to think it's a pick and mix menu with a plan , A , plan B and a rearguard action near the end of the campaign

A POFA Defence is better when the keeper and driver are 2 different people

nosferatu1001

Or if you had paid a real lawyer to appear, then you couldnt have been questioned. 

Umkomaas

Defendants are always vulnerable to the question, "Were you the driver?" if they actually were but using PoFA as their shield and as a fundamental part of their  defence. Unless they can argue it very well via an extremely detailed knowledge of the Act, the rug starts to slide from under the feet quickly. 

Always best if the keeper wasn't the driver, and the PPC has failed PoFA requirements.