VCS Letter Before Claim - CASE DISMISSED

Le_Kirk

Turnip00 said:

So would I have to tell the judge who was driving?

You don't have to tell the judge who was driving but if the judge asks you outright "were you driving on the day in question?" what are you going to say?

D_P_Dance

So refusing to answer , or lying , will not go down well , even a No Comment will not go down well

What about "I do not remember"  how well will that go down?

Le_Kirk

D_P_Dance said:

So refusing to answer , or lying , will not go down well , even a No Comment will not go down well
What about "I do not remember"  how well will that go down?

If there are other people who regularly use (or could use) your car and they are insured or drive on your or their own insurance (driving other cars not belonging to or hired by them) that is what you say!

D_P_Dance

Indeed, and if you leave your car at a garage for a service you have no idea of who may drive it..  

Turnip00

It seems the pofa route, which was in my opinion my best chance, is looking slim. What one could say and should say are two different things. 
I was probably naive in thinking that as they hadn't complied with pofa, then the PCN was invalid. 
Reading that other thread makes me think I should have put together a longer than two lines. 

Redx

A PCN is never invalid and the claimant is unlikely to be using POFA

The reason I linked that thread is you can see where they went wrong and why and prepare now to be different about yours

Always assume you will be asked if you were the Driver , sometimes an honest Driver defence and WS is better , unless you pay a lawyer to assist and leave them to deal with the awkward questions

nosferatu1001

It is simply one defence. If they dont ask, you dont have to answer. if you honestly cannot remember, you honestlyanswer. You are not required to keep any records of who drove, it happened X months / years ago, etc. 

Yep, turns out failing to prepare is preparing to fail. 
Rescue it at WS stage, and bloody well fight. Youre being far to damned defeatist. Get annoyed at them. Channel that anoyance. 

Turnip00

I do believe in honesty.
I have been doing some research but life has also taken over. 
I'll keep on at the landlord for the contract,  I have a few weeks left before I need to submit all my evidence.  

On a side note and this may sound like a ridiculous question,  but can the claimant win and also my counterclaim? 

Redx

If you have a counterclaim then each could go either way

A claimant could win on a legality , yet a defendant could also win on a legality

Or each could lose and walk away with nothing

A judge has to decide each case on its merits

Turnip00

Well that sounds positive, thankyou.  Not such a ridiculous question after all.