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Witness Statement VCS
Comments
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Good afternoon
thank you for the reassurance and guidance,I called court today and they confirmed receipt of the bundle.
Will update forum of the outcome following hearing next week.
Kind Regards0 -
Good Afternoon
Thank you very much all for your help and support. I have been to Court and unfortunately it didn't go my way, the Judge relied on my defence statement rather than my witness.
As someone highlighted before that it seemed to suggest I was the driver and it not specify I was not the driver, the Judge decided on the balance of probability I was the driver.
They also stated by allowing someone to drive my car I am equally liable.
They quoted POFA 6 stating the claimant can pursue keeper if no details of driver are given and dismissed my argument for failure to comply with POFA 8 and 9 because I did not give the details of the driver.
They also stated the driver had the opportunity to log onto the website to see the details of the contravention but didn't.
They said the photographs of the signs clearly shows there was sufficient signage.
The judge was interested in My Witness Statement other than my Defence Statement which was poorly written and incriminated me.
Anyways we learn as we go, I should have sought guidance for the Defence Statement before submitting it.
VCS did not request fees to be added to the £210 judged, will they be allowed to add costs after the hearing or that is it now.
Kind Regards0 -
"They also stated by allowing someone to drive my car I am equally liable." - no, theyre wrong there.
"They quoted POFA 6 stating the claimant can pursue keeper if no details of driver are given and dismissed my argument for failure to comply with POFA 8 and 9 because I did not give the details of the driver."
Perverse. If they dont meet the req or 8 OR 9 (never both) then they cannot chase the keepe.r
They have no allowable costs to add on.0 -
At least we tried - I knew my argument there regarding failure to meet the requirements of POFA 8 and 9, however my heard just went blank then.
We call it a day, until next time. Now I know not to incriminate myself in Defence. I feel like appealing judgement but the hassle is not worth it.
Cause clearly the Judge has not taken into consideration the legal argument, will see the judgement when it comes0
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