Won in court: East Midlands Airport / Vehicle Control Services (yet again!)

Le_Kirk

If you, the defendant, are not the RK, are you defending as DRIVER?  If you are not the RK, how did you end up with the claim form?  Was your name given as DRIVER by the RK?

g0wfv

Yes, the Claimant (naively) admitted to being the driver.  The claim was issued against the driver.  The witness statement quotes the Defendant as being the RK and relies on POFA12 to pursue the alleged debt.  (omingst other things!)

KeithP

g0wfv said:

Yes, the Claimant (naively) admitted to being the driver.  

You mean "the Defendant (naively) admitted to being the driver".

Then POFA is irrelevant. You could challenge their point in your WS, but I can't see it getting far.

g0wfv

KeithP said:

g0wfv said:

Yes, the Claimant (naively) admitted to being the driver.  

You mean "the Defendant (naively) admitted to being the driver"

Sorry, yes, the Defendant! (head starting to spin in this heat!)

Le_Kirk

Gets even more confusing!  Is the defendant the RK or is the defendant the driver?  I am also assuming they are two different people.

g0wfv

Hahyes, I can see your confusion.  No the D is not RK!

Le_Kirk

g0wfv said:

Hahyes, I can see your confusion.  No the D is not RK!

In which case make sure your defence is correct and your witness statement corresponds with what you have said in your defence and you can also in your WS, point out the error (along with any others) in the claimant's WS.

Redx

If you are the defendant and also the admitted driver , then POFA doesn't apply

If the land is subject to bylaws , then POFA doesn't apply anyway

Coupon-mad

Ignore the stuff about the POFA. 

Why not just search for other VCS witness statement threads where we've demolished their template before?  No need to show it to us, we've seen it before and so should you have done (I hope?) by reading other VCS threads.  It's everywhere and been demolished umpteen times.

Search for VCS and a surname of a case they cite, like tedious old Kumari, Vine or whatever.

Fruitcake

If you have the scammer's WS please show it to us, especially iof it includes the alleged contract to scam.
Just ensure any of the defendant's personal data is redacted.

Anything the regulars can spot needs to go in your WS pronto.