Updated 08/03 - I won my case!

RoseNarene

No news as such, just an update - I just had an email to request that the section of their statement that said they were POFA compliant be removed, because they don't intend to rely on POFA and are instead pursing me as the driver, not keeper, as I was the driver on the balance of probabilities. 

Coupon-mad

If you were driving then that doesn't matter.

RoseNarene

Soooo we’ve got two days to go - court is Wednesday - how likely are they to pull out at this point? Is it always last minute? 

Grizebeck

RoseNarene said:

Soooo we’ve got two days to go - court is Wednesday - how likely are they to pull out at this point? Is it always last minute? 

Unlikely to now

Coupon-mad

Is is in person?  Obviously you need all the documents with you, plus print out proof that you emailed the WS and evidence and proof that you posted or got a receipt for hand-delivering the court's version (as I think it exceeded 50 pages?).

Be really clued up on the fact it is 'non-POFA' and how to show the Judge this is not a case where they can hold the keeper liable.  If you were not driving, or in the balance of probabilities it wasn't you driving, then the POFA point is fatal to the case and you might need to lead the Judge to read Excel v Smith which is 'persuasive' on the county court level because it was an appeal.

There is no case against the registered keeper. Game over if it is not probable nor evidenced that you were driving.  But this is up to you to say at the hearing so write yourself some short notes.

Assume the Judge will have read nothing...the law is what YOU bring to and say at the hearing.

RoseNarene

Yes it's in person. It was 63 pages; I didn't realise I needed to hand-deliver the court's version if it exceeded 50. The document I got from the court with all the instructions on it doesn't say that. Yeah I know I need to have all the documents with me. Just really didn't want to have to go to court. My life is stressful enough as it is. 

Coupon-mad

Coupon-mad said:

That's good.  Too much of the POPLA Annual Report there though.  You only needed the page on Keeper liability!

I am a little concerned that this bundle will be too much for the court to print and they might reject it so give them a call tomorrow and ask if they need a hard copy too, in a file that you could hand deliver.  

I advised you about this, above.

RoseNarene

Yes I remember you saying that - I did send them an amended version with most of the POPLA report removed, which brought it down to 63 pages. I could always call them tomorrow.

Boat_to_Bolivia

RoseNarene said:

Yes I remember you saying that - I did send them an amended version with most of the POPLA report removed, which brought it down to 63 pages. I could always call them tomorrow.

I think you should call them first thing to see if they have accepted your WS.
Maybe too late, but that is what I would do.

RoseNarene

Ok, I will.