Just received their witness statement! Am I done for?

4yearoldclaim

Hi guys, 

I followed the advice given previously, did my witness statement and sent it off - happy days.

I just received their witness statement via email today and my stomach churned when I read "For the avoidance of doubt, it is submitted that my Company do not seek to rely on POFA." 

My defence was based on their NtK not being PoFA complaint and seeking damages in excess of any sum hidden in small print. 

I have attached both my defence and their witness statement and evidence they are using. Am I stuffed?

Have no clue what the next steps are apart from turning up to court on 1st Sept and sticking to my lines of defence. Any advice on how best to proceed?

My defence
Their witness statement
(Names and sensitive info have been removed) 

Thanks for any help/suggestions in advance.

Fruitcake

It is irrelevant whether the claimant is relying on the PoFA or not. If the keeper was not the driver, and the claimant do not know who the driver was, then the keeper simply cannot be held liable.

Having said that, if this is to do with your existing thread then please let this one die and only post on your other one that has all the history and relevant information contained within it.

Coupon-mad

my stomach churned when I read "For the avoidance of doubt, it is submitted that my Company do not seek to rely on POFA." 

I never get why people worry about this and don't see that in fact, this wins your case for you!  It is EXACTLY what you want.

Unless you were also driving and the Judge asks and you have to admit to driving, they have effectively admitted that you win.  If you weren't driving, they are stuffed.

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