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« on: December 08, 2023, 05:03:26 pm »
As intimated by rookie a judge may ask "well, were you driving".
I think your argument is simple: "They have not complied with PoFA and therefore cannot persue me in my capacity as keeper."
That may be true. But until you receive a statement of claim and skeleton argument you won't know what they are arguing. You would also need to keep the argument confined to that point.
Equally does an inability to persue you keeper prevent them from persuing you as driver ? The underlying contract was formed by the driver, whoever that may be.
Yes, of course you can state "but they don't know who the driver was", but if the judge ask the question it's a problem.