The IAS assessor is once again deliberately mis-stating Elliot v Loake in order to project his false narrative.
From another website;
You refer to Elliot v Loake (1982) as case law which supports the view that the owner of the vehicle, if there is no contrary evidence, is the driver.
This is an incorrect representation of the case for the following reasons:
The facts of the case are that the appeal judge ruled that the appellant was the driver because of the ample evidence that he was the driver, and not, as you incorrectly state, because of the lack of evidence as to who the driver actually was.
In the case there was ample evidence that justified the magistrates to conclude that this man was driving his blue sports car on the night when it collided with the stationary car.
Additionally, a crucial part of the case was that forensic evidence showed that the appellant lied. Other material facts were that the driver had the only keys in his possession that night and that no-one else had permission to drive the car.
This case does not therefore introduce any binding legal principal as this case turned on its own facts. If any principle can be adduced, it is the well known principle that once a witness has been proven to have lied in one respect, it is likely that their evidence elsewhere is also false.
The IAS assessor is deliberately seeking to circumvent the requirements of PoFA.