Hi all, just an update on this. The evidential hearing is taking place next month.
While I'm aware that the burden of proof is on the claimant, should I provide any 'evidence' that supports my case?
Firstly, I genuinely was not even in the vehicle at the time so they will not be able to prove my responsibility. But the Sheriff said, rather ominously, that they would examine the 'balance of probabilities' - this makes me wonder will they just say 'well, its your car so the likelihood is you were the driver'?
I can provide evidence of whatsapp messages between me and my partner on the day / time of the ticket that show me telling him that I'll have to get the bus to my regular yoga class and that my yoga mat is in the boot of the car. The class, that I booked onto, took place at 5:30pm in my city on Sundays. The time of the ticket was 5:15pm in another county, 45 min drive away on a Sunday.
I also have photos taken a couple of hrs earlier that day from my city.
Would it hurt to add these screen shots and photos? I guess they can't go against me in any way? I could also ask my yoga teacher for a copy of my course booking info, although that doesn't prove I attended that particular class that day.
