I was thinking the hearing would be where I make my full defence. This is the same defence I have used throughout the process so far.
I wasn't the driver so my answer would be 'no'.
Hypothetically, what if the judge then asked you “in that case, who was driving?”.
Then as long as you are aware that perjury is a criminal offence you have nothing to worry about. If you, the keeper, were not driving, then your defence will stand and the burden of proof is on VCS to evidence otherwise. They cannot simply assume or infer that you were the driver. They have no other evidence they can use.
Without reading back, has this already been allocated to a court local to you? If so, which court? Some circuits are better than others in the judge bingo game. However, as you were not the driver, you cannot be liable and the judge should dismiss the claim. You should also be aware that you can claim some limited costs such as transport and parking plus up to £95 for loss of earnings on the day of the hearing. If you can persuade the judge that the claimant has acted unreasonably by vexatiously pursuing the claim when they knew they had no right to peruse you as the keeper and no evidence to prove you were the driver, a judge can award costs in ecxcess of the small claims limits.
