Lost at POPLA

bazster

Coupon-mad wrote: »

You honestly reckon a contract conducted at arms length via a sign that may or may not be drawn to a consumer's attention and doesn't meet Lord Denning's red-hand rule, is an on-premises contract?

No of course I don't and I never said I did. However, my opinion is not the law, and the law says what it says.

Hopefully a judge would interpret the law in the common sense way that you have, but this remains to be seen.

bazster

1gring wrote: »

Doesn't the trader ie 'me' has to agree tho? or by reading you are agreeing?

You're not the trader, you're the consumer.

The PPC argument is that you agree by performance i.e. where the sign says "If you do A then you agree to B", then by doing A you do indeed agree to B.

This might have some legs if the sign were so obvious and so readable (with a bloody great red hand pointing at the really scary bits) that you couldn't possibly claim not to have seen and read it.

However, this certainly isn't the case at JLA. Even if you saw that there was a sign (which you might not given the amount of clutter alongside airport approach roads), you certainly can't read the T & C's from a moving vehicle.

1gring

bazster wrote: »

You're not the trader, you're the consumer.

The PPC argument is that you agree by performance i.e. where the sign says "If you do A then you agree to B", then by doing A you do indeed agree to B.

This might have some legs if the sign were so obvious and so readable (with a bloody great red hand pointing at the really scary bits) that you couldn't possibly claim not to have seen and read it.

However, this certainly isn't the case at JLA. Even if you saw that there was a sign (which you might not given the amount of clutter alongside airport approach roads), you certainly can't read the T & C's from a moving vehicle.

Yes consumer . you are right you can't read all that , it only became clear after I stopped which by then it's too late

Coupon-mad

bazster wrote: »

No of course I don't and I never said I did. However, my opinion is not the law, and the law says what it says.

Hopefully a judge would interpret the law in the common sense way that you have, but this remains to be seen.

Agreed. So in the meantime I am using it a lot in new POPLA appeals, etc.

bazster

Coupon-mad wrote: »

Agreed. So in the meantime I am using it a lot in new POPLA appeals, etc.

See my point elsewhere (I started a new thread rather than keep cluttering this one) about only the driver being able to cancel (if anyone can).

Coupon-mad

And I answered it, disagreeing again!