Mostly LOST case— (Premier Park & BWlegal for ANPR overstay)

beamerguy

WhizzKid said:

Or she! 

Then maybe handbags at dawn

WhizzKid

So, after much COVID to-ing & fro-ing about meeting face to face versus BT meet me I am in single figure days now until my hearing in person. I have been been reading interim judgement postings here about adequate defences and double recovery (which is in my defence, but not the major point). My principal points stand. However, have there been any other developments in the intervening time whilst I have been fighting at the COVID coalface?

beamerguy

WhizzKid said:

So, after much COVID to-ing & fro-ing about meeting face to face versus BT meet me I am in single figure days now until my hearing in person. I have been been reading interim judgement postings here about adequate defences and double recovery (which is in my defence, but not the major point). My principal points stand. However, have there been any other developments in the intervening time whilst I have been fighting at the COVID coalface?

We have seen a couple of cases where the judge failed to understand about double recovery. In the one today, the judge made a big mistake by saying the fake £60 was ok to add.
https://forums.moneysavingexpert.com/discussion/6100254/help-please-ncp-pcn-bw-legal#latest

He did so on the basis that the T&C's said about debt recovery but, the T&C's never mentioned an amount so therefore the T&C's formed an unfair contract. Be aware so you have the right answer to give a judge

WhizzKid

Thanks so much. So, in terms of a contract, the terms are not explicit (nor are they available at the point at which I was expected to consider entering into a contract), and therefore cannot reasonably represent an offer for acceptance? Is this so?

nosferatu1001

Yep. They create uncertainty of terms, and a contract cannot have such. 

Mrplay123456

My Judge did not agree, said it was legal for them to add the costs

WhizzKid

I am hoping that if I make it clear that it is unfair for the judge to assert that I should have to accept a contract with unknown terms. For terms to be 'elucidated' after contact 'acceptance' would be a post-hoc, unilateral alteration to the contract and therefore nullify it surely. Knowing your recent misfortune I am prepared to argue this. I am sorry about what happened to you.

Lupo26

when's your hearing? very best of luck

WhizzKid

Soon! They are watching you know! I was amazed to see my posts referenced in my POPLA information!

WhizzKid

This morning, in the District Court at Winchester, having indicated to the Court that there would be an advocate, BWLegal failed to attend before Deputy District Judge Stewart.
The judge awarded me some costs.
Whilst I am happy this is over, I am of course disappointed in equal measure. This is a monumental waste of tax-payers’ money in tying up the courts, and of course my own, having taken a half day from reasonably important work (costs are not even remotely close to what my time is usually billed at).
Whilst I shall return to work today to make sure you are all the more safe from SARS-CoV-2, were I to have time, and I certainly have the inclination, I should be happily instructed as to what to do now to try to help anyone else avoid this vexatious litigation, of which am clearly not the only sufferer.