IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Help Please... NCP PCN BW Legal

Options
189111314

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Which is a finding of fact. 
    I would have argued that the MAY meant there was no certainty of terms meaning there could be no contract. 
    You're out of your depth, I would suggest, as you havent yet taken the time to sit back and work out what I asked you to - whic his whether there was an error in LAW or in FACT. You cannot do this in 5 minutes.
  • Mrplay123456
    Mrplay123456 Posts: 70 Forumite
    10 Posts Name Dropper
    edited 6 October 2020 at 3:11PM
    Yes I pointed this out and He said sorry it is legal...
    I also think He had made is mind up reading both WS, as in His ruling He started out very quickly...
  • Le_Kirk
    Le_Kirk Posts: 24,640 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This is getting outside the realms of a consumer parking forum and we need @bargepole or @Johnersh to pronounce.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Which is wrong; a contract requires certainty of terms. DId you point out the MAY? May and Will hve different meanings. 
  • Mrplay123456
    Mrplay123456 Posts: 70 Forumite
    10 Posts Name Dropper
    edited 6 October 2020 at 3:20PM
    Which is wrong; a contract requires certainty of terms. DId you point out the MAY? May and Will hve different meanings. 
    No I did not bring this point up myself, as soon as He said they are legally entitled to claim due to this clause, it made me feel he was against me.
    Everything else He just said his bit and knocked every point down.
  • Le_Kirk said:
    This is getting outside the realms of a consumer parking forum and we need @bargepole or @Johnersh to pronounce.
    Would be nice to get other views on this.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It would have had to have been in your defence
    May issue a PCN - uncertain term
    Separate to adding on unspecified amounts. AGain, this is an uncertain term 0- you cannot contract for an unknown amount
    As i said it happens
    But
    you are ignoring what youve been told
    Sit
    Back
    and 
    Stop
    Posting.
    Work out from your notes whether the judge erred in law. If yes you have a possible appeal.
  • Which is a finding of fact. 
    I would have argued that the MAY meant there was no certainty of terms meaning there could be no contract. 
    You're out of your depth, I would suggest, as you havent yet taken the time to sit back and work out what I asked you to - whic his whether there was an error in LAW or in FACT. You cannot do this in 5 minutes.
    Yes I am sorry, that is why I am on here reading and listening to others.  Many thanks in advance to all
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes it was a bad ruling, saying that you may charge an unspecified sum does not create certainty of terms sufficient to form a contract. The Judge should have known that.

    However, those suggesting the OP should appeal are completely deluded. He copied some template or other, which he didn't understand one word of, and couldn't explain any of it to a Judge. If he appeals, he will have to pay a £120 court fee, plus about £50 for the Judgment transcript, and than come up with a Skeleton explaining why the Judge erred in law. Then, if granted leave, he will need to argue the case before a Circuit Judge, with no lay rep allowed.

    This is like asking someone who can't swim in the kiddies' paddling pool to jump in the deep end of the adult pool.

    I don't agree with the whole idea of putting templates on forums. It's just asking for trouble.


    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I dont think tha tthe OP should appeal. I just want them to actually do something for themselves. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.