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Help Please... NCP PCN BW Legal
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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.2 -
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...0 -
This is getting outside the realms of a consumer parking forum and we need @bargepole or @Johnersh to pronounce.3
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Which is wrong; a contract requires certainty of terms. DId you point out the MAY? May and Will hve different meanings.2
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nosferatu1001 said:Which is wrong; a contract requires certainty of terms. DId you point out the MAY? May and Will hve different meanings.
Everything else He just said his bit and knocked every point down.0 -
Le_Kirk said:This is getting outside the realms of a consumer parking forum and we need @bargepole or @Johnersh to pronounce.0
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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.2 -
nosferatu1001 said: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.1 -
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.2 -
I dont think tha tthe OP should appeal. I just want them to actually do something for themselves.2
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