Is the lack of warning in NtK a failure of PoFA?

yetneveragain

Coupon-mad said:

troublemaker22 said:

There’s nothing to stop you including bad arguments as well as good ones, but if I were you I’d give greater prominence to the good ones 

Agreed.  The POFA point has no legs.

But that's the Goldstone Retail Park!

The site of the lovely old BHAFC Goldstone ground in Hove that some stalwart fans boycott, to this day, due to the history.

Savills will cancel it and alternatively, I'll hold the victim's hand if they get sued.  ECP are not litigious.  Get Savills to step in.

I am trying to persuade my friend to go back to Savills as they fobbed him off first time around. He is is still waiting to hear back from the initial appeal so that he can go forward with a POPLA appeal. Hopefully, he will get further with Savills second time around before it comes to POPLA.

troublemaker22 said:

Because (with all due respect to the learned judge) the statute doesn’t prescribe a form of words. It says the notice “must warn the keeper”. Can I warn you of something without using the word “warn”?  If you are about to step on a banana skin and I shout “Stop!  There’s a banana skin in front of you!” can you claim that I didn’t warn you about the banana skin because I didn’t use the word “warn”?

As you say, it may not be a very good argument point. However, as this District Judge has told me whilst discussing this forum, it is a point, if it were raised with him, that would be worth consideration. As we all know, it can come down to "judge bingo" in the end. Should it ever come to an actual hearing, I will take up @Coupon-mad's offer of a "hand hold".

I have already stated, it is not going to be the cornerstone of any POPLA appeal. It will be just one issue raised amongst the many other usual points of appeal, especially for an ECP PCN.