Advice re. Appeal in Small Claims Court

[muttley]

OK, i'll keep it as brief as i can...

Assisted friend in taking local garage to court. Claim was for unauthorised and unnecessary part fitted to his car. He lost.

Specifically, he claimed that no contract existed to supply and fit the part, and that it was not needed to be fitted.

In their defence, the garage admitted in writing that they "decided to change the part", i.e. no authority sought.

I attended the trial. The DJ spent the whole hearing establishing that since the part would have received an advise in an MOT, that if it didn't need replacing now, it would do soon.

My friend raised the contract issue, i.e. the lack of authority 3 times. The DJ ignored him.

The DJ made no reference to the finding re. authority in his judgement in favour of the garage.

Following judgement, he was asked about the contract issue, and he simply said he did not have to discuss and said good bye.

IMHO, the DJ did not address the substantive issue, i.e. the existence of a contract.

I have read that an appeal can be made if a) the judgement was wrong, or ) there was a procedural error.

Does not addressing the claim count as either a or b?

[labman]

Re: Advice re. Appeal in Small Claims Court

Have you read this?

http://www.insidetime.org/resources/...urtService.pdf

[enquirer]

Re: Advice re. Appeal in Small Claims Court

The DJ spent the whole hearing establishing that since the part would have received an advise in an MOT, that if it didn't need replacing now, it would do soon.

The reasoning is absurd.

[labman]

Re: Advice re. Appeal in Small Claims Court

Indeed, 'Would do soon' means it did NOT need replacing then. If it would have been an advisory, it was roadworthy. If a garage changed something without my consent, I'd be fuming. It is known to be good practice to phone the customer and seek permission in these circumstances.

[charitynjw]

Re: Advice re. Appeal in Small Claims Court

Ab absurdo, as CC might say!