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Does anyone know anyone that would fund a transcript for a hearing i attended that highlight with absolute eloquence, an aspect of contract law that could be used in 99% of PCNs sent out in relation to parking on unmarked property, for example the patch at the back of a shop alongside a road with no clear boundary.
The hearing was about 45 minutes long, i wrote a thorough and comprehensive defence based on non compliance with POFA, no contract of authority, unclear signage and Forbidding signage.
Subsequently they threw in a load more images 4 working hours before the hearing which i requested not be admitted. The judge admitted them however clearly in the knowledge that he had already read the paperwork and had a clear plan of his own for tearing BW Legal a new one that not only sent them packing on this case but made clear that if they ever set foot in his court room again with a similar case they were gonna get the same treatment every time.
The judge was amazing. It was a joy to behold. He let me have my little moment quoting Bull and gave me a gentle pat on the head and went off on his on path.
The hearing was in relation to a sign at the back of a shop saying permit holders only.
In the course of the hearing he asked the agent for BWL:
Where is here? Could you please explain to me where here is? Your picture taken from Google maps has a red line around it, but that doesn't actually exist in real life, it exists only in the mind of the person drawing it. Your sign says, "here", "This site. S-I-T-E" and "This land", but i don't know where here is? Could you clear that up for me? I mean is here 6 feet up the wall? I doubt it. Is it in the general area of *insert town*? Probably not. There isnt a map by your sign.
I can see a yellow line on the tarmac, but your sign doesn't make any reference to or describe a yellow line that might enable me to tell from your sign that this might be where "here" is. So please help me because i haven't got the foggiest idea from the sign where here is.
I'm afraid that there is no certainty in where here is and without certainty there can be no valid offer of contract as the driver couldn't possibly have understood what he was being offered.
I tried to speak but the judge simply told me that courts don't here arguments gratuitously and carried on.
The agent requested leave to appeal because he said the judge was wring to which the judge said, "On what basis? You're welcome to request it but to be granted leave to appeal you need to demonstrate that i am wrong in law. I would just like to know what law it is you think I'm wrong in."
He then reached for his big book and so eloquently told the agent that he agreed with him that parking management companies provide an important and valuable public service that enshrined in law and he agrees with it. However certainty in a contract is trite law and it goes back to Roman times etc etc. He repeated his judgement so as to be absolutely certain that any appeal stood no chance whatsoever and proceeded to explain to me all of the expenses I was entitled to.
There is no doubt he took great pride and pleasure in so eloquently, respectfully and professionally hammering BWL.
For the final 10 minutes of the hearing i couldnt actually look the judge in the eye and had to cover my mouth and look at the desk to stop myself laughing out loud. It was genius. What a legend.
I then went home and brought the judgement to the courts attention in light of an identical claim that was due to be heard a week later. That one was swiftly discontinued.
I looked up whether I could get it transcribed as i had not read any case law with that argument but i could see that it would be beyond my financial means. Just wondering if anyone elee would like to fund it and i could send them the details of the hearing.
The hearing was about 45 minutes long, i wrote a thorough and comprehensive defence based on non compliance with POFA, no contract of authority, unclear signage and Forbidding signage.
Subsequently they threw in a load more images 4 working hours before the hearing which i requested not be admitted. The judge admitted them however clearly in the knowledge that he had already read the paperwork and had a clear plan of his own for tearing BW Legal a new one that not only sent them packing on this case but made clear that if they ever set foot in his court room again with a similar case they were gonna get the same treatment every time.
The judge was amazing. It was a joy to behold. He let me have my little moment quoting Bull and gave me a gentle pat on the head and went off on his on path.
The hearing was in relation to a sign at the back of a shop saying permit holders only.
In the course of the hearing he asked the agent for BWL:
Where is here? Could you please explain to me where here is? Your picture taken from Google maps has a red line around it, but that doesn't actually exist in real life, it exists only in the mind of the person drawing it. Your sign says, "here", "This site. S-I-T-E" and "This land", but i don't know where here is? Could you clear that up for me? I mean is here 6 feet up the wall? I doubt it. Is it in the general area of *insert town*? Probably not. There isnt a map by your sign.
I can see a yellow line on the tarmac, but your sign doesn't make any reference to or describe a yellow line that might enable me to tell from your sign that this might be where "here" is. So please help me because i haven't got the foggiest idea from the sign where here is.
I'm afraid that there is no certainty in where here is and without certainty there can be no valid offer of contract as the driver couldn't possibly have understood what he was being offered.
I tried to speak but the judge simply told me that courts don't here arguments gratuitously and carried on.
The agent requested leave to appeal because he said the judge was wring to which the judge said, "On what basis? You're welcome to request it but to be granted leave to appeal you need to demonstrate that i am wrong in law. I would just like to know what law it is you think I'm wrong in."
He then reached for his big book and so eloquently told the agent that he agreed with him that parking management companies provide an important and valuable public service that enshrined in law and he agrees with it. However certainty in a contract is trite law and it goes back to Roman times etc etc. He repeated his judgement so as to be absolutely certain that any appeal stood no chance whatsoever and proceeded to explain to me all of the expenses I was entitled to.
There is no doubt he took great pride and pleasure in so eloquently, respectfully and professionally hammering BWL.
For the final 10 minutes of the hearing i couldnt actually look the judge in the eye and had to cover my mouth and look at the desk to stop myself laughing out loud. It was genius. What a legend.
I then went home and brought the judgement to the courts attention in light of an identical claim that was due to be heard a week later. That one was swiftly discontinued.
I looked up whether I could get it transcribed as i had not read any case law with that argument but i could see that it would be beyond my financial means. Just wondering if anyone elee would like to fund it and i could send them the details of the hearing.
