15 December 2024

Being 'cute' turns expensive

This kitten is cute.

This multiple PCN decision, number 2240371472 amongst others, is cute for the enforcement authority ('EA') the London Borough of Southwark, but not for the Appellant.





 




The hire company are 14 times £130 down = £1,820 which they will have to try and recover from Mr Clarke.

There is little for Mr Mustard to say about this mess and he has seen a hire agreement which one of his client's definitely didn't sign, hire companies can easily transfer a digital signature to another agreement.

The signature being different can sometimes be explained by how it was signed, Mr Mustard can't manage a real looking signature on the Royal Mail hand-held device so tends just to put a squiggle.

Ambiguity is in law usually construed against the causer which would have left this hire company in difficulty in any event.

Adjudicators are all legally qualified and bring to the tribunal their experience in other branches of the law. You aren't going to pull the wool over their eyes in a hurry.

The end.

 

1 comment:

  1. Fascinating case - there was a similar situation brought up on FTLA a couple of months back with a hirer running two parallel hire agreements (one less than six months which is renewed, and one longer than six months) to enable PCNs to be passed on under all different scenarios. They had an attempt to reallocate a PCN rejected by Camden on the basis they'd done it before with a different length hire agreement and Camden smelled a rat.

    ps 14 x £130 = £1,820

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