Thread: Lidl parking
View Single Post
  #403   Report Post  
Posted to uk.d-i-y,uk.legal
Rod Speed Rod Speed is offline
external usenet poster
 
Posts: 40,893
Default Lidl parking

tim..... wrote
Rod Speed wrote
Norman Wells wrote
Rod Speed wrote


Very difficult to prove that you didn’t use the shop when you used the
carpark.


That depends on what exactly the displayed conditions were.


Nope.


It does where the condition is:


"to prove that you were a customer you must give you details to the
cashier as you pay for you goods..."


That sign doesn’t do that.

They determine what has to be proved, and where the burden of proof
lies.


Nope. The basic law on proof still applys.


the law is not as ass Rod.


It can be at times.

Provided that the conditions are sensible (which ISTM in this case, they
are),


You don’t know that.

the law will not impose alternative methods of, in this case, determining
who is and who is not a customer, than that which is in the contract.


You don’t know what is in the contract.

If you don't comply with the required method,


You don’t know whether he did or not.

you don't have the argument - but they could have determined this a
different way


They STILL have to show that you did not comply with the conditions.

It isn't up to the customer to show that they did.

They still have to prove that you didn’t comply with the conditions.


agree


in this case "show that you didn't give your details to the cashier"


You don’t know that that is a condition.

- I accepts that in some cases it will be possible for the customer to
say, "but I did, the cashier must have recorded it incorrectly",


Or didn’t record it at all.

but the OP has already told us that this is not the case here.


You don’t know that he remembered that
correctly, or that that is a condition there.

As above, the required level of proof is not to force the company to show
that the person was not a customer, by some other means.


There is no obligation on Dave to show anything.

Its up to Lidl to show that he did not shop there
when he parked there and they can not do that,
so they get to wear his costs if they are actually
stupid enough to attempt to see him in court.

They won't be that stupid, you watch.