A taxi driver who was claiming over £16,500 in credit hire charges has had his credit hire claim dismissed as he could not confirm that he had read or received the agreement’s terms and conditions.
In a case defended by Plexus Law’s Credit Hire Team the Claimant was unable to point out where the terms and conditions were, when the agreement referred to further terms and conditions “overleaf”, when he was cross-examined by Robert Golin, of Farrar’s Building Chambers on behalf of the Defendant.
As a result, the judge found that the Claimant had not proved the agreement was enforceable and dismissed the hire claim in full. The Claimant had been in hire for 84 days at a daily rate charged of £199. However, the Claimant had failed to prove his case on impecuniousity and applying the Hussain v EUI principles, the judge found that if the hire agreement had been enforceable, he would have only awarded £1,791.08.
In addition to the hire claim, the Claimant had also brought a claim for PSLA. However, he accepted that he had not read the medical report on which he relied and had not read his witness statement before he signed it.
Whilst the expert had offered a prognosis of around 8 – 10 months in respect of reported soft tissue injuries, the Claimant was awarded just £1,000. In a case which was pleaded in excess of £20,000 the Claimant was awarded in total just £1,034.85 inclusive of interest.
As the Claimant had failed to beat the Defendant’s Part 36 offer, his costs were reduced and the Defendant given an enforceable order in respect of their own costs.
This outcome represents another success for the Plexus Law Credit Hire Team whose strategy of robustly challenging hire claims has led to a significant saving for the client in this case.
For any further information regarding this matter please speak to your contact at Plexus law:
Chris Dibb, Associate
T: 01422 394 280
M: 07970 282 901
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