as with all of these things you chuck the kitchen sink in and hope that you are ganted the right to appeal and then the new judge will decide what you can and cant use so until it is actually rejected you go for it and argue all points that you possibly can.
When your judge told you that you coulndt appeal it meant that he wont hear it again ( as the first stage of an appeal will be at the same court) so if yu are saying that he misdirected himself then it is possible he could reconsider the poinyt you say is wrong and decide that you were right after all and no-one else has to pay a small fortune to turn up and start all over again.
This is where you need plenty of persuasive or compelling examples so he is persuaded that he did lead himself down a blind alley.
Now where the Beavis decision was inportant as far as procedure goes si the decision of the lower court was made by HHJ hegarty, who always found in the parking co's favour but those decisions were generally ignored by other judges even though he outranked them and others are supposed to consider his decisions as being binding. The next court went with Hegarty partly because of his rank making it almost impossible not to do so.
So you need to know what rank your judge was, the lowest being a Deputy District Judge and also look at his CV and see who he worked for beforehand and what sort of cases they handled. if he was once in house counsel for Capita there would be a strong claim for a lack of independence in his decision making!
As a business, you are responsible for delivery – meaning safe delivery in satisfactory condition of the goods which are ordered online. On the other hand it seems to me that there is an implied term that the customer will make reasonable provision to be available or to facilitate the delivery.
If the notifications et cetera have been properly made then I would have thought that you would be in the clear. In case you haven't already then for future reference I would make it clear on your online store that this is what you expect from customers and that by continuing with the purchase, this is what they agree to. I don't think it will change very much but it will be evidence that the customer was put on notice and knew the risk
We sell flowers online
We have a customer who despite many notifications of attempted delivery and then taking to the post office for collection have failed to collect their goods and allowed them to die.
We know the law states that perishables are not cancellable or returnable
But what if the customer doesn't bother to collect
Are we still obliged to refund
If not can you show me where in law it states this
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!