The proof is that you listed the items which is clearly logged and visible.. The charge is for the listing not successfully completing an auction/sale.
See, this is a prime example of what I mean. There's no dispute that he listed items, so proof of such is irrelevant. However, you're taking the purported meaning of the cryptically phrased document-that-nobody-reads as immutable truth. Fact is that ebay failed to successfully execute the auction - they accepted bids from the guys in the back with the way-out-of-range numbers hand-drawn on cardboard.
>...cryptically phrased document-that-nobody-reads as immutable truth.
If you agree to use a service without reading the fine print, then you're obligated to what you agree to. "Nobody reads it" is not an excuse that a judge uses to nullify a contract.
