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Board Resolution

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Frank_Exchange
Frank_Exchange Posts: 17 Forumite
in Parking tickets, fines & parking
Am I right in saying unless the articles of association state a particular director can enter into a contract with Parking Eye they need a board resolution to form a contract. If no board resolution produced at court would that make the contract invalid?

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  • Coupon-mad
    Coupon-mad Posts: 132,172 Forumite
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    Unlikely - you aren't Perry Mason and a small claims Judge is not going to be interested.

    You need to keep all queries on one thread as it helps us know what's what.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Frank_Exchange
    Frank_Exchange Posts: 17 Forumite
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    Sorry to continue on this thread but is it not standard case law. From shoosmiths.

    Authority
    In most cases the directors will have authority (usually in the articles) to bind the company in contract. For persons dealing in good faith with the company, the Act provides certain protections whereby the power of the directors to so bind the company is deemed free of limitation. However, directors should ensure that the articles and the terms of the relevant board resolution provide them with authority to bind the company and execute the document. Particularly for major contracts, and despite the statutory protection, the other parties to the document should also check the articles and board resolutions to ensure there is no question about the power of the directors to bind the company.
  • Half_way
    Half_way Posts: 7,067 Forumite
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    The person with overall responsibility for the car park/grounds would usually have the authority to do such ( stupid ) things as getting a PPC on site delegated to them to act without a committee meeting/full board decision, the issues arise when the committee/board/company does not have the authority in the first place ( ie with residential cases, or where they don't own the land/have the right to do such things form the landowner


    As an opening post, whats the history behind your question? do you have an parking charge notice that the PPc is now trying to take to court? if so i fear you are barking up the wrong tree and could be onto a loser
    From the Plain Language Commission:

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  • Frank_Exchange
    Frank_Exchange Posts: 17 Forumite
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    Yes up in court next week. My thoughts are unless the evidence is presented at court either the other party has to concede they do not have authority or request an adjornment.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    edited 15 April 2017 at 7:32PM
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    Frank_Exchange wrote: »
    Yes up in court next week. My thoughts are unless the evidence is presented at court either the other party has to concede they do not have authority or request an adjornment.

    Your thoughts are good but a judge would not be interested

    If you are in court next week, it's a bit late

    What do you intend to use as your defence ?
  • Coupon-mad
    Coupon-mad Posts: 132,172 Forumite
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    This poster has two threads running. Please, please stick to your main thread. You can see no-one knows about your case here.

    This idea will get nowhere in court next week, sorry. You can beat PE on facts/signs/grace periods or double dip proof if applicable but not nitty gritty like that, which they would bat away in seconds.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Frank_Exchange
    Frank_Exchange Posts: 17 Forumite
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    Sorry next month not next week.
  • Coupon-mad
    Coupon-mad Posts: 132,172 Forumite
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    OK, so on your other thread, the one telling us all about the case, reply and show us your draft Witness Statement or have we already seen it and commented on it (see the confusion of 2 threads running, where people don't have time to flit between two)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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