County Court Claim AM Parking Services Ltd

Coupon-mad

From now on, share everything with them that the court see. So, show them your letter too.

JimmyChan

Ok will add the covering letter "Please find enclosed my N180 and my covering letter to the court"

First class post and proof of postage to both the court and Gladstones is fine?

Coupon-mad

Yes that is fine. Then add the proof of posting receipts into your own file bundle, to keep them safe.

JimmyChan

Thanks again, bed time for me.

JimmyChan

So the DDJ ordered that the PPC file "fully particulised particulars of claim," I was hoping that they would forget, but alas they have refiled. While there is more information, it still skips over the request to show they have a cause of action by not providing a contract with the land owner. They have however used the phrase "the contract" to mean the one put up on the wall (between them and the drivers) which they are trying to enforce. I fear a judge will look at this and fail to distinguish between the two contracts.

I am currently re-ordering my defence and will ask the judge to allow this resubmission now detailed PoC have come to light.

JimmyChan

Can anyone point me to the law(s) which allows PPC to bring court claims in their own name? I am writting a covering letter to the judge to point out the PPC have again failed to provide a cause of action as they are merely acting as an agent to the landowner and have failed to include (or even allude to) a contract with the landowner. Basically the idea that they put a sign up on someone elses land does not mean they can bring action in the court.

DoaM

What you're looking for is the flow of authority from the landowner to the PPC allowing the PPC to bring claims in the PPC's own name. Their contract with their client should allow this authority. If their client is not the landowner (e.g. they're a management agent) then the client must also have authority flowing from THEIR contract with the landowner.

You put the PPC to strict proof of this flow of authority from the landowner.

Coupon-mad

They will point to case law (ParkingEye Ltd v Beavis [2015] and VCS v HM Revenue & Customs [2013] EWCA Civ 186) and argue about being able to sell Buckingham Palace!

Here you go, that daft reasoning is in this post, try to get your head around it:

http://forums.moneysavingexpert.com/showthread.php?p=72306021#post72306021

LoadsofChildren123 is legally qualified and she briefly touches upon how perverse this is, here:

http://forums.moneysavingexpert.com/showthread.php?p=72157664#post72157664

Bottom line is, the PPC needs the authority flowing from the landowner in the first instance, in order to give them the right to make contracts with drivers in their own name and to sue in their own name (which ParkingEye had, in the Beavis case).

Your PPC still needs to show they are more than just contracted to put some signs up and send out letters. Any administrator/contractor could do that 'on behalf of' a landowner, as a mere agent - but it wouldn't automatically mean they had standing to sue/form contracts.

JimmyChan

Cheers peeps I will read up on this and write up my covering letter and defence (again!) and post it up here for peer review (and to help anyone else). Thanks again you lot are amazing.

JimmyChan

They are claiming the driver accepted the contract through the act parking. I want to make the point that the vehicle was registered at this address long before signs went up. So therefore the appearance of performance to the contract is merely coincidental as no consideration for the signs took place.

Also as this is the address of the registered keeper was there even a driver and is it really parking? Surely this is just where the vehicle is being kept.

Sorry if you don’t think this is relevant (or that a judge will just think I am being pedantic) just trying to squeeze in every last defence point.