Board Resolution

Frank_Exchange

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?

Coupon-mad

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.

Frank_Exchange

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

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

Frank_Exchange

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

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

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.

Frank_Exchange

Sorry next month not next week.

Coupon-mad

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)?