ES Parking Enforcment Ltd Ticket face down charge notice

meagainin

Here's a link to the Claimant's witness statement. Apologies Claxtome, they did provide a copy of their 'contract'.

https://www.dropbox.com/s/wugtxqy8wjpz46w/redacted1.pdf?dl=0

System

they did provide a copy of their 'contract'.

Two issues. Firstly they always provide facsimiles of the signs rather than pics of the signs on site. So you challenge them to prove that what they say was there, was actually there rather than just rolling over on it.

The more interesting question is who is the "client". Companies House shows no "Total Car Park Solutions" or at least I cannot find any company of that name. Who did the Council say was the occupier? Have you checked the planning permissions as to who applied for PP to use the site as a car park?

Notice the pic on page 16 where they have P&D signs and this article

http://www.warringtonguardian.co.uk/News/15031364.Winwick_Street_site_stops_operating_as_car_park_following_threat_from_planning_officers/

nosferatu1001

Have you checked the contract to ensure they have the required authority, ie to contract AND pursue to court, all in their own name? Is it still valid? Signed by someone who owns the land?

Castle

Here's Claxtome's Skeleton Argument, (post 188), for the same car park, (and same "offence"):-
https://forums.moneysavingexpert.com/discussion/5715702/fluttering-ticket-going-to-court&page=10

meagainin

I have used part of Claxtome's skeleton argument about the claimant not having the authority but I didn't know how much detail to go into or whether I should be saving it for my skeleton argume

meagainin

I'm going to be working in this tonight so will probably have a few more queries.

meagainin

Well I got my response about my request for a stay, the want me to fill in an N244 form and pay a fee first!

meagainin

I've read through Loadsofchildren's Millenium thread but I'm a bit confused about how you know whether a company has a legal personality?
Claxtome's excellent skeleton argument mentions that ESPEL doesn't have a legal personality and I'd like to use this in my witness statement but I don't understand why it doesn't have one.
Could anyone advise me further?

Coupon-mad

meagainin wrote: »

Well I got my response about my request for a stay, the want me to fill in an N244 form and pay a fee first!

Normal for Northampton!

meagainin

IamEmanresu wrote: »

Two issues. Firstly they always provide facsimiles of the signs rather than pics of the signs on site. So you challenge them to prove that what they say was there, was actually there rather than just rolling over on it.

The more interesting question is who is the "client". Companies House shows no "Total Car Park Solutions" or at least I cannot find any company of that name. Who did the Council say was the occupier? Have you checked the planning permissions as to who applied for PP to use the site as a car park?

Notice the pic on page 16 where they have P&D signs and this article

http://www.warringtonguardian.co.uk/News/15031364.Winwick_Street_site_stops_operating_as_car_park_following_threat_from_planning_officers/

Unfortunately, this is a different car park to the one my case relates to.

The contract was signed by Sean O'Neill for Total CarPark Solutions but as you say there's no company by that name registered at Companys House.
Claxtome notes in his thread about the same car park that Sean O'Neill's email address is for Iliad, which was/is one of the lenders listed on the land registry info but they're not listed as the owners of any of the freeholds/leasehold.
The owners listed are;
Winwick Ltd
Zoe Warrington Ltd
Faraday Management Ltd (incorporated Isle of Man)

Winwick Ltd, Zoe Warrington Ltd, Iliad and Total CarPark Solutions all appear to work in the same building in Liverpool.

Sean Peter O'Neill was a director of Iliad until November 2012. (I'm assuming he was still employed by Iliad in some way as the Parking Contract he signed is dated 1025.
The closest I can find to a company called Total CarPark Solutions is that Mr O'Neill is currently a director of Total Parking Services Ltd.

Temporary planning permission was granted to Iliad in 2011 for consent to use the land as a car park for 5 years (Iliad asked for 10 years) and one of the conditions of the consent was that 'The use of the site as a car park shall be discontinued and the land restored to its former use within 5 years of the date of this consent, unless planning permission is granted by the Local Planning Authority for the continued use of the land as a car park'.

I've looked through the rest of the planning consents for this land and the only variance I've been able to find is one requesting permission for a car wash.

Does this mean that there is no planning permission for the car park?