UKCPM - All appeals must be done by postal?

Coupon-mad

I'd remove all of this which is nothing to do with the SRA's remit, and relates to the Claimant, no Gladstones (the first phrase needs removing because it's not great English and not needed at the end of the sentence it's in):

 and this is what I got.
I will highlight the following errors:-
1.     The statement was signed by Jack Chapman on 19th March 2020, yet at paragraph 4, the ATA is referred to the Independent Parking Company yet the name was changed in 2016. This contradicts the name used for the IPC in paragraph 46.
2.     The event occurred on 06/06/2018 as seen at paragraph 10 and the parking notice charge (PNC). I appealed to this PNC on the 19/07/2018, however, according to paragraph 13 the appeal was rejected on 06/06/2018.
3.     Paragraph 14 says there was no response from myself and a further notice was sent on 10/07/2018 but fails to mention an appeal was received on 19/07/2018.
Since these dates cannot all be true, it puts into doubt whether the claimant has acted in accordance with the IPC’s CoP, and shows that the statement of truth is in fact false.
With regards to the Parking Enforcement Contractual Agreement :-
1.     Paragraph 23 refers to an agreement with the landowner, yet both paragraph 5 and the agreement itself do not name nor show an agreement with the landowner, only a management company. No contract has been provided to show that UKCPM has authority from the landowner, or flowing from the landowner via a third party management company.
2.     The signatures do not meet the strict requirements of Section 44 of The Companies Act 2006. This states that for a contract to be executed, it must be signed by two authorised signatories, or by a director and a witness, from both parties.
a.     Since there is only one signature from each party, and neither are identified as being authorised to sign on behalf of their respective companies in accordance with the act, the contract fails to have been properly executed.
Neither of the signatures are legible and names have not been provided.
In addition, the alleged contract has not been dated by either party so there is no proof that it was in operation at the time of the alleged event.
3.     As for the Management Company called HML Andertons, I cannot find one of that specific name, nor can I find any variation of that name listed at Companies House ever having registered offices at the Aldershot address quoted on the alleged contract.
There is a company called HML PM Ltd that was previously called HML Andertons Ltd and Andertons Ltd before that that deals with property management. They have never had their registered address in Aldershot, and nobody with a name that might end in Patel has ever been a director, Company Secretary, or someone with significant interest in the company.
A reasonable person would assume that a reputable company would know the requirements of the Companies Act and ensure any contract signed in their name would comply with Said Act.

D_P_Dance

I'd remove all of this which is nothing to do with the SRA's remit, 

I disagree, i do not think that CM understands the role of the SRA.  The solicitor is an officer of the court and is required to ensure that their client's claim is lawful.  

To that end I would include that part of the narrative which relates to the claimant and/or the solicitor.   

Coupon-mad

i do not think that CM understands the role of the SRA.

But I do.

Having read the StaRs, the issues that the SRA will look at are not issues that a solicitor can simply blame on their client.  You can't list issues with evidence in a case, like landowner contracts, and take that to the SRA.  To do so would detract from the real complaint, the one the SRA are actively investigating, about the template WS written by freelance writers paid by Gladstones and almost certainly not by the 'signatory'.

D_P_Dance

  You can't list issues with evidence in a case, like landowner contracts, and take that to the SRA. 

Of course yo can.  You can do what you like.   What the recipient does is not your concern. 

nosferatu1001

Its your concern if you like taking effective action...

D_P_Dance

Effective action is a subjective term.  .  I can assure you that, when I take  embark on a course of  action, it is nearly always effective.  I have the time. the inclination, the wherewithall. and the ability to ensure that it is so.  

Some years ago the DVLA tried to overcharge  me by £14.  It took me nine months to get a refund, by which time they must have spent £££s trying to avoid paying it.  

iWindmill

Hi guys, since I received the claimant's WST very late (about a month after the court date but this has been postponed due to COVID) via the court. My question is, am I able to bring additional paperwork containing all of Jack Chapman's facsimile signature to court and show the judge? or do I need to write another WST and provide the documents as exhibit?
Thanks all

nosferatu1001

Yes, but you of course do it properly - you file and serve a supplementary witness statement. Meanin gyou send to the claimant and to the court. 

iWindmill

Should I highlight all the issues with the claimant's statement or leave them out and challenge them in court?
As far as I'm aware I only need to mention SRA and facsimile signature in my supplementary statement.

KeithP

Did you not receive a Notice saying that everything you intend to rely on must be filed and served beforehand?