Excel parking charge notice

dufflers

do the signatures need to be actual signatures?

Coupon-mad

dufflers wrote: »

do the signatures need to be actual signatures?

Not sure but it strikes me it may be OK for a contract.

What is more concerning is you are saying that the leaseholder is DT Civils Ltd, yet Land Registry shows no leasehold title...! Not a leaseholder then.

Surely DT Civils Ltd are just a non-title holding agent or something? Remind me what sort of site this is - residential? Retail? Centre of town Pay & display?

dufflers

It's a pay and display plot near my workplace, not attached to any shopping centre or anything, just like a plot of spare land by SA1 in swansea

the register is difficult to follow, but theres a description
"The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being plot A14B SA1 Swansea Waterfront, Swansea"

I can post a copy of it when I get home from work later (7:30 ish)

Coupon-mad

The Leasehold land

So it is stated to be leasehold land, but the leaseholder is in fact CODA SA1 LLP...

dufflers

Is this a car park killer?

dufflers

Short Particulars of the lease(s) (or under-lease(s)) under which the land is held:
date: 31 jan 2007
term: 999 years from 26 feb 2003
parties: National assembly for wales
coda sa1 llp

but it does say that coda sa1 llp are the proprietor, so could they not be sub leasing the land to dt civils?
I really dont know how it works sorry

Coupon-mad

parties: National assembly for wales
coda sa1 llp

So, those are the ONLY parties with title in the land.

Nothing kills the case unless the Judge agrees, and it's all about his/her opinion and decision at the hearing.

But you need to evidence that DT Civils Ltd who have provided a facsimile signature on two pages, are strangers to the title of the land and the LR records prove this, and so there is no evidence of landowner authority, which cannot be assumed flows from a party with title just because parking firm has put some cardboard signs up.

dufflers

yes definitely only those 2,

I will take what you've given me and make as comprehensive an argument to add to my WS and hope the judge sees it the same way then
thanks CM

dufflers

Ok so added to my WS

10. In my Legal Defence point X., I put the Claimant to strict proof that it has a contract from the Landowner to pursue charges and take enforcement action in court for parking charges. The claimant has not been able to provide this. They have merely produced a facsimile signature on two pages stating that they have this right as the leaseholder. There is therefore no evidence that they have this legal right. The fact that it has not produced this evidence that would significantly help its case suggests, on the balance of probabilities, that this contract does not exist.

11. Included as Exhibit K is a copy of the Land Registry dated 23/08/2019 which clearly shows that the only parties with title in the land are the National Assembly for Wales and CODA SA1 LLP. There is no evidence of DT Civils Ltd having any landowner authority. It cannot be assumed that the authority flows from the title holder(s) to DT Civils Ltd and hence the Claimant.

Coupon-mad

Yes that's good.