Period of validity

Missaver

D_P_Dance said:

They include a copy of alleged contract which is dated back in 2011.

Who were the other party to the contract, the landowner/headlease holder  or the MA?  If the MA are they still managing?  If not who is?  

The contract shown above says the Managing Agent MCS ?  That name does not appear on the apartment lease.  Sorry, how do I post a pdf on here?  I would like to post the rest of their WS (redacted) for comments please.

Missaver

So do I need to prepare a Supplementary Witness Statement now to file with Court to rebut what they are claiming?  And do I need to send to Gladstones as well? 

KeithP

Missaver said:

And do I need to send to Gladstones as well? 

Surely you know by now that everything you send to the Court must be copied to the Claimant - and vice versa?

Missaver

nosferatu1001 said:

Did the IPC exist in 2011?!
Is that the MA that manages the site? 
Its not a valid contract. Only signed by one party. 

Companies House information for PCM shows it was Incorporated on 15 March 2002.
No, I don't know who MCS are.

FrankCannon

Click the circled button to attach a file.

Missaver

FrankCannon said:

Click the circled button to attach a file.

Yes, I had done that to upload the JPEG above, will try again for a PDF, thnx

Le_Kirk

That is a weird contract that starts off "I would be pleased.........."  That sounds to me like some sort of condition is attached, for example. "I would be pleased to if you paid £MONEY" or "I would be pleased to if some other condition".  The sentence they have used is not good English, being the future conditional and confuses the issue and therefore the contract. Doubt the judge will see it that way but use it any way you like, especially that it hasn't been signed by two officers of the company or a director with a witness.

According to Section 44 of The Companies Act 2006, a contract is only executed (valid) if it is signed by two authorised persons, or a director and a witness, from each party. 

There is only a signature on behalf of the landowner, and they are not an authorised signatory nor a director, being an agent.

D_P_Dance

FWIIW I can find no mention of this company with Companies House. I am pretty sure that the IPC was not in existence in 2011. If that is the case then the documented they have submitted is surely a fake.

nosferatu1001

Missaver said:

nosferatu1001 said:

Did the IPC exist in 2011?!
Is that the MA that manages the site? 
Its not a valid contract. Only signed by one party. 

Companies House information for PCM shows it was Incorporated on 15 March 2002.
No, I don't know who MCS are.

No
I meant THE IPC, as in the ATA they claim they will follow
They did not exist in 2011. https://www.google.com/search?q=when+was+the+international+parking+community+formed&rlz=1C1GCEA_enDE802DE802&oq=when+was+the+international+parking+community+formed&aqs=chrome..69i57.7516j0j7&sourceid=chrome&ie=UTF-8
They came about in 2013
The document is a complete fake. It CANNOT have been signed in 2011, because the organisation they calim to follow DID. NOT. EXIST. THe *PPC* existed, sure. But they state, in their terms, that they must follow the IPC CoP...yet they didnt exist.
You *must* address this to the court, as a supplementary WS presuming you have already filed yours now.
You MUST do this
You MUST state to the court that this document is not only NOT a valid contract, as per the details above, but
- the company they claim signed it as MA is unknown
- the IPC did not exist until 2013
- as such the contract cannot date from 2011. This document is, by definition, a false instrument. You ask that the court Orders the Claimants Witness to explain this. 

Missaver

KeithP said:

Missaver said:

And do I need to send to Gladstones as well? 

Surely you know by now that everything you send to the Court must be copied to the Claimant - and vice versa?

Yes, noted, I will make sure to cc the Solicitors as well when I email to Court.