County Court Business Centre Claim Form via BW LEGAL

earth_moon626

@Coupon-mad Annoyingly I clear out my inbox every 3 years and delete pretty much everything. After this claim was originally stayed I didn't think I would need to refer to insurance docs later than 3 years ago.. A mistake I won't make again though! 

Fruitcake

Your witness statement counts as evidence. If you state that you have been with your partner since XXXX and she/he has been on your insurance or permitted to drive your vehicle since YYYY (covering the date of the alleged event) then you say so. A copy of your current insurance certificate with named drivers could be included to add veracity to your statement of fact.
If family or friends were/are permitted to drive the vehicle then you say so as well.

I wouldn't say specifically who has driven to the site on previous occasions, but that the car has been used by different people to visit the site. Despite the fact that a scamtendant was present at the time of the alleged event, they have failed to identify the driver. They cannot therefore prove on the balance of probabilities that it was you.

It is perfectly reasonable for you to have visited the site on foot, or as a passenger to inspect the site and gather your evidence after the date of the alleged event, which is why you have personal knowledge of the site and signage.

If you can, get pics of from a wider angle showing how the sign "hidden round the corner" cannot be seen on entry, with another view of the sign showing the position where the first picture was taken from, if that makes sense.

Comments on the contract in a moment. 

Fruitcake

You have redacted the name of the landowner/agent (the client) in the contract. This prevents the regulars from searching Companies House records for information about that company that may otherwise help you.
We know the address where this alleged event took place so redacting the name of this company is pointless.

earth_moon626

oops sorry @Fruitcake the name given that I redacted in red is WHITTON AND LAING 

Fruitcake

Have a look at this thread.

Redactions in Disclosure — MoneySavingExpert Forum

Quote the Hancock vs Promontoria case and the comments made by the judge about redactions. The name of the person who allegedly signed the contract on behalf of the landowner/agent/client has been redacted.
It could be argued that the other redactions are acceptable because they refer to payment amounts and therefore could be classed as commercially sensitive. However, redacting the name of someone who has allegedly formed a contract is unacceptable.
Highlight the fact that this was an Appeal Court judgment and is therefore persuasive on the lower courts.

Section 43 of the Companies Act is quite short and should be quoted in its entirety.

Companies Act 2006 (legislation.gov.uk)

In your case are paragraph 1 (b) applies since an individual is (allegedly) acting on behalf of the company (the client).
If in the alternative paragraph 2 applies, then formalities in law would still require the individual concerned to have the authority to do so.

Authority for an individual to act on behalf of a company would normally be expressly approved (named) in writing by a senior company member such as the owner, a director, or a company secretary, or included in the company's Articles of Association (implied authority) stating that employees working at a or above a certain level (for example a Senior Property Manager) have the authority to form a contract on behalf of their company.
No such proof of authority for the unnamed (redacted) individual to sign on behalf of the company has been provided.

Also mention section 44 of the Companies Act 2006.

Companies Act 2006 (legislation.gov.uk)

This states that for a document to be validly executed, it must be signed by two authorised signatories from each party (four signatories in total). Authorised signatories are defined as directors, company secretaries, or one director and a witness.

The alleged contract has only be signed by one person from each company, and has not been signed by an authorised signatory as defined by the above act, and therefore the document has has not been validly executed.

In case number F1DP92KF heard at Truro County Court on the 3rd of July 2020, District Judge Simon Middleton referred to a similar parking contract stating that, "Claire Williams could not have signed the contract on behalf of the owner because she is not a director of the owner". 
This (your) case is no different. The unnamed person could not have signed the contract on behalf of Whitton and Laing because they is not a director of the owner, and, Maria O'Brian could not have signed the contract on behalf of the claimant because they are not a director of the company. 
The claimant has failed to provide any proof that either contract signatory had the authority to form, sign, or agree a contract on behalf of their respective employees with another party, that complies with the strict requirements of either Sections 43 or 44 of the Companies Act 2006.

Whitton and Laing are not the landowner (you will need to double check this).
No contract with or flowing from the landowner has been produced. It is averred therefore that the claimant has no standing to issue parking charges or court claims. 

Fruitcake

Para 35 of the scammer's WS states they are seeking to recover monies pursuant to para 9(1) (f) of the PoFA 2012, but  this paragraph applies where an NTK has been provided in accordance with para 6 (1) (b).

Since a NTD was given, para 6 (2) of the PoFA applies and an NTK must be given in accordance with para 8, and the claimant must seek to recover monies pursuant to  para 8 (1) (f) of the PoFA 2012.

This error is repeated at para 37.

Methinks Ismail doth not understand the strict requirements of the PoFA 2012.
Perhaps he is using a template witness statement despite his comments signed under a statement of truth.

Fruitcake

The start date of the contract is "tbc". There is no indication from either party that the alleged contract ever commenced, or had commenced by the date of the alleged event.

I may have missed it, but I cannot see anywhere where the client is authorised to commence court proceedings.

Fruitcake

I have just noticed that there is a handwritten pp before the line containing Maria O'Brian's name and signature and the signature is not that of the aforementioned Maria O'Brian. 
The name of the person who actually signed the document has not been given.

It is averred therefore that even if Maria O'Brian had authority to sign the contract on behalf of the claimant, the person who actually signed the contract did not.

Since the signatory has not been named, there is not even any proof that they are/were an employee of the client.

earth_moon626

@Fruitcake .... eyes of a hawk!! That's brilliant! Thanks so much for looking into this so deeply. 
Well I have literally spent ALL day on this.. feeling quite confident now especially thanks to your input @Fruitcake. You really do just have to give it your full attention and then it's not scary anymore. Thanks everyone. 
Here is my updated and way more badass WS & Evidence for your review if you can, 
afew questions too.. am I able to use a stock image to show example signage placement or should I only use my own images? 
Also, should I include:

• the full schedule 4 of PoFA or can I assume they will know this? Just aware its another 12 pages to add to a long doc
• Henry Greenslades Popla report 2015 
• BPAs Code of Practice or is it just ok to have quoted this

Thanks! 

Umkomaas

am I able to use a stock image to show example signage placement or should I only use my own images? 

Ones that help you most, not them!

• the full schedule 4 of PoFA or can I assume they will know this? Just aware its another 12 pages to add to a long doc

Just the paragraphs to which you refer/quote.

• Henry Greenslades Popla report 2015 

Just the relevant bits - quoted by every man and his dog in POPLA/court cases over the past 3-4 years, it's no more than a couple of paras, if that.  

• BPAs Code of Practice or is it just ok to have quoted this

Definitely not the entire shooting match, just the paras to which you refer/pray in aid. Make sure you are copying/quoting from the Code of Practice in force at the time of your parking event.