One Parking Solution - Visitors Space PCN

AOneVS

The link should now be visible to everybody.
Thank you.

NeilCr

Looks okay from a landowner authority point of view

Signed for and behalf of so (from having a peruse of the company information) that would be the company secretary - who would likely have authority to do so

Castle

NeilCr said:

Looks okay from a landowner authority point of view

Signed for and behalf of so (from having a peruse of the company information) that would be the company secretary - who would likely have authority to do so

Except there's no such company called "The Grange ( WestHampnett) Man Co Ltd" listed at Companies House.

Fruitcake

The OPS signatory's full name has been redacted.
There is nothing to say who that person is or who they work for - no proof they worked for OPS or were authorised to sign on behalf of the company on the date the contract was signed.
You aver the person who signed was not employed by OPS at the time and was not authorised to sign for OPS since there is no proof to the contrary.

Whilst the contract says it will roll over and continue on a month by month basis unless cancelled, but there is no proof that the contract is still in operation and has not been cancelled. 
You aver that it has been cancelled since there is no proof to the contrary.

Whilst it has been stated that the MC signatory is authorised to sign on behalf of the landowner, there is nothing from the landowner stating this. Anyone could say, I've got the authority to sign a contract on behalf of someone else, but there is no proof of this. 
The contract must be with the landowner or flow from the landowner via an agent. No such agreement has been produced. 
You aver that the landowner has not authorised the ManCo to employ parking scammers and has not authorised the scammers to operate on their land as there is no proof to the contrary.

Section 44 of the Companies Act 2006 requires two authorised signatories from both parties to sign or a director and witness from each party to sign in order that the contract can be lawfully executed. The Act defines the meaning of "authorised". This contract fails the requirements of the Act as the single signatory does not meet the legal definition of "authorised", (director or company secretary) and there is only one signatory from each party.

https://www.legislation.gov.uk/ukpga/2006/46/section/44

AOneVS

Thanks all for your time checking that. It is greatly appreciated.

In email communication between me and the MC the signature shows a number of companies associated with the MC. The only Grange Management I can see referenced is Grange Management (Southern) Limited. Registration Number 08351375.

Am I correct in thinking I have 4 avenues of attack:

1. Lease mentions no requirement for parking permit or any restrictions for visitors parking
2. Signage is woeful
3. Contract is woeful
4. Abuse of Process

It defies logic that they would continue to pursue this.

nosferatu1001

It doesn't defy logic. The majority of people roll over well before court, so their profit margin is huge. 

You point out the company listed on the contact does not exist. They can't possibly have authority. 

NeilCr

I found this when I was looking this morning

https://beta.companieshouse.gov.uk/company/06545683/officers

Not sure I'd want to rely on an extra co below a signature but you have other and better methods of defence. 

Castle

NeilCr said:

I found this

https://beta.companieshouse.gov.uk/company/06545683/officers

Yes I did as well; but, without a company registration number on the contract there's no evidence it's the same legal entity.

I did note there wasn't a Company Secretary in place between September 2017 and January 2020 for the above company.

NeilCr

Castle said:

NeilCr said:

I found this

https://beta.companieshouse.gov.uk/company/06545683/officers

Yes I did as well; but, without a company registration number on the contract there's no evidence it's the same legal entity.

I did note there wasn't a Company Secretary in place between September 2017 and January 2020 for the above company.

Yes. Good spot!

I was wondering if the signature was actually one of the directors. It's hard to decipher.

.OP. Is the redacted name for the ManCo signatory one of the people mentioned on the list of directors in my link?

AOneVS

The contract was redacted by OPS. I can see it is initialed by T H. This could be someone I was in email contact with at the MC. I cannot see them in the list of people on the Companies House link.