One Parking Solution - Visitors Space PCN

Fruitcake

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.

If there was no company secretary then according to the Companies Act, the only other persons who are authorised to sign are directors, and the signature must be witnessed at the time by another person. There is no statement anywhere that the ManCo signatory was a director at the time, and no witness, so you aver the contract was not executed in accordance with the Act (Law) as no proof to the contrary has been provided.

The first initial of the Sullivan person's signature looks completely different to the top of the first initial of the redacted "name" although the rest of the name does look like it would be Sullivan.
You aver that on the balance of probabilities, the Sullivan person who signed and the person named underneath have different initials and are therefore different people.

NeilCr

Fruitcake said:

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.

If there was no company secretary then according to the Companies Act, the only other persons who are authorised to sign are directors, and the signature must be witnessed at the time by another person. There is no statement anywhere that the ManCo signatory was a director at the time, and no witness, so you aver the contract was not executed in accordance with the Act (Law) as no proof to the contrary has been provided.

Think I'd be inclined to ask the MA who signed the contract and under what authority

If it's the person they are talking to then how come they were signing a contract in 2018 when (it would appear anyway) that they weren't appointed to 2020. 

Something not adding up here.

AOneVS

My computer has failed me today. Working from home, all my parking docs are on a network share. I've been trying to copy them locally all day, without success. I'm going to give myself some breathing space and hand deliver the bundle to the court on Monday and email GS.

Fruitcake

AOneVS said:

My computer has failed me today. Working from home, all my parking docs are on a network share. I've been trying to copy them locally all day, without success. I'm going to give myself some breathing space and hand deliver the bundle to the court on Monday and email GS.

Double check that that is the correct procedure before doing so.

Coupon-mad

Did you now include the stuff from the template defence thread, to replace the much older wording you had?

Secondly, surely the photos only cover a few minutes (as per usual with OPS), so where is the evidence that a reasonable grace period was allowed for the visitor to fetch the permit from the flat, upstairs/in the dark?

It is reasonable to deduce that the landowner requires 15 minutes to be allowed as the period of grace before cars are ticketed, since the contract includes an exemption about cars with drivers in and the engine running (bad for the environment!) being exempt, why would someone visiting and going to get a permit from the leaseholder/tenant, not be exempt.

Also who is the Sullivan person who signed for OPS?  Never heard of them.

AOneVS

I'll work on the WS today, using your template. Can I just ask, the template is written as a defence, how should it be used in a WS? 

AOneVS

Fruitcake said:

AOneVS said:

My computer has failed me today. Working from home, all my parking docs are on a network share. I've been trying to copy them locally all day, without success. I'm going to give myself some breathing space and hand deliver the bundle to the court on Monday and email GS.

Double check that that is the correct procedure before doing so.

Gladstones emailed the OPS witness statement. 

Le_Kirk

You cannot use a defence template as a witness statement.  A WS is "in support of my defence as already filed" and should back up and provide evidence that you referred to in your defence.  It is a narrative (a story) written in your own words and in the First Person about what happened on the day and subsequently.  Plenty of WS examples in the NEWBIE sticky and by searching the forum using OPS witness statement or similar phrases.

AOneVS

Le_Kirk said:

You cannot use a defence template as a witness statement.  A WS is "in support of my defence as already filed" and should back up and provide evidence that you referred to in your defence.  It is a narrative (a story) written in your own words and in the First Person about what happened on the day and subsequently.  Plenty of WS examples in the NEWBIE sticky and by searching the forum using OPS witness statement or similar phrases.

I understand that, hence my question. CM has advised that I use some of the wording from that, rather than the abuse of process wording I used. I just need some clarification.

AOneVS

NeilCr said:

Fruitcake said:

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.

If there was no company secretary then according to the Companies Act, the only other persons who are authorised to sign are directors, and the signature must be witnessed at the time by another person. There is no statement anywhere that the ManCo signatory was a director at the time, and no witness, so you aver the contract was not executed in accordance with the Act (Law) as no proof to the contrary has been provided.

Think I'd be inclined to ask the MA who signed the contract and under what authority

If it's the person they are talking to then how come they were signing a contract in 2018 when (it would appear anyway) that they weren't appointed to 2020. 

Something not adding up here.

I was just looking again through the Claimants WS and noticed the contract was not redacted (the one I linked was from their POPLA submission). It does have the signatures and names of both parties. The OPS signatory is Fiona Sullivan and The Grange signatory is Trudie Hudson.