Civil Enforcement Ltd (CEL) – POPLA Appeal Advice

Han_Solo

KeithP said:

Your costs Schedule needs to be much more detailed. Just (apparently) plucking a figure of £399.00 out of the air isn't good enough. Some detail on how that is made up is needed. E.g. 4hrs writing a Defence @ £19/hr = £76. and Researching POFA 2hrs @ £19 =£38. etc etc.

As you are asking for unreasonable behaviour costs you are certain to be asked something like "please explain exactly how the Claimant has been unreasonable" to justify those costs. Be prepared to answer that question.

Thanks KeithP, I will flesh out the costs as suggested.
Regarding the unreasonable behaviour, my position is that I provided evidence of patronage at the first available opportunity, however the Claimant ignored this and made no attempt to negotiate (on the basis of a first offence, for example) or consider the specific circumstances (i.e. the fact that a simple mistake had occurred). Is that sufficient, or would a judge expect more?

Fruitcake

Han_Solo said:

The deadline for submitting my witness statement is Wednesday so I have attached a redacted version for comment.

A couple of points:

1. The redactions on the confirmation of authority are mine, I intend to submit without these. For information, the only signatory is a now ex-director of Fox Connaught Limited.

2. My intention is to maintain the redactions of the WhatsApp chat simply to respect my friend's privacy or do you think a judge would prefer to see an original copy?

Thanks

Please post an unredacted copy of the conformation of authority, unless you know how to check if the signatory is a director or company secretary according to Company House records, and is authorised to sign a contract in accordance with Section 44 of the Companies Act 2006.
This Act states that two authorised signatories from each party is required for a contract to be executed so conformation of authority fails as a validly executed contract as defined by said Act.

It's fine to redact your personal data and that of your friend on here, but if you are relying on evidence to support your case in front of a judge, they may want to see it unredacted.

Han_Solo

Thanks Fruitcake.
The signatory is Kerrie Evans, shown as ex-finance director on the Companies House website (company number 11276518) – unredacted copy attached.
Fair point about the redactions, that was my suspicion too.

Umkomaas

Han_Solo said:

Thanks Fruitcake
The signatory is Kerrie Evans, shown as ex-finance director on the Companies House website (company number 11276518) – unredacted copy attached.
Fair point about the redactions, that was my suspicion too.

There is no authority to pursue the parking charges through the courts either in their own right, or on behalf of the landowner.  Keep pressing on this point. 

The term 'Accredited Parking Association' did not exist in 2018. Then, and still is 'Accredited Trade Association'. 'APA' is a term for the future under the new national Code of Practice.  Is there something underhand going on?

KeithP

The signature on that Confirmation of Authority is dated 20 September 2018.

From Companies House, Kerrie Evans did not become a Director of Fox Connaught Ltd until 30th October 2018...

So, signed by someone who was not a Director.

Han_Solo

KeithP said:

The signature on that Confirmation of Authority is dated 20 September 2018.

From Companies House, Kerrie Evans did not become a Director of Fox Connaught Ltd until 30th October 2018...

So, signed by someone who was not a Director.

Well spotted, I had missed that detail! I will adjust my witness statement to highlight this.
Thanks!

KeithP

Include that page from Companies House in your evidence.

Fruitcake

KeithP said:

The signature on that Confirmation of Authority is dated 20 September 2018.

From Companies House, Kerrie Evans did not become a Director of Fox Connaught Ltd until 30th October 2018...

So, signed by someone who was not a Director.

This is why I have been telling posters for ages to post an unredacted scammer's WS and exhibits, especially the contract.

So, the Conformation of Authority fails to form a contract executed in accordance with Section 44 of the Companies Act which states that: -

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

44 Execution of documents

(1) Under the law of England and Wales or Northern Ireland a document is executed by a company—
(a) by the affixing of its common seal, or
(b) by signature in accordance with the following provisions.

(2) A document is validly executed by a company if it is signed on behalf of the company—
(a) by two authorised signatories, or
(b) by a director of the company in the presence of a witness who attests the signature.

(3) The following are “authorised signatories” for the purposes of subsection (2)—
(a) every director of the company, and
(b) in the case of a private company with a secretary or a public company, the secretary (or any joint secretary) of the company.

The alleged contract has not been executed in accordance with paragraph 1 because it has not been signed by two people from each company, nor by a director and witness of each company in accordance with the requirements of paragraph 2, and has not been signed by authorised signatories as defined in paragraph 3.

In case number F1DP92KF heard at Truro County Court on the 3rd of July 2020,  District Judge Simon Middleton said that, "Claire Williams could not have signed the contract on behalf of the owner because she is not a director of the owner."

Your case is no different. Kerrie Evans was not a director of the landowner at the time of the alleged event, therefore she could not have signed a Conformation of Authority contract because she was not a director, company secretary, or person with significant interest of the company or landowner at the time. 

In addition, CEL have not signed the Confirmation of Authority (contract) in any capacity so there is no proof they have a contract to scam. (Other words and phrases are available).

Castle

Fruitcake said:

In addition, CEL have not signed the Confirmation of Authority (contract) in any capacity so there is no proof they have a contract to scam. (Other words and phrases are available).

And it's not on company headed letter paper, there's no start date and Fox Connaught Ltd accounts shows no land/property in their name.

nosferatu1001

.... meaning they're probably not the landowner.