POPLA refused my appeal - should I write back?

nuremburger06

I've prepared the below crib sheet to take with me to the hearing. Should I respond their supplementary WS (copying in the Court) with the contract not being valid stuff or just raise it at the hearing? Also not sure exactly what I need to take to court. At the moment I am thinking of taking the crib sheet and the bundle I sent to the court and claimant via email when the hearing was confirmed. This included my defence, WS and photographs of the signage.

Crib sheet:

The signage was unclear and offered no contract or parking licence of value.

Exhibit IA2 IA3 IA4. 

Defendant WS paras 16 19.

Claimant has added £60 that breaches the Consumer Rights Act 15.

Consumer Rights Act 15 sch 2 'terms that may be unfair'.

Defendant WS para 22. 

Defendant supp WS paras 1 2 3 16 17.

Claimant has added £60 that breaches the 

Protection of Freedoms Act 12.

Protection of Freedoms Act 2012, sch 4 ss4(5)(6) 

Defendant supp WS para 15.

Claimant has added £60 that breaches established case law.

Decision in Parking Eye Ltd v Beavis [2015] UKSC 67. 

Case number F2QZ4W28 (Vehicle Control Services Ltd v Davies) on 4 September 2019 before District Judge Jones-Evans.

Defendant supp WS paras 16 17.

The Claimant has no authority on the land as the alleged contract between the Claimant and EMCOR Group fails the requirements of the Companies Act 2006 and therefore is not a valid contract.

Companies Act 2006 s44.

Although the contract signatory has been redacted, ‘A Petit’ appears to have signed the contract on behalf of the Claimant. Companies House records indicate he has never been a director, nor company secretary, nor someone with significant interest in the company. Consequently, he was never in a position to sign a contract on behalf of the Claimant in accordance with the Companies Act 2006.

Claimant’s parking services agreement.

Case number F1DP92KF on 3 July 2010 before District Judge Simon Middleton at the Truro County Court on 3 July 2010, the judge stated that, "Claire Williams could not have signed the contract on behalf of the owner because she is not a director of the owner". This case is no different. A Pettit could not have signed the contract on behalf of the company because he was not a director or secretary of that company.

Fruitcake

Put everything in your WS if you haven't already sent it, or put it in a supplementary WS and send it off asap. You can challenge things on the day but putting everything in writing beforehand gives you a better chance of winning. You can then refer to everything you have written. You can't ambush the court or claimant by introducing new evidence on the day.

If you are asked about A Pettit or his/her signature, say you have seen an example of it on this forum, and comparing the redacted and unredacted versions you believe on the balance of probabilities that it is his/her name and signature on the contract in question. 

I'll try to find the unredacted example to make this statement true. You can then include it in your WS/SWS.

Don't forget to include the redactions in disclosure case. 
You will need to add this to your paragraph about Claire Williams, case number F1DP92KF. Something like, even if this contract was not signed by A Pettit,  not knowing the names of the signatories concerned means there is no proof either person was authorised to sign on behalf of the landowner.

Fruitcake

Yer Tiz.

nuremburger06

Cheers. I’ll work on a supplementary WS later tonight and email it. Can I include an amended schedule of costs to take into account the extra time I have now spent?

Would also appreciate it someone could tell me what to take to the court. 

Le_Kirk

If it is a physical hearing and assuming that the judge and the claimant will already have your defence, witness statement (with evidence), supplementary witness statement and summary costs assessment, you only need your copy of all of the foregoing.  BUT we have heard tales from hearings that occasionally the judge and/or claimant does not have the defendant's witness statement, so perhaps a spare copy?

nuremburger06

Just out of court. Absolutely gutted. Been ordered to pay £210.90 (inc £100 court fees).

Judge didn’t accept the signs were sufficiently unclear. 

Didn’t allow the extra £60 but did not accept that it was abuse of process. 

Re the contract, she had to adjourn for 15 mins to read up on contract law and provide the rep an opportunity to consider my supplementary WS which he did not have (even though I copied in BWL). She said s44 (CA 2006) did not apply and s43 allowed anyone from the company to sign the contract, therefore they had authority to operate. 

nuremburger06

Judge also said the claimant did not give 7 day’s notification of non-attendance but used her discretion to allow it as the case needs to heard. 

Le_Kirk

Once again claimants (who do this for a living - I hesitated to use the word "professional") - being given more leeway than defendants.

nosferatu1001

As above
Theres no way the claimant should have prevailed. They could not give any evidence, as there was noone there to do so, so they could not prove their claim. 

DoaM

Is the judge right regarding s43 of the CA 2006? A brief review suggests they may be:

https://www.legislation.gov.uk/ukpga/2006/46/section/43

43 Company contracts

(1) Under the law of England and Wales or Northern Ireland a contract may be made—

(a) by a company, by writing under its common seal, or

(b) on behalf of a company, by a person acting under its authority, express or implied.

(2) Any formalities required by law in the case of a contract made by an individual also apply, unless a contrary intention appears, to a contract made by or on behalf of a company.