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HX / Gladstones Hearing today!

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Comments

  • abz1000
    abz1000 Posts: 95 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    14. However, there is no such legitimate interest where the lack of signage, lighting, unmarked bays and weather conditions could mislead someone to drop off or pick up a passenger by the train station. As such, I take the point that the parking charge in my case is a penalty, and unenforceable. This is just the sort of 'concealed pitfall or trap' and unsupported penalty that the Supreme Court had in mind when deciding what constitutes a (rare and unique case) 'justified' parking charge as opposed to an unconscionable one.
  • abz1000
    abz1000 Posts: 95 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Here is the final draft. Please take a look and let me know what you think. I will be back home around 5pm to see your thoughts and opinions. Any changes please let me know. Will be submitting 6pm.
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
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    The contract has not been executed in accordance with the requirements of Section 44 of the Companies Act 2006.
    This requires two signatures from authorised signatories (director or company secretary) or a director and witness, from each party. 
    The contract here only has one signature from each party, and their position within each company has been redacted, so there is no proof that either signatory has the authority to sign on behalf of the landowner.
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  • abz1000
    abz1000 Posts: 95 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Fruitcake said:
    The contract has not been executed in accordance with the requirements of Section 44 of the Companies Act 2006.
    This requires two signatures from authorised signatories (director or company secretary) or a director and witness, from each party. 
    The contract here only has one signature from each party, and their position within each company has been redacted, so there is no proof that either signatory has the authority to sign on behalf of the landowner.
    Thanks @Fruitcake will add that as another point into the redacted landowner contract section. 
  • abz1000
    abz1000 Posts: 95 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    All submitted! Thank you guys for helping me with that WS under short notice. I really appreciate that.
  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
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    abz1000 said:
    14. However, there is no such legitimate interest where the lack of signage, lighting, unmarked bays and weather conditions could mislead someone to drop off or pick up a passenger by the train station. As such, I take the point that the parking charge in my case is a penalty, and unenforceable. This is just the sort of 'concealed pitfall or trap' and unsupported penalty that the Supreme Court had in mind when deciding what constitutes a (rare and unique case) 'justified' parking charge as opposed to an unconscionable one.
    Looks much better.
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  • Le_Kirk
    Le_Kirk Posts: 26,240 Forumite
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    abz1000 said:
    Which should I do? the deadline is today [28/10/20] and this is all so stressful already. 
    I hope you managed to submit it on time and good luck with the hearing when it happens.
  • abz1000
    abz1000 Posts: 95 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Le_Kirk said:
    abz1000 said:
    Which should I do? the deadline is today [28/10/20] and this is all so stressful already. 
    I hope you managed to submit it on time and good luck with the hearing when it happens.
    Thanks, is there any way I can see if it was received?
  • Le_Kirk
    Le_Kirk Posts: 26,240 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Sometimes you get an auto receipt from the court but you will of course have your e-mail in the sent folder.
  • Hi all! 
    The big day is tomorrow. I have my hearing, is there any tips besides the ones provided in the telephone hearings thread and creating a crib sheet?
    Very nervous hopefully all goes well.
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