Private PCN - Excel Parking - WE WON!

Coupon-mad

Honestly those photos show that is a bay.  There is no question.

D_P_Dance

That sign is a dog's dinner, imo, four colours, several different fonts, various  sizes  of print etc., read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Were_Doomed

Ref the last picture ... make sure the text says and no "No Parking" sign. (Subtle but important difference to what you have - the way it is presently worded may lead the judge to say "But there is a parking sign; it's shown in your photo").

Fruitcake

Since you apparently redacted the contract yourself, please post it again, but unredacted this time. We don't ask you to do something just for fun. There are several very specific reasons for wanting to see the whole contract, especially where names and signatures are concerned.

daniel_uk

Here, captain fruitcake!

Were_Doomed

I fail to see how a Senior Client Engagement Admin would have sufficient authority to bind their company to a legal contract, especially as the contract is not witnessed by someone so-authorised by Excel.

Coupon-mad

There are no dates beside those signatures and Linked In suggests young Dan has left that job now (well done to him).

daniel_uk

Having no dates, does that make the contract invalid somehow?

Fruitcake

daniel_uk said:

Having no dates, does that make the contract invalid somehow?

That would be up to a judge to decide. However, you should aver that since the signatures were not dated, there is no proof that the document was signed before the contract allegedly came into force.

In addition, Dan is not a Director or Company Secretary which means Excel have failed to comply with the strict requirements of the Companies Act 2006, Section 44. This requires two authorised signatures from each party. Authorised signatories are defined by the above act as being directors or company secretaries. One director can sign, but it must be witnessed by another person who also signs.

In the recent persuasive Appeal Court 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".
You case is no different because Dan Clarke was never a director nor company secretary of Excel, nor even someone with significant interest in the company.

One other minor point: the address for Mellors and Kirk on the contract doesn't match that of the company's registered address according to Companies House.

Snakes_Belly

"One other minor point: the address for Mellors and Kirk on the contract doesn't match that of the company's registered address according to Companies House."

The address on the contract is the address of the business where the correspondence would be sent.