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Lost POPLA Appeal

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    In addition to the above advice I would say don't panic. It will be many months before anything happens. You will be bombarded with debt collectors letters first. They threaten all sorts but are actually powerless.

    If you have it in your head that this is going to court then threats of court shouldn't scare you.

    Don't rush either. Enjoy your Christmas.
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 December 2019 at 2:24PM
    If the driver was indeed on company business then it is the company that will receive court papers not an individual.
    This means the claimant decides where the case will be held if it does go to court.

    The company should tell the hospital they won't be providing a service any more due to the additional charges levied against the company when an engineer visits.

    Get pics of the site and signage asap in case they do try court. Keep that copy of the contract safe is it does not comply with the requirements of the Companies Act 2006.
    Get proof of landownership either from the landowner themselves or from the Land Registry. You also want proof that the signatory was an employee of the landowner and not of a land management company.

    Any contract must flow from the landowner.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I would also inform the hospital that a member of management will be required to attend and give evidence as to the validity of the contract in court.

    Sometimes the principal doesn't like the thought of having to appear and may tell CEL to cancel.
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 December 2019 at 4:36PM
    Good point. You should state you want the person who signed the contract to attend as a witness as per Part 33 of the Civil Court Procedure regarding Miscellaneous Rules About Evidence.
    If not, then their supervisor, the landowner, or a Director.

    You want to know why they think the contract is valid when they have failed to meet the criteria for it to apply contrary to the strict requirements of the CA 2006.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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