Fluttering parking ticket

Janetx

I am sorry noferatu1001.....this was sent along with their Witness statement as their signed authority to act.........I was just questioning if it was an actual contract..... and what points we could raise if any regarding as it was the only authority supplied in their bundle....... oh dear...........no I haven't seen actual contracts on this forum....  

Fruitcake

I think what nosferatu was referring to was that the document purporting to be a contract is in fact not so. A contract would need signatures from both parties. This has one signature from one party who is not even the landowner.
I could write something like that saying I am authorised to act for the landowner, but it would not be true. There is no proof because the landowner is neither named nor a signatory.
It wouldn't be a contract because it would only be a statement from one person.

In addition, that document does not mention anywhere authority to issue court claims.

Have a look at my post on the 27th of August at 11.23am from this thread concerning landowner authority and signature requirements for a contract to be executed (valid).

https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help/p5

Janetx

Thank you @Fruitcake for spelling it out I will definitely be raising the issues you have stated at the hearing.
I was a bit worried that it said in their statement of authority that the operator is authorised to pursue outstanding charges in accordance with the IPC.
The last hearing they failed to supply contact details and the hearing had to be adjourned at short notice. I do wonder whether the same will happen this time round.
I wondered if anyone could advise if I should say to the judge that they failed to follow the directions of the court for the last hearing?

Fruitcake

I saw you had written on the alleged contract a comment about no planning permission. Where signage is concerned, it needs advertising consent in accordance with the Town and Country Planning Act, not planning permission. Not having advertising consent for signs is a criminal offence, but only the council can pursue it. 

nosferatu1001

Yes, i wasnt critiscising you - more - you were asking if it looked like a contract. Well it isnt. Its not one. It tells you it is not a contract!
So you must ensure the court is fully aware of this fact. They have no proof they are authorised to offer contracts to park on that site, none. There is no excuse for why they have not supplied the actual contract - not one that doesnt make them look dodgy!

nosferatu1001

Also, this is a forum - if youre asking about contracts, havea  search for discussions on contracts - its an obvious research step.

Janetx

Thanks @nosferatu1001 the Claimant hasn't provided their contact details for the video hearing. I assume they are not going to turn up tomorrow now. Would the Judge award costs now for unreasonable behaviour? Or do you think the court will adjourn the hearing again?

nosferatu1001

- what did the court order state? Did the C need to arrange it? Or does the court? 
Before assuming, make sure you know who had to do what and when!
- Potentially. I would certainly say that failing to turn up to a hearing and not giving notice is unreasonable but a court may disagres
- objhect strongly if they do object - say its not fair that the hearing is adjourned, they are a professional firm and just didnt show up. Its unfair on you, who did turn up, that they should be given the benefit of the doubt and allowed another try. 

Janetx

I have checked the directions and it asked me to submit my contact details to the court by 13th July 2020 by 2pm. I assume this would have also been sent to Excel asking them to do the same thing @nosferatu1001

Janetx

I do hope you don't mind me asking but is this case still relevent and if so am I able to send it to the court before the hearing this morning at 11am 
IN THE SCUNTHORPE COUNTY COURT Before DISTRICT JUDGE MciLWAINE VEHICLE CONTROL SERVICES LIMITED (Claimant) For the Claimant: -VMR R IBBOTSON (Defendant) PROCEEDINGS APPEARANCES: MISS COATES For the Defendant: IN PERSON From the audio transcription of J.L. Harpham Limited Official Court Reporters and Tape Transcribers 55 Queen Street, Sheffield S 1 2DX Ref: 1 SE09849 The County Court Laneham Street Scunthorpe 16th M