Family had enough, time to fight!

Cactus44

The person who name on this that I redacted no longer even works for the managing agent and as your said this was issued in 2016 so who knows if its even current. Theres no signature from PCM just the managing agent, and no contract from the Landlord either. The employee who provided me with this from the managing agent is also the one who refused to cancel the PCN saying they have no power to, which begs the question who does? His words it will be down the the developer??? Hmmm don't think so since they have no idea that this contract even exist.

Thanks fruity will check out the link and add this to my defence

Umkomaas

A bit of light reading for you.

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

NeilCr

That looks like x property managing agent giving an instruction on behalf of y estate management company to the PPC

Cactus44 does the y in y estate management company sound like the name of your estate?

Personally, I'd say either x or y could cancel tickets but I am not a solicitor. Certainly if I was a director of the y ManCo I'd take the view that the PPC was working for me and I could cancel a ticket!

ETA

Thinking on this a bit. We have a gardener who has worked for us for a number of years. We have a lot of gardens, plants and trees here!

Our MA has an agreement with him to do x, y and z but he does have quite a bit of freedom as to when he does it, etc. Within reason (not just chop down that tree ) I could instruct him to do something - indeed, he sometimes asks us directors. Our MA could only tell him to do anything we told her that we wanted doing. She couldn't instruct him off her own bat

I wonder if the same is true here. The MA could only stop a ticket with the agreement of the ManCo.

Coupon-mad

Lastly I've still got the whole section of the abuse of process in my defence which I'll be sending off tomorrow, reading through it I see why it's an important part of the defence but not sure how to scale it down what section should I keep and remove so that I can exhibit it later?

Just summarise the 3 elements of law/case law (i.e. the POFA, the CRA, and the Beavis case) that make adding £60 unrecoverable, and remove the detail, dates of hearings, Judges' names and quotes, if you like.

Just remember to have all the wording as a Supplementary WS later, with the case/statute law pages appended then, to show what this is about.

NeilCr

Cactus44 wrote: »

The person who name on this that I redacted no longer even works for the managing agent and as your said this was issued in 2016 so who knows if its even current. Theres no signature from PCM just the managing agent, and no contract from the Landlord either. The employee who provided me with this from the managing agent is also the one who refused to cancel the PCN saying they have no power to, which begs the question who does? His words it will be down the the developer??? Hmmm don't think so since they have no idea that this contract even exist.

Thanks fruity will check out the link and add this to my defence

The fact that the person who signed the contract no longer works there is irrelevant.

I "think" that this is an instruction from the MA acting on behalf of the freeholder. I missed in my earlier response your reference to the developer who, from what you say, is the freeholder. You mention that the developer doesn't know anything about this. That's the first time, I think this has come up. How do you know? Have you been in touch with the developer?

Coupon-mad

We have seen a case where a MA put a PPC in to infest a site without telling the Developer, and the Developer was annoyed when they found out and kicked the PPC out. It was a year or more ago but I recall it can happen.

NeilCr

Coupon-mad wrote: »

We have seen a case where a MA put a PPC in to infest a site without telling the Developer, and the Developer was annoyed when they found out and kicked the PPC out. It was a year or more ago but I recall it can happen.

For sure it happens. I'd never say it doesn't

But, my sense is that the norm is for the MA to instruct on behalf of the developer/freeholder/ManCo with their knowledge. What I suspect may happen (and I wonder about it in this case which is why I asked Cactus44 for more info) is that a developer (in particular) might not be much bothered about the day to day running and just tells the MA "to get on with it". And they do - and then the surprises come - as in your example

What I think is unlikely is that the MA can contract directly with the PPC. But I am not sure!

It's one of the things I'd like to discuss with our MA - as mentioned elsewhere

;):p

Cactus44

removed

Le_Kirk

and there for is a not a valid contract

Should be: -

and therefore is a not a valid contract

Cactus44

Good spot thank you Le-Kirk