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Defence to letter received from CCBC 09.03.20

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Comments

  • Sabs2020
    Sabs2020 Posts: 27 Forumite
    10 Posts Name Dropper
    they included the contract which is between my housing association and PCM that says that they authorise PCM to operate a parking enforcement service on this land. I do not have parking allocated to my flat. 
    I read through the WS on the thread and I thought it was really good and I was sure this person will win and was so surprised when he didn't. 
    Thanks All
    S
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Show us the contract!
    Do not redact it yourself. Any redactions they made, tell us. 

  • Sabs2020
    Sabs2020 Posts: 27 Forumite
    10 Posts Name Dropper
    not sure how much I can share but this is the contract 

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 February 2021 at 2:15PM
    notice it mentions being part of the BPA AOS scheme and CoP , yet the claimant is in the IPC AOS scheme and CoP !!!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Did you redact or did they?
    DO NOT redact stuff! 
    That is an appalling contract. It isnt even a contract, as only one party has possibly signed it. 
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Redx said:
    notice it mentions being part of the BPA AOS scheme and CoP , yet the claimant is in the IPC AOS scheme and CoP !!!
    It's from 2012 @Redx, when the IPC was just a twinkle in Little Willy's eye.

    The contract means nothing as it is shown, it neither shows the name of the contract principal, nor the name of their signatory. It could be doubtful that a 'Leasehold Property Manager' is of sufficient status to be signing such a contract. @Fruitcake has the background on signatory requirements. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,956 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas said:
    Redx said:
    notice it mentions being part of the BPA AOS scheme and CoP , yet the claimant is in the IPC AOS scheme and CoP !!!
    It's from 2012 @Redx, when the IPC was just a twinkle in Little Willy's eye.

    The contract means nothing as it is shown, it neither shows the name of the contract principal, nor the name of their signatory. It could be doubtful that a 'Leasehold Property Manager' is of sufficient status to be signing such a contract. @Fruitcake has the background on signatory requirements. 
    Especially as the other party is claiming to be the freeholder!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    They can be a Property Manager that deals with Leasehold properties - a freeholder parcelling up would like;y need such a person
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    So old contract , incorrect details , not been updated to reflect IPC status , possibly not even a legally binding contract due to all the issues above , including signatories , to me it's not worth the paper it is written on 😜
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    WE do need the OP to tell us if they redacted anything however
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