I WON!!!!!!!!!!!!!!!!!

Snakes_Belly

The date of the contract was the 5th October 2015. It was a fixed contract for 36 months so it would have ended on 4th October 2018. 

The PCN was issued in 2016 but court action does not appear to have been started until after the landowner contract ended. Am I right in thinking that they had no authority at that stage to take court action as the contract with the landowner had expired? 

It appears to be a fixed contract and I cannot see a mention of a rolling contract. 


 

Coupon-mad

No, they can sue over old events even if they are no longer on site.

Snakes_Belly

Coupon-mad said:

No, they can sue over old events even if they are no longer on site.

Does that have to be written into landowner contract?  I think that I have seen a landowner contract where this was written in.  

Fruitcake

Grimghast said:

Snakes_Belly said:

"I don't have a copy of the defendants WS to which he is refering."

How many times is this happening where Excel/VCS mess up with the paperwork and blame everyone else?

It's a pity that the judge did not strike the case out as in Troubled42's recent case.

These ajourned cases mean that Excel/VCS have to pay for representation each time.

JB should adopt the mantra that was used in an organisation that I worked for, "Get it right first time".  Perhaps we should just be glad that they are so shoddy with their admin     

Good at this rate it will have cost them more to win the case than the claim is worth if they do win which is looking highly unlikey!
Looking forward to recieving my cheque from them 
Think ill get it framed 

Make sure it arrives, and take action if it doesn't. It wouldn't be the first time a PPC has defaulted on payment.

As for framing it, personally I would take a photocopy and cash the original. After all that effort I would want to extract every penny I could from them.

Redx

Use a phone banking app to deposit the cheque , easy , quick , and then you can frame it too 👍👍😁😁

Fruitcake

Redx said:

Use a phone banking app to deposit the cheque , easy , quick , and then you can frame it too 👍👍😁😁

That's an even better idea.

Coupon-mad

Snakes_Belly said:

Coupon-mad said:

No, they can sue over old events even if they are no longer on site.

Does that have to be written into landowner contract?  I think that I have seen a landowner contract where this was written in.  

No because the PPC position is the contract is between them and the driver.  They only need landowner authority at the time of parking event.

Fruitcake

I would still argue that although the PPC had alleged landowner authority to issue a court claim at the time, they no longer have that authority now, and let a judge decide.

Snakes_Belly

"I would still argue that although the PPC had alleged landowner authority to issue a court claim at the time, they no longer have that authority now, and let a judge decide."

The contract with the landowner was in place at the time of the PCN but had expired at the time the court claim was issued.

I have seen in some landowner contracts that there is specific mention of being able to pursue outstanding PCN's after the landowner contract has expired. I did not see that clause in this contract.

They have had the opportunity to issue court proceedings while the landowner contract was in force but chose to leave it and issue a claim four years after the event. They are a litigious company who if they thought there was any merit in this claim would have been after the defendant like a rat up a drainpipe rather than wait four years.  
  

Snakes_Belly

Fruitcake said:

Phew! James Charlton signed the contract on the 6th of October 2015 whilst he was a Property Manager. He was appointed as a company director seventeen days later. The important thing is that he was not the owner, a director, or a company secretary at the time the contract was signed.
Therefore all comments about contract signature failures as defined by S43 and S44 of the Companies Act 2006 apply, but you will need to include this excerpt from Companies House records to prove this.

BISICHI (PROPERTIES) LTD - Officers (free information from Companies House) (company-information.service.gov.uk)

This looks very much like Ultra Vires (acting outside of their powers) because the director had not been appointed at the time of the signing of the contract. This would have made the contract invalid and void. He would not have been able to enter into any finance agreement on behalf of the company until appointed as a director.