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VCS Claim for old parking charge (after winning in Court)
Comments
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"Does this mean that anyone who has a Court hearing for a ticket issued at the same car park could use a similar defence? Or will VCS just be more prepared now and provide evidence that they can act of behalf of Excel?"
I would have thought that the defence could have been used in similar circumstances.
The Salomon vs Salomon covers lending to limited companies as the directors cannot be held liable for the company debts as the company is a separate entity as determined in the Salomon case. The way that banks get around that is to obtain a personal guarantee from the directors supported by security.
If VCS went into liquidation then my understanding is that the unsecured creditors could not go to Excel as a separate entity for payment or to SRS as an individual unless he has given a personal guarantee.
Nolite te bast--des carborundorum.3 -
That is correct but ..... directors can still be prosecuted if it was discovered that they mis-handled the finances of the company and even false tax claims.Snakes_Belly said:
If VCS went into liquidation then my understanding is that the unsecured creditors could not go to Excel as a separate entity for payment or to SRS as an individual unless he has given a personal guarantee.
Maybe shortly a can of worms will come to light3
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