Court Defence – Walton Wilkins T/A Premier Parking Logistics – DCBLegal - Milford Place Debt Claim

Johnersh

@Umkomaas I'd agree, save that on this occasion the contract refers to a client as a defined term which appears not to be named in the agreement at all. So its more uncertain.

Fruitcake

Neither the landowner nor the client have been identified on the contract. For the scammers to have authority to scam, they must have a contract worth or flowing from the landowner. (Other expressions are available).
In any case, such a contract cannot override a resident's existing rights to park and quiet enjoyment as defined in their lease or tenancy agreement. (delete as applicable)

Section 43 of the Companies Act 2006 states that express or implied authority is required for a Simple Contract to be formed.
Express authority would be a named person or an officer of the company, in this case the landowner or a director or company secretary.
Implied authority would be a named position such as Property Manager or Land Agent. The position would have to be specifically named by the landowner or an officer of the company, or included in company documentation such as its Articles of Association.

The unidentified client's signature is illegible, and their name and position within the company they are purported to represent has not been given. Therefor there is no proof that the person who signed on behalf of the unnamed client is an officer or agent of the landowner, and therefore has neither express or implied authority to sign a document and form a Simple Contract as defined by the above Act.

In addition, the document has not been signed by two authorised signatories as defined by Section 44 of the Companies Act 2006. It has therefore failed to be validly executed in accordance with the above Act.

craigbainton

I sent my updated Witness Statement (thanks again for all the wonderful input) and dcblegal responded to my email asking to call them to discuss the matter. Hoping this means i've rattled them? Don't worry i won't be calling them

Coupon-mad

In court, have in your notes to point out that there is no evidence of any windscreen PCNs in the documents, only a postal one which, bizarrely, WW followed up with a NTK a month later which is not a method by which the IPC CoP allowed parking firms to operate.  I seem the recall the CoP set out the 2 routes.

That NTK also misstates the legal position by pretending it's been issued in line with the POFA but it hasn't (because there is no 'postal PCN followed by postal NTK' route). 

craigbainton

Hi all an update, I just received a letter from dcblegal informing me that;
"Our client has instructed us to discontinue Court proceedings and close our file"
They have sent me an N279 Notice of Discontinuance.
So I guess this is over?!

THANK YOU everyone!

beamerguy

craigbainton said:

Hi all an update, I just received a letter from dcblegal informing me that;
"Our client has instructed us to discontinue Court proceedings and close our file"
They have sent me an N279 Notice of Discontinuance.
So I guess this is over?!

THANK YOU everyone!

Good news, should have been done ages ago.

DCBL do enjoy a war of wits don't they .... you won

What an incredible waste of time and money by DCBL and Walt

craigbainton

Indeed! Do you happen to know if there is any way to claim compensation for stress/waste-of-time/loss of earnings?

Le_Kirk

craigbainton said:

Indeed! Do you happen to know if there is any way to claim compensation for stress/waste-of-time/loss of earnings?

I am sure that one of the regulars @D_P_Dance will be along shortly to advise you how to do this.

Snakes_Belly

Well done . This is another company that takes it to the brink and then pulls. They did this with Worcestermum recently.

There are several other dodgy claims regarding machines that eat pound coins. Lets hope that they go the same way.

D_P_Dance

Stress is very difficult, you need letters from your GP. employer, psychiatrist,  etc., Harassment or data breach might fly, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/ ,