DCBLegal/CCPC County Court

Coupon-mad

Doesn't the LBC talk about the Ltd company being the client, not Terry Szmidt?  If so then that's why you owe nothing to the Ltd company.

Which name appears where and what company name (exactly, verbatim) was in the signs - sorry this is probably covered earlier in the thread but please clarify?

FineFighter

Hi CM,
Thanks for replying. 
The LBA said Terry Szmidt T/A Capital Car Park control. 
(All the signs said capital car park control, no mention of Mr Szmidt) so I was going to use this as an argument in court, but wasn't sure whether to mention in this counterclaim letter?
Sorry, I'm sure it's obvious and I should do, but I thought it wasn't as strong a point as the fact that the compliance of the signs had already been tested at POPLA and he had lost.... 

Sorry, I promise I'm not as thick as these posts probably make me seem! 

Coupon-mad

Ah OK, so the names appear to match, so you are not being thick, you are right.

FineFighter

There was some suggestion from other regulars that one cannot form a contract with an entity that doesn't exist, since Terry Szmidt is a sole trader and the signs make no mention of him, I wasn't sure how solid ground that was for the counterclaim threat though. 

Is the rest of the letter OK otherwise? 

Coupon-mad

I don't think that has legs because a person is allowed to operate under a 'trading as' name, so I think your letter is fine.

FineFighter

Thank you for your feedback, will get that letter sent to them first thing tomorrow and will update the thread with what happens next. 
Thanks so much for your guidance 

nosferatu1001

Coupon-mad said:

I don't think that has legs because a person is allowed to operate under a 'trading as' name, so I think your letter is fine.

I disagree; a contract must bewith a known, legal entity
A sole trader has no legal entity other than their own name
"CCPC" cannot contract with anyone to do anything at all; only TS can do so. 
As such, if his name is not on the contractual signs, there is no contract, ever. 

You can certainly advertise using a Trading name, howevr anny contractual documents must disclose, as ever, the real entity. You cannot sue CCPC, CCPC does not exist

D_P_Dance

I disagree; a contract must bewith a known, legal entity

Are you saying that a private landlord cannot contract with a tenant? 

nosferatu1001

No, of course not. But the private landlord has a legal entity; the actual person of the landlord. 
Jim Jones can contract with a tenant just fine
A trading style cannot. 

D_P_Dance

Thanks nos, I had no idea I was a "legal entity" ,  I shall celebrate with a glass of Blue Nun.