Landowner contract

Ceer1989

Thank you, I will try to submit a supplementary ws asap. My court date is on the 18th February. Do I have to send it to a claimant as well or just to court? 

Le_Kirk

Everything you send to the court (file) you must also send (serve) on the claimant.

KeithP

Ceer1989 said:

Thank you, I will try to submit a supplementary ws asap. My court date is on the 18th February. Do I have to send it to a claimant as well or just to court? 

Everything you send to the Court must be sent to the Claimant as well.

Ceer1989

Hi, one more question I got a claimant bundle from claimant on Friday and if someone could look at their landowner contract signed 08.04.2015. It says it will continue in force for fixed period of 6 months and at the of fixed period the agreement will renew for further 6 moths unless terminated by either party. If I understand it right is it 1 year contract ending 08.04.2016? I got a fine I November 2019. I'm attaching their landowner contract. Thank you.

Fruitcake

You need to attack the redactions (assuming they were added by the claimant and not by you).

Have a look at this thread by a solicitor where the judge in the Hancock vs Promontoria case stated that in most cases, redactions in disclosure (witness statement/exhibits stage) is unacceptable as it puts the opposing party at a disadvantage. Note that it was an appeal court case so is persuasive on the lower courts.

Redactions in Disclosure — MoneySavingExpert Forum

You should send a supplementary witness statement quoting the case immediately that there is no proof a valid contract ever existed between the claimant and landowner in accordance with Section 43 of the Companies Act 2006, nor that the document was ever validly executed in accordance with section S44 of the Companies Act 2006.

Even if it is not accepted, you will still be able to challenge it at the hearing.

If there was a contract or the document was validly executed, then there is no reason for the redactions, You should aver that there was no valid contract and the claimant is put to strict proof that the landowner actually signed the contract provided in their WS.

This is a post I knocked up for someone else in a similar situation. Adapt my words as necessary to include in your supplementary WS and to refute the claimant's WS at the hearing.

Companies Act 2006

 

Companies Act 2006 (legislation.gov.uk) Section 43

 

Companies Act 2006 (legislation.gov.uk) Section 44

 

For S43

 

43 Company contracts

(1) Under the law of England and Wales or Northern Ireland a contract may be made—

(a) by a company, by writing under its common seal, or

(b) on behalf of a company, by a person acting under its authority, express or implied.

(2) Any formalities required by law in the case of a contract made by an individual also apply, unless a contrary intention appears, to a contract made by or on behalf of a company.

 

1 (a) Rarely used

1 (b) Express authority means a statement from a person such as the owner, a company director or company secretary, or someone with significant interest in the company, who has the authority to form legally binding contracts with another party.

Implied authority would usually be found in the company’s Articles of Association or similar as held by Companies House stating that a person holding a specific title such as Regional Manager or Property Manager has authority, or a person specifically named by the owner, director, company secretary, or someone with significant interest in the company has authority.

 

For S44

 

44 Execution of documents

(1) Under the law of England and Wales or Northern Ireland a document is executed by a company—
(a) by the affixing of its common seal, or
(b) by signature in accordance with the following provisions.

(2) A document is validly executed by a company if it is signed on behalf of the company—
(a) by two authorised signatories, or
(b) by a director of the company in the presence of a witness who attests the signature.

(3) The following are “authorised signatories” for the purposes of subsection (2)—
(a) every director of the company, and
(b) in the case of a private company with a secretary or a public company, the secretary (or any joint secretary) of the company.

The alleged contract has not been executed in accordance with paragraph 1 because the neither party has affixed its common seal, it has not been signed by two people from each company nor by a director and witness of each company in accordance with the requirements of paragraph 2, and has not been signed by authorised signatories as defined in paragraph 3.

 

 

District Judge Simon Middleton said in his judgment of case number F1DP92KF heard at Truro County Court on the 3rd of July 2020 that, "Claire Williams could not have signed the contract on behalf of the owner because she is not a director of the owner."

Much of the contract you have posted is not readable. Doe sit specifically state anywhere that the company has the right to instigate court claims?

Ceer1989

I think it does say they have a right to instigate court claims. I will take a photo ot it. It is under 3.12

D_P_Dance

Indeed, I would ask that the contract is rejected by the judge and and if he/she does so, also for unreasonable behaviour costs,  claim against the PPC for a data breach as no contract.  Also complain to the DVLA< the ATA, Trading Standards, and your MP.

Ceer1989

Thanks for your help, I'm really appreciated. I will put in my supplementary witness statement what Fruitcake suggested plus shall I also put that their contract appears out of date? Please have a look at 2.2 in the picture. 

Fruitcake

Add a comment that the claimant has failed to include proof that the contract was extended after the initial renewal. You should aver that had the contract been renewed, it is reasonable to assume on the balance of probabilities that a copy of the renewal would have been included to the court and defendant. Since no such document has been provided, you aver that there was no contract in place at the time of the alleged event, and put the claimant to strict proof that the contrary is true.

D_P_Dance

If no contract exists, it cannot be breached.  If this is the case read this

https://en.wikipedia.org/wiki/Vexatious_litigation

and bring it robustly to the attention of the judge.