Question about contract between PPC and landowner.

Snakes_Belly

I thought that a contract between the PPC and the landowner needed a special clause if the PPC was to continue pursuing claims if the contract ceased.  I have seen that clause in some contracts. 

If the clause is not present can the PPC

1. Pursue all outstanding PCN's and claims even though they no longer have landowner authority.
   
2. Pursue the claims that were in progress before the contract ceased. 
3. Not able to pursue any as there is no clause in the contract.

As a matter of interest on a recent post Elms said that there was no clause in the contract with Excel for the management company to cancel a PCN. There is in this contract and I have previously seen others.

Thanks

Snakes   

 

 

Coupon-mad

Yes
Yes
No.

The point is simply that the parking contract/breach was between the PPC and the driver.  Nothing to do with the landowner. The Beavis case confirmed that.

So that breach of contract is still actionable later, as long as landowner authority to operate was held at the time of the parking event.

Snakes_Belly

Coupon-mad said:

Yes
Yes
No.

The point is simply that the parking contract/breach was between the PPC and the driver.  Nothing to do with the landowner. The Beavis case confirmed that.

So that breach of contract is still actionable later, as long as landowner authority to operate was held at the time of the parking event.

Thanks CM.