PCN Planet Ice - Autism - Premier Park

Frederik100

Hi All

I was hoping to get some advise for a PCN that I received at Planet Ice. We took out autistic son ice skating for the first time. He loved it and didn't want to leave. He proceeded to have a meltdown and wet himself which caused us to miss our window to leave (given the grace periods - it was about 4 minutes over)

We appealed to Planet Ice, but they have shirked responsibility, so we appealed to Premier Park (I know, ha ha) and they naturally denied the issue. We appealed on the grounds of the following to POPLA and Premier Park:

1) In breach of Equality Act 2010

2) No keeper liability

3) BPA Code of Practice - non-compliance to guidelines

4) No evidence of period parked

5) No landowner authority

6) Lack of signage- unclear signage

They didn't provide evidence for the 1st, but a lengthy rebuttal along with a contract between the leaseholder of the land, but nothing from the owner. I do not know if they are an agent to act on behalf of the owner, so I would think that they are in violation of point 5. Admittedly, I am not sure that point 1 can really be fought rather than naming and shaming Planet Ice on social media and finally. Also, I never received a Notice to Keeper, but rather a 'Final Chance Before Action' was received when I initiated the appeal. 

I have attached the contract between Premier Park, but am unsure if perhaps there is an avenue that I haven't explored fully here.

Hopefully the screengrabs will help others with the same company

nopcns

Have you or Premier Park redacted that document? From what is shown, it has no meaning without seeing the name of the "client", all dates and signatures, names and position of the signee in the respective companies.

Frederik100

I redacted it. The client was Silver Blades Ice Rink (Solihull). There was a mention of Fitness First and Silver Blades under section 2.1

Frederik100

The signatures at the end were also redacted by Premier Park

nopcns

Frederik100 said:

The signatures at the end were also redacted by Premier Park

The signatures, the names of the signatories and their respective positions in their companies?

Frederik100

Those were redacted outside that they were Directors in either company: Premier Park and Silver Blades

Frederik100

No names were given in ink nor typewritten 

nopcns

So how can you be sure that the people that signed the contract were both authorised to do so and were indeed directors of those companies?

Frederik100

No one would know, so another avenue to explore . I am now in the rebuttal phase of the appeal with POPLA, so I will need all thr ammunition that I can muster up.

Castle

Frederik100 said:

I redacted it. The client was Silver Blades Ice Rink (Solihull). There was a mention of Fitness First and Silver Blades under section 2.1

Silver Blades Ice Rink Company (Solihull) Ltd, (Co Reg 09581917), don't own any land or buildings so they are not the landowner.

nopcns

How can you or the assessor know whether the contract is valid according to the Companies Act 2006, specifically Section 44? This section outlines requirements for the signing of documents on behalf of a company. It stipulates that a document is validly executed by a company if it is signed by two authorised signatories, or by a director in the presence of a witness who attests the signature.

If they have redacted that information, then there is no proof that the contract is valid. I think there is something about using a redacted copy of a contract in the Interpretation Act 1978 being a breach of that Act.