Third Claim by NPM/Gladstones - Got CCJ cleared - WON AT COURT - Case Dismissed

Le_Kirk

Is it signed and dated by the correct people?  Is it or was it in date at the time of parking event?

h2g2

You can look up NN141146 in the land registry to see a copy of the freehold. It should have any leaseholds underneath it written out. The freehold at my place lists "Flat [num] and parking space" for each flat, for example. That would show that the parking space was already let to a leaseholder, and they knew it.

But it would appear to show that Whitbread Group PLC had a license to underlet.

What does the Parking Agreement Scheme say? How to undermine it will depend on how it was worded.

AdamBliss

Le_Kirk said:

Is it signed and dated by the correct people?  Is it or was it in date at the time of parking event?

The Parking Scheme Agreement was signed in 2012 and the HM Land Registry TR1 was dated 2019.
They are both before the incident dates: 2020.

But I am trying to find out if this is the correct people

AdamBliss

h2g2 said:

You can look up NN141146 in the land registry to see a copy of the freehold. It should have any leaseholds underneath it written out. The freehold at my place lists "Flat [num] and parking space" for each flat, for example. That would show that the parking space was already let to a leaseholder, and they knew it.

But it would appear to show that Whitbread Group PLC had a license to underlet.

What does the Parking Agreement Scheme say? How to undermine it will depend on how it was worded.

Yes I looked up the land registry but they are asking for £7 for see the documents, not gonna bother tbh. 

The parkin scheme agreement says this: 

Johnersh

Who's Whitbread? Is that John Whitbread, Wayne Whitbread or Jane Whitbread? Might it even be Whitbread PLC? Better still, type in Whitbread into companies house and look what happens. Why is there no company address or number?

A corporate entity is a person. If the contract fails to specify a person, who is it really with?

One might generously argue that a contract was implied through the PPC operating.... But would the CEO of Whitbread PLC even be aware of it, given that all revenue is kept by the PPC. In theory, this could all have been set up by a local pub landlord/coffee shop owner acting on a frolic of their own.

Castle

Johnersh said:

Who's Whitbread? Is that John Whitbread, Wayne Whitbread or Jane Whitbread? Might it even be Whitbread PLC? Better still, type in Whitbread into companies house and look what happens. Why is there no company address or number?

A corporate entity is a person. If the contract fails to specify a person, who is it really with?

One might generously argue that a contract was implied through the PPC operating.... But would the CEO of Whitbread PLC even be aware of it, given that all revenue is kept by the PPC. In theory, this could all have been set up by a local pub landlord/coffee shop owner acting on a frolic of their own.

Agreed.

And there's even better news, because; "National Parking Management Limited", (Co Number 8237818), was not incorporated until 2nd October 2012, the day after the contract was signed. Furthermore, it was incorporated as "Northamptonshire Parking Management Limited"; a name they used until 6th April 2016.

The "9 Lady's Lane Northampton" address was only used from 29th September 2015 to 25th September 2017.

AdamBliss

Johnersh said:

Who's Whitbread? Is that John Whitbread, Wayne Whitbread or Jane Whitbread? Might it even be Whitbread PLC? Better still, type in Whitbread into companies house and look what happens. Why is there no company address or number?

A corporate entity is a person. If the contract fails to specify a person, who is it really with?

One might generously argue that a contract was implied through the PPC operating.... But would the CEO of Whitbread PLC even be aware of it, given that all revenue is kept by the PPC. In theory, this could all have been set up by a local pub landlord/coffee shop owner acting on a frolic of their own.

Well said.

AdamBliss

Castle said:

Johnersh said:

Who's Whitbread? Is that John Whitbread, Wayne Whitbread or Jane Whitbread? Might it even be Whitbread PLC? Better still, type in Whitbread into companies house and look what happens. Why is there no company address or number?

A corporate entity is a person. If the contract fails to specify a person, who is it really with?

One might generously argue that a contract was implied through the PPC operating.... But would the CEO of Whitbread PLC even be aware of it, given that all revenue is kept by the PPC. In theory, this could all have been set up by a local pub landlord/coffee shop owner acting on a frolic of their own.

Agreed.

And there's even better news, because; "National Parking Management Limited", (Co Number 8237818), was not incorporated until 2nd October 2012, the day after the contract was signed. Furthermore, it was incorporated as "Northamptonshire Parking Management Limited"; a name they used until 6th April 2016.

The "9 Lady's Lane Northampton" address was only used from 29th September 2015 to 25th September 2017.

Great catch, thank you for this, will add a paragraph onn this on my WS

AdamBliss

So let me get this straight: 

The Landowner according to the TR1 provided by the Claimant is: LIONACRE PROPERTIES LIMITED since 2019.
(All the PCNs took place in 2020) 

The Parking Scheme Agreement between the Claimant is with WHITBREAD -00021 and not Lionacre...
Also this agreement has a date of comencement of: 1st October 2012.
However, NPM was incorporated a day after...

There is no evidence whatsover of a valid agreement with the lawful landowner. 

How exactly does NPM have any legal authority to bring this claim?
Shouldn't this claim be struck purely for the facts above?
Or am I missing something?

@Coupon-mad @Le_Kirk @Castle @Johnersh @h2g2

Le_Kirk

The below, which is an extract, is frequently posted by @Fruitcake, check his profile to find the complete post.

"In the recent Court of Appeal case of Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907 the Court of Appeal are now clear that most redactions are improper where the Court  are being asked to interpret the contract.

https://www.bailii.org/ew/cases/EWCA/Civ/2020/907.html Ref. paras 74 & 75 ''...The document must in all normal circumstances be placed before the court as a whole. Seldom, if ever, can it be appropriate for one party unilaterally to redact provisions in a contractual document which the court is being asked to construe, merely on grounds of confidentiality...confidentiality alone cannot be good reason for redacting an otherwise relevant provision..."

With regards to the contract, it fails the requirements of the Companies Act 2006, and therefore is not a valid contract.

Section 43 of the above Act.

Companies Act 2006 (legislation.gov.uk)

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.

The document purporting to be a contract is incapable of forming a contract in accordance with the above Act because: -

1 (a) The document has not been signed under either company's common seal.

1 (b) The claimant has not signed the document at all. 

The managing agent has not provided express authority because : - 

(i) the signatory has not been specifically authorised by an officer of the company (owner, director, company secretary, or person with significant interest in the company) to form a contract on its behalf.

(ii) the position of the signatory within the company (Associate property manager) has not been given implied authority by an officer of the company (as mentioned above) nor mentioned within documentation such as the company's Articles of Association.

2 It is reasonable to assume that any formalities required by law would include the authority to form a contract with another party.

https://www.legislation.gov.uk/ukpga/2006/46/section/44

Does the contract they have shown you comply with the above?