WS vs BW Legal for UKCPM

chad888

Just a sanity check question really, DDJ ordered to submit Witness Statements by 19th March, I sent mine on the 18th as I was on holiday 19th. Theirs arrived on the 19th. Mine is straight forward — Beavis Sign vs their complete lack of signage, dirty white sign with small black writing on a dirty white wall 9ft up, above a 6ft high sign, bright green "customer parking this way".

The parking was in July 2024.

I read through theirs after coming home today, most specifically 2 points:-

1. UKCPM entered a contract to manage the land in 2020, it was a 2-year contract and rolling from then. The contract is with a company called Ekraj Limited (05443164). Ekraj Limited entered liquidation and was wound up in December 2022.

Does this mean what it sounds like it means? They dont have a valid contract with the landowner as of the company that owned the land being wound up 2 years earlier?

2. They have submitted a Google map birdeye with all the supposed signs highlighted. These signs are imaginary, but I didnt quite capture those locations claimed in my sweep of the car park.

Can I submit anything now that its a week later calling out the lie? Can it be presented in court if I go and take a photo now and show it to the court?

Gr1pr

What date is the hearing. ?

chad888

https://forums.moneysavingexpert.com/discussion/comment/81938741#Comment_81938741

21st April

Coupon-mad

Personally I would keep your powder dry and raise this at the hearing. If you send another WS it'll tip them off to replace it with an updated version before the hearing.

But wait. DCB Legal for UKCPM. Are you sure? They do UKPC claims but not UKCPM. Show us the Claim form.

chad888

https://forums.moneysavingexpert.com/discussion/comment/81938958#Comment_81938958

BW Legal, my mistake, there are to many shady firms with similar names!

Does the landowner iaw the contract being wound up (or liquidated, I don't know the difference!) actually mean that they don't exist to enable the contract and thats open and shut?

Castle

Companies House records show that Ekraj Limited disposed of all of their Freehold Land & Property in the year ended 31st March 2022.

(This was before they entered the liquidation process, which was in January 2023).

Jame4ters

If Ekraj Ltd don’t exist anymore, which they don’t, then the contract to manage the land that you have been provided is no longer valid.

There should be a new contract with the new owner but as things stand UKPCM haven’t provided that so haven’t proven that they can manage the land on behalf of the landowner

chad888

https://forums.moneysavingexpert.com/discussion/comment/81939212#Comment_81939212

Thank-you!

So I enter the court and claim:

In 2024, Ekraj Limited did not own the land as it had sold all freehold land in 2022, it entered liquidation and was dissolved in 2023.

Under the insolvency act 1986, the dissolved company cannot hold rights, be represented, or authorise agents. It could not grant rights over land it did not own. UK CPM can not legally represent Ekraj Limited, because Ekraj Limited does not legally exist.

They have not shown a contract with the landowner in 2024, the time of the infraction, so they lack locus standi as they have no authority from the actual landowner.

Do I print the evidence off from Companies House, or shall I let the DDJ look it up themselves? Is that open and shut? Or will the judge order us away to provide further evidence of who they hold the contract with now?

Car1980

Print off two copies and keep them safe should the judge ask for it and to give to the other side.

Coupon-mad

Please edit the thread title to show the correct solicitors, or we will forever be confused when you come back.

Castle

OP

Ekraj Limited has not yet been dissolved.