WS vs BW Legal for UKCPM

chad888

https://forums.moneysavingexpert.com/discussion/comment/81939652#Comment_81939652

Is it nothing then that they sold all freehold and land assets in 2022?

Screenshot_20260327_110320_Drive.jpg

Jame4ters

Ekraj Ltd doesn’t own any assets as at the 2nd February this year.

When did was your PCN first issued?

chad888

https://forums.moneysavingexpert.com/discussion/comment/81940157#Comment_81940157

They don't own anything as of this year's liquidation report.

However, in the FY 21-22, they sold their entire owning of land and property. In fact, they sold everything except £780 worth of computer.

So them selling their land in 2021-22 would suggest they weren't the land owner in 2024 when the PCN infraction occurred.

In the 2023 Liquidators statement, the only assets they held were the directors loans.

Is that correct? They weren't therefore landowners, and so the contract UKPCM have provided from 2020 giving them permission as landowners is null and void?

Jame4ters

Based on the above dates I agree that the copy of the contract which has been provided doesn’t prove that they had permission to “manage” the site

Coupon-mad

Thirded. Raise that at the hearing.

chad888

Hearing was today.

When I had emails my Witness Statement to the Claimant and Court the files had corrupted, so they had nothing. Nobody had told me, so I gave them my copy that I had brought to myself.

Further, I tried to present to the court and the claimants solicitor:

1: FY 20/21 statement showing the assets owned as of their contract being signed.

2: FY 21/22 showing all assets disposed of, and the company holding zero assets.

3: 2023 notice of Liquidation.

The DJ was not happy and accused me of wasting everyone's time. I argued that the claimants Witness Statement was sent on the deadline, so I wasn't able to use that in my Witness Statement which I had delivered earlier than the claimants (due to holiday). I was under the impression that I wasn't allowed to add anything, and it is the Claimants own lack of a contract, not for me as a defendant to trawl companies House to find they don't own anything.

DJ said the Companies House information is meaningless, I need to show her the land registry sale to show that it was sold.

ETA - land was sold in December 2021 according to registry.

Hearing is adjourned so they can present an amended Witness Statement within 14 days.

I was ordered to pay the Claimants legal fees within 14 days — £150.

Coupon-mad

"I was ordered to pay the Claimants legal fees within 14 days — £150."

That's bad.

When you heard that from the judge, you should have politely asked for the matter of costs to be reserved to the final hearing because having wasted your time and the court's time, the most likely outcome is they will now run away and discontinue as you exposed the issue. Leaving you £150 out of pocket and no way to alert the judge. Claim over.

chad888

https://forums.moneysavingexpert.com/discussion/comment/81972077#Comment_81972077

Is there not a way for me to ask that now, Post hearing?

Coupon-mad

Sorry, no. Have to say these things at hearings.

chad888

https://forums.moneysavingexpert.com/discussion/comment/81972105#Comment_81972105

Interesting but a shame.

I paid my end by the deadline given in the order of judgement. The Claimant has not filed the amended Witness Statement as they were instructed to, with the new land owners information (as expected — they may file a discontinuance).

Can I write (email) the court bringing this to their attention, and asking for my costs without a hearing – including the £150 plus £12.50 postal order cost?

Do I need to tell the court that I paid, what happens if I dont tell them?