Contract between Land Owner and Parking Operator

[Scrumpy11]

I have questions regarding a contract between a parking operator and the land owner.

What does a contract have to legally contain?

Here I have been given a copy of a contract which I have uploaded a copy of page one.

The address given on the contract is the wrong address and does not relate to the scheme other than Winifride Court, the rest relates to a house further down the road.

On this contract you will see a PO Box address on the top right. I am guessing this was the address the operator was operating from at the time the contract was signed. Is this legal?

The contract was signed in May 18, the operator moved out of their registered address (bottom of letter), on the 23rd January 18, yet continued to operate their company from their former address for 19 months, basically using PO Boxes to operate their company from. They tried to justify using their former address by stating that they collected their mail from the address. Royal Mail stated that no official redirection has been set up. I have a letter from the agent whom is renting the property out. The letter states that the operator had no rights to operate any company from their previous address, but the letter starts with 'Without Prejudice'.

Is this contract legally binding?

Cheers

Scrumpy

[R0b]

I can see a client address, a site address and a registered office address but I don't see a PO box address on that page, where is it?

Regardless, a PO box address is generally irrelevant when it comes to deciding whether a contract is valid or not. For a contract to be formed there needs to be an offer, acceptance, consideration and an intention to create legal relations. Provided these have been satisfied, a contract is legally binding.

It sounds like you are trying to argue a technicality here, which I don't think there is based on what you've supplied. Businesses have the freedom to choose how they operate and there is nothing I am aware of in law that says a business cannot use a PO Box for its mail, particularly in this scenario.

One thing I would say is that the first page of that contract says that CMS will carry out monitoring, nothing in there says they have the right to issue PCNs, enter into contracts etc. Ordinary definition of "monitor" is to observe, nothing more.

Of course you've only supplier one page of the contract so you will only receive limited help based on what we have to look at.

[Scrumpy11]

Hi Rob, I have now uploaded a word document which is the full contract.

You are correct, I am trying to tear apart my landlords defence, I cannot see hoe the parking operator can enter a contract when they have no valid address to operate their company from. They were registered to the address '55 St Leanards Rd West' which they moved out of on the 23rd January 2018. The operator did not have landlords permission to continue operating their companies from this address after they moved. The operator continued issuing PCN's from that address for a further 19 months, trying to justify their actions by sating they still collect their mail, which they did not. The contract was signed several months after they had moved address but their company was still registered to that address. They were operating their company from no physical address, which is against regulations.

The address on the contract, SITE : WINIFRIDE COURT. 2 WAR LANE. HARBOURNE. BIRMINGHAM. B17 9RN
which they were tasked to manage does not tally to our scheme. 2 war lane is a house, although it does mention Winifride Court.


If you look at site map, I was parked in blue zone (Winifride Court, Albert Road, B17 0AN, indicated by the yellow circle. The operator stated I was in the red zone ( Winifride Court, (6 and 12),War lane B17 9RN), although both carparks are owed by my landlord. The two carparks are on separate roads, separate post codes and each have their own entrance. There is no through road and their is a six foot fence dividing the two carparks.

The signage are different in both carparks, yet the operator supplied the evidence to the IAS and are relying on signage in War Lane carpark. It would be impossible for me to see the signage as I did not use that carpark.


I appreciate any assistance offered.

[Scrumpy11]

I have just received the operators defence:

"

"We had arranged for all mail addressed to us that was sent to 55 St Leonards Road West to be held back at the main Post Office and collected along with our PO Box mail."

The above is thier responce to continuing to operate from thier former address. The royal mail stated that no 'Official' redirection had been set up. I have now asked them if the above statment is true.

If it is true then surly, interseption of mail does not give them rights to use former address?

[R0b]

Ok, let's break this down in chunks.

You are correct, I am trying to tear apart my landlords defence, I cannot see hoe the parking operator can enter a contract when they have no valid address to operate their company from. They were registered to the address '55 St Leanards Rd West' which they moved out of on the 23rd January 2018.

A limited company by law must have a registered office address. That address can be a physical, residential, commercial, PO Box, C/O etc. I am not aware of specific restrictions affecting your situation. There is nothing prohibiting companies from changing their address but there is a difference between a registered office address as required by company law, and having a 'place of business' address which is simply an address the company can be contacted. The fact that CMS has moved address is, in my view irrelevant as the starting point because they could still say that the PO Box address is listed as a business address, and that really is up to them.

The operator did not have landlords permission to continue operating their companies from this address after they moved. The operator continued issuing PCN's from that address for a further 19 months, trying to justify their actions by sating they still collect their mail, which they did not.

This argument falls flat unless there is a specific contractual obligation that gives effect to the above statement or, as I said before, there is a law or regulation prohibiting it (which I am not aware of). What you are suggesting would effectively amount to a termination of the contract. Unfortunately the word version of the contract is incomplete with words and doesn't make sense - I presume you tried converting it but the OCR hasn't turned out so well. Either way, from what I can make of it, I can't see anything in the contract that indicates that CMS are not allowed to continue providing the services if their registered office address (or any place of business address) changes. If you think there is, please highlight the relevant clause.

The address on the contract, SITE : WINIFRIDE COURT. 2 WAR LANE. HARBOURNE. BIRMINGHAM. B17 9RN
which they were tasked to manage does not tally to our scheme. 2 war lane is a house, although it does mention Winifride Court.


If you look at site map, I was parked in blue zone (Winifride Court, Albert Road, B17 0AN, indicated by the yellow circle. The operator stated I was in the red zone ( Winifride Court, (6 and 12),War lane B17 9RN), although both carparks are owed by my landlord. The two carparks are on separate roads, separate post codes and each have their own entrance. There is no through road and their is a six foot fence dividing the two carparks.

This, I think will be your strongest point. That CMS have no authority to monitor, issue PCNs, or pursue individuals who are parked in Winifride Court, Albert Road for the reasons you have given. The contract specifically covers Winifride Court, 2 War Lane which from my understanding doesn't exist but is probably meant to refer to 12 War Lane. In any event, Winifride Court, Albert Road and Winifride Court 12 War Lane and Winifride Court, 6 War Lane are not one and the same rather they are separate plots of land demarcated by their address and postcodes, entrances, fencing etc.

You could back that up by obtaining some evidence from the Land Registry which should highlight the the plots of land in question.

Long and short of it, is that your belief is CMS have no authority or right to issue parking tickets on the land where your vehicle was parked. The contract is limited to 2 War Lane or at best Winifride Court, 12 War Lane but not Winifride Court, Albert Road. If you are confident of this, you could threaten to counterclaim if CMS pursue a claim for harassment which I think would have a good chance of success.

[Scrumpy11]

Hi Rob,

Sorry, I'm not being ignorant, at work until 2100. I really appreciate you help and direction.

at quick glance, I guess I was relying on the 'Companies Act 2006' and the 'Companies (trading disclosures) Regulations 2008.

It was my understanding that a company must update change of their registered address within 2 weeks of moving.

I also understood a company must hold a physical a Address in which documents can be served, viewed ect...

CMS moved out of their companies registeted address, of which they were trading from but continued to operate from this address, issuing PCN's from forementioned address. The DVLA and Companies House had no idea they had moved until July 19, some 19 months later.

CMS have tried to justify the use of their former address by saying that they still collected mail from this address. I have proved this to be a lie. The Royal Mail have stated that there is no hold nor redirection of mail set up for the company. I have drivin to the previous address and seen a cabinet full of uncollected mail.

CMS have stated that the Royal Mail placed a hold on their mail which they collected when they collected their POBOX mail... So for all intense purposes CMS were operating from 23 January 19 to the 05 July 19 without a physical address as they were using their former address without the owners permission.

I maybe clutching at straws, I'm not legally trained.


Like I say, I appreciate all and any help you guys can give.

I will look at land registry, thank you

[R0b]

What section in particular under the CA 2006 were you looking at?

The Trading Disclosure Regs imposes an obligation on companies to include certain information on stationary such as letters as well as on their website and offices. It is a criminal offence for non-compliance and the company and/or its officers are liable to pay a fine.

That is, however, the extent of the TDR. It does not void any contract that the company may have entered into where it did not comply with the Regs. Nonetheless, I can see on the contract on that page that they have listed their registered office at the bottom of the document, so I can't see what breach (if any) there is. The legislation would have to explicitly state that the contract is void if there is a breach of compliance. For example, older versions of the Consumer Credit Act 1974 held that contracts were irredeemably unenforceable if the lender did not comply with its obligations.

I think you might be clutching at straws on that argument but happy to be corrected.

In my view your focus should be on the lack of authority and less about technicalities, judge's don't like them unless they are compelling and I don't think your trail of thought on the TDR argument is a good one. Companies can have as many addresses as they like, but you are right their registered office must be physical and I didn't make that clear in my previous post.

[Scrumpy11]

Hi Rob,

sorry, hard to reply as at work.

I believe it was s86 and s87 of the 'CompAnies Act 2006.

CMS failed to maintain a registered office. They moved from the office '55 St Leonards Rd West but continued trading from it. CMS were issuing PCN's (invoices) from their old address for 19 months or more. Two other companies have occupied that address since.

Thank you

[R0b]

Those provisions merely clarify that a company must have a registered office address and that it is entitled to change its registered office. I come back to the point that there's nothing with says a breach of these obligations deems a contract void and unenforceable, only a criminal offence and a fine.

By all means report them to Companies House but that's a separate issue, it doesn't invalidate the contract they have with the housing group. This present matter is a contractual issue and what you are arguing is a breach of statutory duty, they are not mutually exclusive.

Think you would really be clutching at straws on this one.

[Scrumpy11]

Hi, Home at last.

I can now take a proper look at what you have advised. Thank you. This is a long shot I knowL

I received a PCN in January 19, this was cancelled in May 19 (just about to be passed to solicitors.) after I threatened the IPC by asking for disclosure to my local MP and other organisations.

CMS signs did not conform to regulations. I am now taking CMS to court for 'Breach of the GDPR' for processing, sharing my personal information. I intend to fight for all Residents whom have fallen foul of this company.

On the 08 March 2016, Adams signs moved into '55 St Leonards Road West' The directors were also operating a couple of Parking Companies on the side. No signage was ever erected to show that CMS were ever operating from this address, only Adams signs. On the 23rd January 2018, Adams signs and CMS gave up the property of which their companies were registered to. Adams signs updated their address but CMS continued to operate, issuing PCN's from their former address until the 25 July 19. Harpers and Co Funeral Directors took up occupancy of this address in March 2018 but left several months later... Then DB Tyres took up occupancy from the end of July 2018, until date. Neither Harpers or DB Tyres were aware CMS were operating any companies from that address, although did receive mail for the companies. Harpers, returned to sender, DB Tyres collected the mail in a filing cabinet.

CMS failed to update the change of address to which their company was registered to but the directors (family business) updated Adams Signs. Instead, CMS continued to trade from the address to which they no longer rented, nor occupied without the owners, permission, nor knowledge.

I believe CMS had no right to operate any of their parking company's from the address of '55 St Leonards Road West' as they gave up their tenancy. so any PCN issued at our residency from 23rd January 2018 to the 25 July 2019 has been done unlawfully as the PCN's are sent from their former address.

Section 86 of the companies Act 2006: A company's registered office

A company must at all times have a registered office to which all communications and notices may be addressed.

Section 87 of the Companies Act 2006:
Change of address of registered office

(1)

A company may change the address of its registered office by giving notice to the registrar.

(2)

The change takes effect upon the notice being registered by the registrar, but until the end of the period of 14 days beginning with the date on which it is registered a person may validly serve any document on the company at the address previously registered.

(3)

For the purposes of any duty of a company—

(a)

to keep available for inspection at its registered office any register, index or other document, or

(b)

to mention the address of its registered office in any document,

a company that has given notice to the registrar of a change in the address of its registered office may act on the change as from such date, not more than 14 days after the notice is given, as it may determine.

(4)

Where a company unavoidably ceases to perform at its registered office any such duty as is mentioned in subsection (3)(a) in circumstances in which it was not practicable to give prior notice to the registrar of a change in the address of its registered office, but—

(a)

resumes performance of that duty at other premises as soon as practicable, and

(b)

gives notice accordingly to the registrar of a change in the situation of its registered office within 14 days of doing so,

it is not to be treated as having failed to comply with that duty.


CMS failed to maintain the address to which there company was registered but still continuied issuing PCN's from this address. (please see attached)



Thank you, I appreciate all help, now time to read though your advice and look at contacting the Land Registry

[Scrumpy11]

Sorry, just seen last reply. Ok. I will concentrate on the Site Address.

Thank you... I am so lost in all this. I am just sick of these companies, we have loads of elderly at pur residency whom are falling foul to them. With me they even gave false evidence on signage, I have all that comered

Thank you

[R0b]

You can do a Land Registry search (click here) but do be aware it's £3 for the title register and the plan each, if available. The starting point would be to simply do a search for 2 War lane which is listed on the contract but I did a check and there's no information available. You can do a request for a SIM Search using the SIM Form manually, but there's a quicker way to do that and make sure you get it right.

1. Use the link above and enter the postcode, this will then bring the list of available properties.
2. You'll see that no information available for 2 War Lane, but to the right of that there is a help box called Property Locator.
3. On the last paragraph there's a hyperlink "search of the index map", click on it.
4. Fill in as much detail as you can in the property details, making sure you at least complete starred numbers - basically just copy the address 2 War Lane.
5. Fill in your contact details make sure to include a contact number and then click create. It will then generate the form automatically for you and click on the link, print and send the form to the address shown. Cost should be £4.

Land Registry should give you the title number for 2 War Lane to enable you to request details which you can then use OC1 Form for official copies of the title register and plan at a cost of £7. Alternatively you can jump straight to the OC1 Form and complete the details, though the Registry may reject your application if it doesn't have sufficient information and direct you to do a SIM search request.

The above will give you complete knowledge about how much land is covered by 2 War Lane and the extent of CMS' authority. Or your other option is to do nothing at all and argue that 2 War Lane is entirely separate as per your previous comments. It's risky because you have no evidence to prove it, though equally it would be up to CMS to prove that 2 War Lane covers the area you parked.

I should point out that it is possible 2 War Lane might be be the overarching plot of land that covers the whole of Winifride Court both Albert Road and War Lane. However, you won't know that unless you request the title plan.

Ultimately, it really depends on how far you want to go with this to prove your case.

[Scrumpy11]

Hi Rob,

I have just had chance to sit down properly and read your advice. I could only glance over before as I was at work. I wish to thank you, as I guess I was concentrating on the wrong angle. I guess I have a lot of work to do,

Thanks again

Scrumpy

[Scrumpy11]

I have also got the form ready to send to the Land Registry. I just purchased a title plan for my property which states:

The Freehold land shown edged with red on the plan of the above Title
filed at the Registry and being 6 and 8 Albert Road and land on the
South side of War Lane, Harborne.

I have just googled 2 War Lane, it does exist and is opposite side, down the road of Winifride Court site:


https://www.zoopla.co.uk/property/2-...b17-9rn/453093

I guess its send the sim form now in relation to 2 War La.

Thank you

[R0b]

Before you do, you might want to read the guidance on the .Gov website as it does actually say at 4.1 that you can request the title number if you think you know the title is registered and you have a postal address. That might save you time and money on a SIM search.

https://www.gov.uk/government/public...fficial-copies