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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice
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I am being taken to small claims court by a private parking

Customer Question

I am being taken to small claims court by a private parking firm. They claim their authority to pursue me arises from a contract signed with the landowner. However, their contract appears to be with the parent company rather than the subsidiary company which is the registered owner of the land. Can this contract be considered valid given that the party signing it is not the actual landowner?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

It can if the contract does, in some way, include an agreement from the land owner. For instance the subsidiary company gave permission to the parent company to contract out. You can ask them to prove that point but it is possible.

I have defended a number of these claims and I have never yet found one that fell upon this particular point.

Thats not to say its not possible but just that its rare.

The key with these things though is to make it as time consuming for them as possible in the hope they will give up.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks, Jo. I guessed that might be the case (but hoped otherwise!). Can't see ParkingEye giving up, but I'll definitely ask that they produce evidence of the basis of authority for contracting on behalf of the subsidiary. Thanks again. Kevin

Expert:  Jo C. replied 2 years ago.
Well, they do sometimes. They don't usually sue actually.

Remember you have all the usual challenges - prove the signs were adequate, the sum of their loss etc
Customer: replied 2 years ago.

Thanks Jo. They're definitely suing - won't agree to a small w/o prejudice settlement or referral to the industry ADR even though proceeding to court will cost them far more than they can recover. They seem very excited about the recent verdict by HHJ Moloney which they claim vindicates their penalties regardless of actual sum of loss (even though that judgement is under appeal). Hopefully will be able to get them on the inadequacy of the signage. Ho Hum. All very disproportionate for parking in an empty free car park. Thanks again, and have a good evening. Kevin

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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