Here is paragraph that can be used in a POPLA appeal:
Premier Park Limited has failed to comply with The Companies (Trading Disclosures) Regulations 2008 by not displaying their registered office address on the signage at the site. Instead, they have only provided a PO Box, which is not a legally valid business address.
These regulations require a company to display its registered name at any place where it carries on business. Since Premier Park conducts business at this car park by offering parking terms, charging fees, and issuing parking charges, they must comply with this legal requirement.
Breaching Regulation 10 is a Criminal Offence
Under Regulation 10 of The Companies (Trading Disclosures) Regulations 2008, failing to meet these disclosure requirements without reasonable excuse is a criminal offence.
Regulation 10 states:
“If a company fails, without reasonable excuse, to comply with any requirement of these Regulations, an offence is committed by the company and every officer of the company who is in default.”
This means that:
• Both the company and its directors can be prosecuted for failing to display the required information.
• The offence can result in a fine, and enforcement action can be taken by Companies House or Trading Standards.
Since Premier Park has committed an unlawful act, the principle of ex turpi causa non oritur actio applies. This legal principle states that a party cannot enforce a claim if it arises from their own unlawful conduct.
Since Premier Park has acted unlawfully, they cannot rely on their signage to form a contract with the driver. No valid contract exists, and the Parking Charge Notice must be cancelled.
But it’s not on their contractual sign.
I’m seeking judicial advice on whether this is a valid legal point that invalidates the contract. I’m not really bothered if a POPLA assessor does or does not have the intellectual capacity or necessary training in contractual law, but it would certainly be useful as a defence in any claim.
A private parking company displays signage at a car park setting out contractual terms. However, instead of providing their registered office address, the signs only includes a PO Box. The company does have a registered office, which is listed on Companies House and their website, but it is not displayed on the signs that forms the contract with the driver.
My argument is that:
1. The car park is a place where the company carries on business – they operate, issue charges, and generate revenue from motorists there.
2. The Companies (Trading Disclosures) Regulations 2008 require a company to display its registered name at any location where it carries on business and to provide its registered office address on business documents.
3. A PO Box is not a legally recognised business address, meaning the contract terms are not lawfully presented.
4. If the signage does not meet legal requirements, a valid contract was not formed, and the company cannot enforce the parking charge.
Oh dear... Premier Park are in breach of several laws and their directors are criminally liable for the following:
By providing only a PO Box address instead of a full registered office address is unlawful:
• It breaches the Companies Act 2006 and UK disclosure laws.
• It is a criminal offence under The Companies (Trading Disclosures) Regulations 2008.
• Premier Park Ltd (and its directors) can be fined for non-compliance.
• This can be reported to Companies House and Trading Standards.
• The NtK’s non-compliance can be used as a defence against any future claim.
The Notice to Keeper fails to provide a legally required serviceable address, making it invalid and unenforceable. It also casts into doubt that any contract could have been formed as their signage also only shows a PO Box instead of a serviceable address.
All good stuff to include in a POPLA appeal.