Parking Eye - Court Claim

mysterywoman10

Tandon wrote: »

The completelyretail.co.uk is only a marketing site and is not Savills site. Savills just have a section on it located by it being set up as a section denoted by preceeding the actual site with the name savills. Do you have a link to the search facility you used to find the info on the Centuary park, only when I try searching the site I just get lists of available retail units rather than details of a particular retail park?

Yes I know it's a marketing site, and I had trouble getting the info from the savills site and agree re the search not sure how I got it in the end it was late. But there is no doubt from the link shows they are using that domain in some way.

I personally think B&Q do own that land, because the story fits. Whether they use Savills to manage the parking is not clear I guess you could ring/email Savills and ask them? Or as someone else suggested speak to the Council, failing that I'm not sure whether it might be worth a Land Registry search ? £15 I believe if you can't find it out any other way. You could include your costs in the Court Case if you win.

The bottom line is the PE have failed to provide the "contract" between them and the "landowner or their agents".

mysterywoman10

Tandon wrote: »

Ok thanks. I give it a try, though if it is anything like my local council planning web site I'll be lucky if I can find anything without an application number. I've also got to try to find the name of the planning authority for the area, it's unlikely to be something simple like Watford. I'll do some Googling.

It is Watford Borough but I couldn't find anything only requests for signage and a mast opposite B&Q I spent a long time looking last night. I agree your planning portal is not very good for Hertfordshire.

Tandon

mysterywoman10 wrote: »

It is Watford Borough but I couldn't find anything only requests for signage and a mast opposite B&Q I spent a long time looking last night. I agree your planning portal is not very good for Hertfordshire.

I've been searching the site but cannot find anything either general for retail parks nor specific to The Arches Retail Park. All I've turned up for the Arches is studies on retail and other minor things, much as yourself.

mysterywoman10

Ok I've figured out how I got to the Century listing by searching available properties to let and there is one vacant on that part of the Estate which is why it appears when you search.

The bottom line is Mothercare or B&Q must know who they pay the rent/lease to? Even if they don't know at store level someone must do in Head Office?

Do let us know when you eventually find out

Tandon

mysterywoman10 wrote: »

The bottom line is Mothercare or B&Q must know who they pay the rent/lease to? Even if they don't know at store level someone must do in Head Office?

Do let us know when you eventually find out

Well I tried the Land egistry, you can get a copy of the title to the land for £3 as opposed to the £15 search.. It is not a court admissible copy. It states that the Registered Owner is Watford Borough Council which came as a surprise. I wonder what the £15 search gives you as opposed to the £3 title document?

mysterywoman10

Well that is a surprise! Given all the background on ownership?! The value etc. Do they hold the title deed possibly and the land was sold on a very long lease to whoever?! We know originally it was bought and owned by Pearl (Henderson's) but did they buy the freehold?!

Although it does mean presumably the Council will know who is leasing the land to which they own the freehold? So you can phone them and find out?

Tandon

mysterywoman10 wrote: »

Well that is a surprise! Given all the background on ownership?! The value etc. Do they hold the title deed possibly and the land was sold on a very long lease to whoever?! We know originally it was bought and owned by Pearl (Henderson's) but did they buy the freehold?!

Although it does mean presumably the Council will know who is leasing the land to which they own the freehold? So you can phone them and find out?

It is the freehold the council own, so yes it is likely that someone esle owns the freehold.

Coupon-mad

Interesting that the Council owns the Freehold. Tandon you could ask the Council under FOI for any documents relating to the ownership/lease and parking management contracts of this car park. Could be useful for your defence if the landowner (Council) says 'nothing held about parking management contract' and yet PE produce a witness statement that names the lessee as the 'landowner'!

Tandon

Coupon-mad wrote: »

Interesting that the Council owns the Freehold. Tandon you could ask the Council under FOI for any documents relating to the ownership/lease and parking management contracts of this car park. Could be useful for your defence if the landowner (Council) says 'nothing held about parking management contract' and yet PE produce a witness statement that names the lessee as the 'landowner'!

Intersting point but surely the leaseholder would be regarded as the landowner in these circumstances?

mysterywoman10

Tandon wrote: »

Intersting point but surely the leaseholder would be regarded as the landowner in these circumstances?

I agree if they had paid £35 million for the lease and own the buildings.

It all comes back to the contract really it just goes to show what a grey area it all is in terms of land ownership.