Private Parking Charge Retailer Closed Down

Parking_nightmare

MistyZ said:

Something you can do right now is to complain to the land owner or land management agent.  Most tricky thing about this - and it's not usually all that tricky - is to identify who they are.  Somebody owns or manages that land.  Chances are quite a few people are getting stung in the same way.  Vigorous and confident complaint / request for cancellation of PCN required ASAP. Unfortunately I have no way of finding out who owns the land 

Parking_nightmare

I received this letter today from CSB Solicitors stating " they have been instructed to prepare for possible legal proceedings" which I intend to ignore. I cant find out who owns the land as both retailers on the site who share the car park are now out of business. 

nosferatu1001

Of course you can find out who owns the land.
Call the council, find out who pays the NDR
Google

DoaM

Or make a request to the Land Registry for the details ... only costs a few quid - less than a fiver.

Parking_nightmare

Thanks for the comments I paid for a land registry search and have written to the land owner today 

Coupon-mad

Whatever you do, it will NOT be to pay a fee for a non-standard (late) IAS appeal, that is an ABSOLUTE no-no.

Parking_nightmare

Coupon-mad said:

Whatever you do, it will NOT be to pay a fee for a non-standard (late) IAS appeal, that is an ABSOLUTE no-no.

I don’t intend to do this at all. I’m waiting to hear back from the land owner. One legal technicality I have thought through is this. - in contract law there has to be what us referred to as “consideration”. In this context the consideration is parking a vehicle on the land in return for the ability to enter the retail premises. If, as in this case, I was physically unable to enter the premises as they were no longer trading, then in my opinion the consideration is not feasibly in place, which in my opinion leads me to think that the contract is frustrated and therefore unenforceable ? Would anyone agree with my train of thought ? Hopefully a judge would if it goes that far !

Coupon-mad

Yes you could argue that.

Another legal technicality is that I doubt PCN (NW) complied with the POFA.  Have you done a SAR to them?

Parking_nightmare

Coupon-mad said:

Yes you could argue that.

Another legal technicality is that I doubt PCN (NW) complied with the POFA.  Have you done a SAR to them?

Hi thanks what’s POFA and SAR please ? 

Umkomaas

Parking_nightmare said:

Coupon-mad said:

Yes you could argue that.

Another legal technicality is that I doubt PCN (NW) complied with the POFA.  Have you done a SAR to them?

Hi thanks what’s POFA and SAR please ? 

I'm afraid you're struggling if you don't recognise either of those acronyms. You need to be reading the NEWBIES FAQ sticky thoroughly to give you the wherewithal to deal with what's ahead of you. The fifth post of the sticky provides you with the acronyms most used on the forum. Alternatively, Google gives you a further option.