Highview Parking - Court Claim - Advice

KWT2021

After doing some research the managing agent is a company called JLL. Spoke with them and they have advised to contact Highview and request reduced fee's which will be approved by the MA. I'm guessing it's not worth going down this avenue?

Redx

Seems pointless to me , especially if the driver has not been revealed , that is a fob off reply , so complain to the actual landowner now , it's all or nothing

Fruitcake

I agree with Redx. You want the fees reduced to zero. Useless lot and most unhelpful.

KWT2021

Is the Landowner the same as the letting agent?

Fruitcake

No. The landowner is the person or company who owns the land. The letting agent is a managing agent working on behalf of the landowner. They must have express or implied authority from the landowner to form a contract with a third party such as the parking scammers.

My Outlaws own a house that they rent out via a letting agent. For a fee, the agent collects the rent and deals with any problems at the property.
A retail park is no different except it's much bigger. 
The landowner may be a charity or overseas business or a pension fund or even a local council. They buy land as an investment and pay someone else to manage it for them.

Umkomaas

KWT2021 said:

After doing some research the managing agent is a company called JLL. Spoke with them and they have advised to contact Highview and request reduced fee's which will be approved by the MA. I'm guessing it's not worth going down this avenue?

Perfect fob-off opportunity for them then. When faced with legal action, you must create a paper trail.  As you've no actual evidence of what you said, what they said during the phone call, the call might as well never to have been made. 

You need to get this to them in writing. Tell them how distressing this is, how it has put off you and your family from ever shopping at their site again, surely not what they want as the managing agent? They are harassing you for money in the middle of a pandemic and national emergency  ...... lay it all on thick ..... IN WRITING!  

Fruitcake

Also point out that they are jointly liable for the actions of their agents which is vexatious and without merit. 

Redx

KWT2021 said:

After doing some research the managing agent is a company called JLL. Spoke with them and they have advised to contact Highview and request reduced fee's which will be approved by the MA. I'm guessing it's not worth going down this avenue?

Jones Laing LaSalle ?

You should have complained in writing

Many landowners employ letting agents , but letting agents are rarely landowners , it's a hands off business

Think of it as like your local travel agent selling holidays for TUI or similar travel companies , they don't own the hotels !! A complaint to the hotel owner can work wonders

The Land Registry will hold details on the landowner

D_P_Dance

In matters such as this, where a court claim is very likely, all matters ahould be conducted on paper. 

KWT2021

D_P_Dance said:

In matters such as this, where a court claim is very likely, all matters ahould be conducted on paper. 

Thanks for the advise. I have followed up with JLL via email.

"Hi Matthew,

Following on from our conversation earlier this morning, regarding a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £496.70 (inclusive of £35 Court Fee & £50 Legal representative's costs). As suggested, I contacted Highview Parking which is now part of the GroupNexus and they are unable to take calls over the phone to discuss this matter further.

I very much wish to settle this outside of court and would like to point out that JLL are jointly liable for the actions of their agents which is vexatious and without merit. The experience has caused a lot of distress to me personally, on top of a global pandemic which has seen many families struggling financially. Both me and my family will re-consider shopping at the retail site in the future. 

I appreciate the gesture in offering to support the approval of a cost reduction to a fee only charge, however given the unfair penalty charge described above (Total £411.70, court and legal representative costs excluded), I would like you to consider overriding and instructing Highview Parking to cancel the claim all together on the basis of unjustified cost recovery.

I would appreciate the support and power you have as a managing agent to contact your agents on my behalf and manage this the right way nullifying the claim, in the way that many other Managing agents or Landowners have previously done. I would have called you as soon as the fine was issued, however the first I knew of it was the County Court Form that arrived on the 28th April."