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  • Tysernans2018
    Tysernans2018 Posts: 85 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 23 February 2022 at 11:06AM
    @Fruitcake invaluable advice pal, really appreciate it

    How will I find out who the landowner is? 
  • Umkomaas
    Umkomaas Posts: 44,326 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What happened in your case with ParkingEye from 2020?  You didn't come back to tell us, despite the support given to you by the forum. 

    It doesn't motivate us greatly to help with new cases if there is no outcome feedback. 

    Perhaps you can update that thread please?

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    What happened in your case with ParkingEye from 2020?  You didn't come back to tell us, despite the support given to you by the forum. 

    It doesn't motivate us greatly to help with new cases if there is no outcome feedback. 

    Perhaps you can update that thread please?


    Now done, and the news is good.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 February 2022 at 11:59AM
    @Fruitcake invaluable advice pal, really appreciate it

    How will I find out who the landowner is? 
    Umkomaas has posted on other threads with a list of things to try, including asking the council who pays the non-domestic business rates, seeing if the landowner or their managing agent (not the PPC) is mentioned on signs, checking the council planning department website to see if the landowner is named when the site was last developed. Whilst there you could also check if planning permission was obtained for ANPR cameras (if fitted) to be installed, and if Advertising Consent was approved for signage. Not having the latter is a breach of the PoFA Sch 4, para 12, and is also a criminal offence, although only the council can pursue. Sadly most don't.

    You can also ask businesses attached to the site.

    Paying a few quid to the Land Registry should give you a definitive answer. 
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 44,326 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

    1. Google searches
    2. If a retail park, check on any signage which lists the on-site outlets
    3. Ask retailers on the site if there is a managing agent
    4. Ask retailers on the site to whom do they pay rent
    5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)
    6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 
    7. Contact The Land Registry and for around £3 they should be able to provide definitive detail
    8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Umkomaas said:
    SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

    1. Google searches
    2. If a retail park, check on any signage which lists the on-site outlets
    3. Ask retailers on the site if there is a managing agent
    4. Ask retailers on the site to whom do they pay rent
    5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)
    6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 
    7. Contact The Land Registry and for around £3 they should be able to provide definitive detail
    8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

    Thanks @Umkomaas, the address is Lowry Wharf, Salford, Manchester M5 4SS, it's a block of residential apartments 
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the motorist is/was a resident, or visiting a resident, then the keeper should complain to the management agent as well as the landowner and landlord if applicable.

    The resident's lease will have primacy of contract over anything the PPC has to say.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake said:
    If the motorist is/was a resident, or visiting a resident, then the keeper should complain to the management agent as well as the landowner and landlord if applicable.

    The resident's lease will have primacy of contract over anything the PPC has to say.
    @Fruitcake yes the driver is a resident but was in someone else's allocated bay, they only let one bay per residence and the driver lives with 2 other drivers so parking is a mare 
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Okay, but if there is no mention of a parking company, parking charges, or paying a parking company in the lease/AST/property rental agreement covering the property, then the PPC has no right to claim monies from the keeper, or any resident or visitor.
    There is also often a statement in a lease etcetera about a resident's right to quiet enjoyment. Is there any mention of what will happen if the lease parking terms are breached?

     
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake said:
    Okay, but if there is no mention of a parking company, parking charges, or paying a parking company in the lease/AST/property rental agreement covering the property, then the PPC has no right to claim monies from the keeper, or any resident or visitor.
    There is also often a statement in a lease etcetera about a resident's right to quiet enjoyment. Is there any mention of what will happen if the lease parking terms are breached?

     
    @Fruitcake I'll try and find out pal cheers 🍻 
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