Adding Additional Defence Info to DCB Legal 'Letter of Claim' Response email - Advice needed!

candy_cars

Le_Kirk said:

candy_cars said:

Yes in hindsight I should have contacted the landowners. I think I missed that (or didn't take that fully on board) when I looked for advice all those years ago! I know for next time.....if it ever happens again. I did actually try to do that recently when I started getting letters again, just in case it helped, but there their stores not there anymore. 

Unlikely to be cancelled by an individual store anyway (as stated elsewhere in this thread) but if it is a retail park there will probably be a totem pole on entrance to it and at the bottom of that will be the managing agent, such as Savills or Jones Lang Lesalle

Thanks. It was the only store on that site, so not in a retail park as such. But I'll see if there is any information on who the landowner is next time I'm in the area or see if I can find information online if not. Thanks again

candy_cars

Gr1pr said:

As above,  nothing to do with the stores,  everything to do with the landowner,  who is represented by the retail park management company,  so I don't think that you are quite onboard yet  ( Homebase are or were tenants, same as the other businesses there, they had no contract with the parking company,  the retail park management company did  )

Different if it was Asda or Tesco,  where the business may be the landowner 

But Plan A covers all of them, you choose the correct one accordingly,  never too late for plan A 

Whereas now you are on notice of a possible or probable future court claim,  instead of getting the pcn cancelled as a legitimate patron of the private property 

Thanks Gr1pr. I had looked at the Newbies page before starting this thread / before your response above and it had said complain to the retailer or landowner so didn't realise it was only the landowner that should be contacted. The bit about 'angry customer who will never return' made me think the retailer was ok to contact - as why would the landowner care if I didn't come back! 

Anyway, thank you for clarifying. I have tried doing both now. The landowner has changed since 2020 but I have managed to track them down. So I'll see what the say. The retailer has gone into administration but as I tried contacting them before I started this thread, if they get back to me I'll see if I can get anywhere with that too. Worth a try. 

Thanks again

From Newbies: 

"In EVERY case (not just P/Eye):

IT IS NEVER TOO LATE to complain to the Landowner or retailer, and LBC stage is a last chance. When faced with a polite but ''angry customer who will never return'' complaint many retailers cancel these.

DO NOT WRITE THAT YOU WISH TO 'APPEAL'. No, it's a complaint!
If it's a Hospital, urgently complain to PALS (Google it...)."

Gr1pr

If the retailer IS the landowner,  then it's 2 birds with one stone 

Most retailers are tenants,  so little or no control over the contract with the private contractors 

The point is that you complain to the entity that hired the parking company,  often the landlord,  or retail park management company like Savills or JLL, or British Land or Peel Holdings estates, or the pension fund etc

You dig, you find the nugget,  you complain to the nugget owner 

Even if the retailer has gone bust,  there is still a landowner and probably a landlord,  they won't have gone bust,  even if the tenant has 

If the business owned the land, then the receivers will be in control

Think about it   !

candy_cars

Gr1pr said:

If the retailer IS the landowner,  then it's 2 birds with one stone 

Most retailers are tenants,  so little or no control over the contract with the private contractors 

The point is that you complain to the entity that hired the parking company,  often the landlord,  or retail park management company like Savills or JLL, or British Land or Peel Holdings estates, or the pension fund etc

You dig, you find the nugget,  you complain to the nugget owner 

Even if the retailer has gone bust,  there is still a landowner and probably a landlord,  they won't have gone bust,  even if the tenant has 

If the business owned the land, then the receivers will be in control

Think about it   !

Yes don't worry I tracked down the landowners and found the nugget (as mentioned above). The site is a housing estate now. They didn't own the land in 2020 but they were incredibly helpful and have passed on the company that did.