The High Court has forced two UK car park investment companies to close after they made “misleading claims” in their sales brochures and marketing materials.
Aston Darby Group and Drake Estates Property Company were both wound up on 3 July 2020 in Manchester high court.
The two companies sold car parking spaces to the general public as investment opportunities at sites close to Manchester and Glasgow airports.
Complaints, however, were made about Aston Darby Group and Drake Estates and the Insolvency Service carried out enquiries into the two companies, which had already secured £25m from investors.
Details
Investigators uncovered that Drake Estates started trading in October 2016, selling parking spaces at a site in Lode Hill, Styal, Cheshire for £25,000. The site was close to Manchester Airport but was not owned by Drakes Estates.
Funds received were used to purchase the Lode Hill site in the name of an offshore company acting as trustee for Drake Estates.
The property, however, was subject to a unilateral notice and the transfer of the property’s title to Drake Estates’ trustee has still not been registered with the Land Registry.
Aston Darby Group began trading a few months later in April 2017.
It also sold car parking spaces at the Lode Hill site as an agent of Drake Estates, as well as spaces at a second site in Harbour Road, Paisley, Scotland.
The Harbour Road site was close to Glasgow Airport but, again, was not owned by the company.
Finances
Investigators found that, between October 2016 and December 2019, Drake Estates and Aston Darby Group sold around 456 car park spaces at the Lode Hill site in Manchester for close to £11.5m, while the Aston Darby Group sold more than 630 car park spaces at the Harbour Road site in Glasgow between April 2017 and December 2019 for more than £14.3m.
The spaces were bought for £25,000 each and guaranteed an 8% return over the first two years for investments at Manchester’s Lode Hill site.
The Glasgow site promised 11% returns for the first two years.
Funding acquisitions
But investigators said that “these guaranteed returns were paid to investors from the original investments rather than income generated by the car parks”.
Approximately £2m raised from investments in the Lode Hill site was used to part-fund the acquisition of the Harbour Road site without the knowledge of the Lode Hill investors.
Investors in the Lode Hill site were also led to believe they would acquire long leasehold titles to their property.
However, Drake Estates “could not fulfil this as there was a unilateral notice against the property”, the Insolvency Service said.
Misleading claims
Insolvency Service added: “The companies made misleading claims in their sales brochures and marketing materials. Documents claimed that the sites were already generating yields of 8% and failed to make clear that the companies did not own the sites when initial sales were made.
“Investors were also misled into believing that planning permission had been granted for the Lode Hill site and that their funds would be specifically used to buy a parking space.
“However, 50% of their investments were used to fund commission and other charges by the companies and no development activity has been undertaken to convert the Lode Hill site into a ‘state of the art’ car park that investors were led to expect.”
Petitions
The winding up petitions were presented against both companies in June 2020.
The court said that they had “operated with a lack of commercial probity and with a lack of transparency, as well as failing to fully cooperate with the investigation and failing to maintain and deliver financial information to the investigators”.
The Official Receiver was appointed as liquidator of the companies.
On 9 July 2020, Paul Allen and Chad Griffin of FRP Advisory Trading were appointed as joint liquidators.
David Hope, chief investigator for the Insolvency Service, said: “These two companies unscrupulously secured millions of pounds worth of investments from members of the public using misleading sales tactics.
“The court rightly recognised the potential damage done to investors by Aston Darby Group Limited and Drake Estates Property Company Limited selling a flawed business model and has acted swiftly to shut the companies down.”
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