DCB Legal over £1000 fine on own parking spot

Deezo

Hi guys,

So previously I've made a thread about a court claim here: https://forums.moneysavingexpert.com/discussion/6107720/court-claims-for-leased-spot-but-wrong-driver-named/p1

And followed the instructions. We've had a few letters from the court itself, the last one with a copy of a letter saying "if the claimant doesn't respond by 8th August 2021 then the case will be dismissed". Now we still haven't heard anything, but earlier this month we received a Letter of Claim from DCB Legal for over £1000; 7 PCNs. 

Now the first 6 are all for the parking sport that I rent out, and the issue is that my concierge gave me the wrong parking permit (they gave me one for the carpark across the road).

Points:

- PCN was given to me on my own RENTED parking spot - I have a contract for this spot
- Permit was incorrectly given by the concierge
- Mother is Registered Keeper, I am the Driver (she lives in another address)
- DCB Legal is acting for Terry Szmidt T/A Capital Car Park Control. 
- Letter of Claim is dated 6th July, with 30 days date of the letter to reply or pay

So, my questions:

- Has a court case ever gone as far as the previous one and then just dropped? And handed over to DCB? Or is this another court case I need to fight on top of the previous?
- Should I respond to DCB saying that this was an error from my concierge? Should I get an email from Concierge to confirm this mistake? Will it help?
- Should I respond to DCB at all? The letter was dated 6th July (I know it's a bit late, this post, but my mum, the registered keeper, doesn't bloody open her letters in good time)

If anyone can help with next steps that would be great.

Thanks
D

Jenni_D

Does the rental contract require a permit to be displayed?

Deezo

So the lease states the following:
"To observe any rules and regulations which the Licensor makes and notifies to the Licensee from time to time governing the Licensee's use of the Car Park. Including any rules and regulations displayed by way of signage which the Licensor deem necessary for the control or management of the car parking. Any breach of such rules or regulations by the Licensee shall be deemed to be a breach of the licence agreement"

D_P_Dance

Why have you started a second thread?  

KeithP

D_P_Dance said:

Why have you started a second thread?  

The answer to that is probably...

because MSE has closed the original thread.

Deezo

That court claim was from last year, this one is a new one so didnt know what the procedure was. And plus, its closed  

Castle

Your mum, (the RK), still has time to transfer liability.

Jenni_D

You did right ... one thread per incident.

Deezo

Thank you! 

Your mum, (the RK), still has time to transfer liability.

What does this mean? Why would I want to do this?

Jenni_D

It would mean that any action against her would be avoided and it would all go to you instead. YOU then (probably) have primacy of contract to fall back on to make this go away, but I'll let others give their considered opinions.  

(Get that confirmation from the concierge anyway ... this adds another element to the mix [frustration of contract?] to refute the first 6 PCNs).

PS - what's the 7th PCN about?

Deezo

the 7th is one for the road outside, which I dont remember at all. I know why I would park there as I've had my space since I moved in. But since I dont have the evidence or the original PCN, I don't know where I stand with that.

As for transferring liability, from previous reading, I was under the assumption that this is a point I could use to my advantage, that she is registered keeper and they are fining her for something she didn't do?