DCB Legal over £1000 fine on own parking spot

Coupon-mad

If you are better placed to research and handle a court claim, of course mum must quickly reply (NOT BY PHONE) giving your full name and address as driver for all seven PCNs.  She does this by email to DCBLegal, there are loads of email addresses that start with the first name of people who work there, e.g. Paul@ and danielle@ have worked before.

Then you respond when they write to you and ask for evidence of all of them and show them your proof of primacy of contract.   Yours to defend, mum out of the equation which CANNOT be done if mum lets them issue a claim.

Le_Kirk

Deezo said:

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 (1) 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 (2) and they are fining her for something she didn't do?

(1) Presume your Mother has submitted a SAR to obtain the PCN, what about the claim form, does it not give you any clues?
(2) That works fine if the PPC failed POFA; check the wording on the PCN(s) that your Mother received and didn't throw away! and see if it complies.   If not, the keeper has more protection than the driver and cannot be held liable for the actions of the driver.  

Umkomaas

When do these PCNs range from/to?

Are DCBL chasing on behalf of T Szmidt T/A Capital Car Park Control, or, alternatively on behalf of just Capital Car Park Control Ltd? You will know there's been some dodging and weaving about the company names in play. 

Deezo

Le_Kirk said:

Deezo said:

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 (1) 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 (2) and they are fining her for something she didn't do?

(1) Presume your Mother has submitted a SAR to obtain the PCN, what about the claim form, does it not give you any clues?
(2) That works fine if the PPC failed POFA; check the wording on the PCN(s) that your Mother received and didn't throw away! and see if it complies.   If not, the keeper has more protection than the driver and cannot be held liable for the actions of the driver.  

Attaching the claim form (or Letter of Claim?) for more information. Redacted what I think might be used to identify us (including the exact amount requested)

We haven't obtained SAR yet, I can't find the option to request it on their site. Anyone able to link me to where I can send it?

I don't think we're in a place to confirm POFA or not; these PCN came near 2 years ago and doubt she would have kept them  

Le_Kirk said:

If not, the keeper has more protection than the driver and cannot be held liable for the actions of the driver.  

So should I transfer to my name then? If keeping it in her name gives her more defence then sounds like I should keep it that way?

Coupon-mad said:

If you are better placed to research and handle a court claim, of course mum must quickly reply (NOT BY PHONE) giving your full name and address as driver for all seven PCNs.  She does this by email to DCBLegal, there are loads of email addresses that start with the first name of people who work there, e.g. Paul@ and danielle@ have worked before.

Then you respond when they write to you and ask for evidence of all of them and show them your proof of primacy of contract.   Yours to defend, mum out of the equation which CANNOT be done if mum lets them issue a claim.

I'm happy to defend both myself and Mum so whichever route is best?
Thanks. 

Coupon-mad

You can’t defend yourself and mum.  She would be the defendant if she leaves this.

Deezo

Umkomaas said:

When do these PCNs range from/to?

Are DCBL chasing on behalf of T Szmidt T/A Capital Car Park Control, or, alternatively on behalf of just Capital Car Park Control Ltd? You will know there's been some dodging and weaving about the company names in play. 

Definitely Terry Szmidt T/A Capital Car Park Control
PCN for one is 2017 (the 7th) and the rest range between Dec 2018 and May 2019

Deezo

Coupon-mad said:

If you are better placed to research and handle a court claim, of course mum must quickly reply (NOT BY PHONE) giving your full name and address as driver for all seven PCNs.  She does this by email to DCBLegal, there are loads of email addresses that start with the first name of people who work there, e.g. Paul@ and danielle@ have worked before.

Then you respond when they write to you and ask for evidence of all of them and show them your proof of primacy of contract.   Yours to defend, mum out of the equation which CANNOT be done if mum lets them issue a claim.

They have a reply form here: https://dcblegal.co.uk/response/reply-form/

Should I use this to transfer to my name? What is Proof of Primacy of Contract here? 

Thanks

Umkomaas

He was operating as a sole trader, and is no longer doing so. I'm not a legal expert, but I've read that once a sole trader has ceased to trade he cannot pursue claims for debts allegedly owed to the former business. Try to check that out. 

Castle

Umkomaas said:

He was operating as a sole trader, and is no longer doing so. I'm not a legal expert, but I've read that once a sole trader has ceased to trade he cannot pursue claims for debts allegedly owed to the former business. Try to check that out. 

He can still pursue claims, (although he may have a problem with the tax man if he told them he has ceased trading).

However the good news is that he can still be sued as he continues to have personal liability and some of his signs and paperwork are unlawful, as his name doesn't appear on them

Coupon-mad

Deezo said:

Coupon-mad said:

If you are better placed to research and handle a court claim, of course mum must quickly reply (NOT BY PHONE) giving your full name and address as driver for all seven PCNs.  She does this by email to DCBLegal, there are loads of email addresses that start with the first name of people who work there, e.g. Paul@ and danielle@ have worked before.

Then you respond when they write to you and ask for evidence of all of them and show them your proof of primacy of contract.   Yours to defend, mum out of the equation which CANNOT be done if mum lets them issue a claim.

They have a reply form here: https://dcblegal.co.uk/response/reply-form/

Should I use this to transfer to my name? 

Thanks

You can't respond, Mum must.  We've made this clear, 

The keeper transfers liability by giving your name and address as driver for ALL seven PCNs, referencing all of them so none are missed.  She can use their stupid reply form if you want, makes no odds.

What is Proof of Primacy of Contract here? 

You've been told what that means by someone before me, and there are shedloads of residential threads you could read about it, and this too:

http://parking-prankster.blogspot.com/2016/11/residential-parking.html