DCB legal PCN for parking on my own property

Tentative12

I am the leaseholder of a parking space, I never received an updated permit in March 2023 and to be honest forgot all about it. In February 2025 I received a total of 8 PCNs whilst I was on holiday. I appealed the PCNs to IAS stating that I'm the leaseholder, my vehicle should be whitelisted as I provided my reg number to the management company, and I had not recieved an updated permit in years. My appeals were rejected on the grounds that although my lease has primacy of contract I previously participated in the scheme by admitting to having the permit showing prior to 2023 and it's my responsibility to have a permit showing. I ignored all the debt collectors letters, but I now have a letter of claim from dcb legal. There has been no consolidation of the PCNs, they're all separate so this only relates to one of them which is now £170. I'm loathed to pay the fee when they never sent me an updated permit, my vehicle should be whitelisted, and they're clearly not doing their job monitoring the space if it took 2 years for me to receive a PCN. Also, to receive one every day when it would obviously take time to receive a new permit is ridiculous. If I hadn't of admitted to previously showing a permit as the leaseholder I think it would have just been scrapped, but obviously I have no idea what I'm doing! It would be great to get some advice on how to respond to the letter of claim so I dont put my foot in my mouth again.

Gr1pr

Dcb legal dont issue pcns,  parking companies do, so who issued them  ?

Study the terms and conditions regarding your responsibilities,  if any, in your lease , ideally copy and paste them below,  especially if you have primacy of contract or similar 

Try to get the management company to cancel them ASAP,  regardless , so plan A in the newbies sticky thread in announcements 

Do you have a  permit now  ?  Or do you not have to display a permit for your bay  ?

They should issue one LoC and claim for ALL outstanding invoices 


Email the LoC response to DCB Legal as posted today by doubledotcom in the following thread 

https://forums.moneysavingexpert.com/discussion/6618794/should-we-advice-users-to-reply-to-an-lbc#latest

Car1980

My appeals were rejected on the grounds that although my lease has primacy of contract I previously participated in the scheme

So, an admission that they have no right to issue the invoices.

Whether you previously "participated" is of no relevance. Whether you voluntarily displayed to the world and the passing postman that you had premacy of contract or didn't fancy doing so that day is of no consequence.

it's my responsibility to have a permit showing

Their admission literally states you don't.

Tentative12

Thanks @Car1980. This is what the IAS said "The Appellant claims to have rights under their contract/lease. The Appellant is correct that a right in a lease would ordinarily have primacy, and the Operator could not unilaterally override this. however, by agreeing to display a permit and take part in the car park management scheme, which the Appellant accepts that she did previously, the Appellant has waived any rights they had to park without restriction."
 So my lease has primacy of contract still and I'm not obligated to display a permit? Is there an section of the law or any case law i can quote in a response to the claim to this effect?

Tentative12

Gr1pr said:

Dcb legal dont issue pcns,  parking companies do, so who issued them  ?

Study the terms and conditions regarding your responsibilities,  if any, in your lease , ideally copy and paste them below,  especially if you have primacy of contract or similar 

Try to get the management company to cancel them ASAP,  regardless , so plan A in the newbies sticky thread in announcements 

Do you have a  permit now  ?  Or do you not have to display a permit for your bay  ?

They should issue one LoC and claim for ALL outstanding invoices 


Email the LoC response to DCB Legal as posted today by doubledotcom in the following thread 

https://forums.moneysavingexpert.com/discussion/6618794/should-we-advice-users-to-reply-to-an-lbc#latest

The PCNs are issued by Excel Parking Services Limited. 

I have done all of these things.

There are no T&Cs regarding parking in my lease.

The management company said I was aware of the T&Cs visible on the signage in the parking garage and that the parking company has no obligation to cancel the PCNs. 

I've always "had" a permit. I'm entitled to park in the space as I am the leaseholder of the parking space and have not further obligation under the lease other than to pay service charges and ground rent. I just didn't have a valid permit on display as they never sent an updated one. I do have one on now, as they were issuing me £100 PCNs daily. 

All other PCNs are still with debt collectors so DBL legal probably won't consolidate them until they get instructions to file a claim for them. Would it be beneficial to ask in a response to the claim in any case?

James_Poisson

Tentative12 said:

Thanks @Car1980. This is what the IAS said "The Appellant claims to have rights under their contract/lease. The Appellant is correct that a right in a lease would ordinarily have primacy, and the Operator could not unilaterally override this. however, by agreeing to display a permit and take part in the car park management scheme, which the Appellant accepts that she did previously, the Appellant has waived any rights they had to park without restriction."
 So my lease has primacy of contract still and I'm not obligated to display a permit? Is there an section of the law or any case law i can quote in a response to the claim to this effect?

That is just them making something up to suit, the IAS which is overseen by the same person that also runs the IPC has openly bragged to prospective members that his appeals service turns down over 95% of cases.

This is just one example of them making it up as they go along your argument against that could be that you displayed a permit to help them as a courtesy not that you joined any scheme.

If they did not automatically renew the permit (and these are the organisations that brag about their superior systems, ANPR technology, synchronised IT systems etc.etc) then the PPC are at fault.

In addition to which you have to question what exactly they are doing on site, their purpose is surely to manage and protect your space from being taken by others, the appeals format is suppose to give you the opportunity to prove that you were parked legitimately in your spot, and cancel their fake charge.

Their system, records and attendant would know that, from years of historical data, or would they admit that they are in fact just using your space just to make a profit at your expense.  

Coupon-mad

Tentative12 said:

Gr1pr said:

Dcb legal dont issue pcns,  parking companies do, so who issued them  ?

Study the terms and conditions regarding your responsibilities,  if any, in your lease , ideally copy and paste them below,  especially if you have primacy of contract or similar 

Try to get the management company to cancel them ASAP,  regardless , so plan A in the newbies sticky thread in announcements 

Do you have a  permit now  ?  Or do you not have to display a permit for your bay  ?

They should issue one LoC and claim for ALL outstanding invoices 


Email the LoC response to DCB Legal as posted today by doubledotcom in the following thread 

https://forums.moneysavingexpert.com/discussion/6618794/should-we-advice-users-to-reply-to-an-lbc#latest

The PCNs are issued by Excel Parking Services Limited. 

I have done all of these things.

There are no T&Cs regarding parking in my lease.

The management company said I was aware of the T&Cs visible on the signage in the parking garage and that the parking company has no obligation to cancel the PCNs. 

I've always "had" a permit. I'm entitled to park in the space as I am the leaseholder of the parking space and have not further obligation under the lease other than to pay service charges and ground rent. I just didn't have a valid permit on display as they never sent an updated one. I do have one on now, as they were issuing me £100 PCNs daily. 

All other PCNs are still with debt collectors so DBL legal probably won't consolidate them until they get instructions to file a claim for them. Would it be beneficial to ask in a response to the claim in any case?

Let the claim happen for one PCN only.

Do not ask for consolidation. Better to handle one easy claim at a time, then the others are estopped.

We've seen that exact IAS decision before and I laughed so much that I used it as evidence to the MHCLG, to show how biased* and incompetent I believe the IAS to be:

https://forums.moneysavingexpert.com/discussion/6535467/i-received-multiple-tickets-from-parking-property-management-ltd-on-my-own-parking-spot/p3

See also the Duchess of Bedford House case that I linked there. A landmark case. Read it,

Now, you must use your IAS decision to also tell the MHCLG how appalling the IAS is. This is your one chance to make a difference in future and help kick out the IAS.

You are the leasehold owner of that space, for the love of God! You didn't give them permission to run your space as a commercial car park, offering it to all-comers at £100 per day! That is what Excel have been doing on the signage.

Of course you didn't 'waive your rights' due to some clueless idiot in 2023 (of earlier) telling you 'please display this pointless piece of paper'!

And like I said: your chance to change things is NOW.

if you want to be part of the push to change things in future, it's very important that people like you tell the Government NOW that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 *almost* promised. As long as it is fully independent and impartial (and there must be only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND ENGINEERING A 'PAYMENT PLAN'.

c). Tell them about your experience and the fact you are the leasehold owner yet DCB Legal /Excel want to sue you anyway (several times over, all separate cases) because the IAS has paved the way with their appalling biased* trash which ignores the reality in law. 

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month or in August at the latest pleeease! We will discuss it on that thread.


(*my opinion and in the public interest).

P.S. please screenshot the IAS decision. Not copy & paste please. A screenshot.