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VCS to DCBLtd; POFA queries; Landowner complaint and LBC queries

Hi all,

I have scoured the forum for many hours before deciding to post, but I am a little lost! Currently I have three :# ongoing parking charges for which I am being pestered for, for parking in a private parking area without displaying a permit. So far I have received for all three:
  • VCS (IPC): Parking Charge Notice NTK (that seems to match the POFA wording for VCS) within 14 days
  • VCS (IPC): Final Reminder (similar formatting to NTK, but unsure what this actually means)
  • DCBLtd (BPA): "Letter of Intended Legal Action" (which I understand to be scaremongering, and not to be confused with DCB Legal)
For one of the three, I have also now received an LBC from DCB Legal on behalf of VCS.

I have currently taken no actions on any of these (insert life-related and ADHD-related explanations here).

My queries are as follows:

POFA, IPC and BPA requirements:

If VCS (an IPC member) hands over to DCBLtd (a BPA member):
  1. Can they actually do this? I read in the IPC Code of Conduct that an Operator cannot sell the parking charge to a third-party - would this be in breach of that? (22.2 Operators cannot sell the Parking Charge to a third-party company.) 
    hxxps://irp.cdn-website.com/262226a6/files/uploaded/IPC%20Code%20of%20PracticeV9%20V4.pdf
  2. If they are allowed to do this, which Code of Conduct (BPA or IPC) should I make reference to? Does it switch from one to the other? Or if they are to switch to BPA, that must take priority over IPC and be applied throughout (i.e. backdated to the beginning of the process initiated by VCS under IPC)?
Regarding the signage (may depend on IPC or BPA, but unsure), I have made note of the following and I am wondering if they are relevant for the purpose of disputing these charges, or any claim that arrives:
  1. The signage seems to meet the format specified by IPC CofC, but I think the placement of the signs could be criticised.

    We have a 'vein' of public highway that snakes into the private land on which this parking area is located. It is flanked by parking bays, and ends just before a final pair of parking bays that are separated by an unmarked section of tarmac that serves as access to the final pair of bays.

    Technically, as the public highway ends before that section of access road, they are not split by a public highway. Even so, I think that in general there is not sufficient signage to indicate exactly which areas are public highway (and therefore exempt for the purposes of this parking charge) and which areas are private land requiring a permit. The nearest signs to the bay in which the vehicle was parked are either across the public highway from the bay, or located on a different bay.
  2. The sign does not explicitly state which areas require a permit, or that the permit is for a marked bay.
  3. The marked bays are numbered, with each one being 'tied' to a particular apartment within the premises through a leasehold arrangement. I assume this means the leaseholder of the apartment also owns a leasehold for the parking space (leaseholds seem to exist for the parking spaces). There is no mention of numbering of bays.
Landowner and LBC queries:
  1. I think I am correct in understanding that my recommended actions in the case of all three should be to complain to the landowner. Please could you advise me as to what I should include in this complaint - should I be detailing the technicalities that may make any claims or debt recovery a waste of time (if I have any to note)? Or should I be going down the route of explaining why I think it is unfair, harrassment, etc etc?
  2. For the LBC, am I correct in understanding that (in addition to the landowner complaint) I should follow the guidance in the Newbies thread and use one of the two suggestions/templates for non-POFA or POFA, addressed to DCB Legal? 
  3. If so, I refer you back to my POFA queries, as I would need to be sure if they actually have complied with POFA. I have heard that it is common for notices to seem to comply with POFA but actually they often aren't, and mine seems to be at worst almost compliant, and at best it is compliant entirely. How can I tell if a VCS or DCBLtd notice is compliant? Reminder that I have already looked at the forum examples for VCS, and I can share a redacted version of my own letter if needed.
I hope the long format of this post is actually helpful and not TMI! 

Thanks in advance



Comments

  • Gr1pr
    Gr1pr Posts: 9,222 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    1) they don't sell on alleged debts, not allowed at all, but they can contract with debt collectors,  so you should not be concerned as to which ATA they are in , so no breach occurred, it's ub contracted out, but the alleged debt remains the property of the private parking company 

    2) for historical cases, refer to the correct code of practice in force at the time of the incident and first pcn, unless its recent in which case it's a joint Code of Practice anyway 

    The aim of plan A is to secure a cancellation by any means possible,  but each one is bespoke based on numerous factors that may apply, only you can decide why it should be cancelled 

    Yes you respond to the lawyers LoC using the template 

    Pofa2012 is quite specific as regards pofa liability or not, plus it only applies to the first postal notice from a private parking company,  nothing to do with later letters or lawyers 


  • Coupon-mad
    Coupon-mad Posts: 153,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Respond to the LOC then please please - even though this is stressful - while your cases are quiet, before the end of next week please please do the government's Public Consultation.

    No putting it off. No inserting ADHD excuses here( believe me, I get it). We need every poster to come back & complete this vital Consultation before the deadline.

    See this thread: -

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

    We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law.

    I've written some guidance on that thread. I have covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

    Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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