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Messages - marxman

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The signage is not capable of forming a contract with a driver who does not hold and display a valid permit, because it makes no contractual offer of parking to such a driver.

The sign is framed in prohibitive terms: “CUSTOMERS ONLY” and “PRIVATE LAND, PERMIT HOLDERS ONLY”, with an instruction that a “valid permit must be obtained from shop and displayed”. Those words do not offer parking on terms to the general public. They define a closed class of authorised users and exclude everyone else. A person who is excluded cannot accept an offer that is not made to them. In those circumstances there is no “agreement” capable of being formed by conduct, and no contractual charge can arise.

Although the sign also contains a clause stating that if a vehicle “remains” or “fails to comply” the motorist agrees to pay £100, that wording does not convert a prohibition into a contractual licence. Properly construed, the sign is “no unauthorised parking”. The legal consequence of an unauthorised vehicle being left on private land is, at most, trespass. Any remedy for trespass lies with a landowner (or a party with a proprietary interest), and it is not a contractual “parking charge” owed to a parking contractor.

Further, the allegation itself (“not clearly displaying a permit”) presupposes that the driver was entitled to park on the basis of a permit but failed to display it properly. That is a fundamentally different case from “unauthorised parking”. If the operator’s case is that the driver had no valid permit on display, then by the operator’s own signage the driver fell outside the class of authorised users (“permit holders only”), meaning no contract could have been formed in the first place. The allegation therefore supports the defence: it points away from any contractual relationship and towards a bare allegation of unauthorised presence, which cannot give rise to a contractual sum.

Accordingly, even leaving aside the absence of Keeper liability, the claim fails on formation. The sign is forbidding to non-permit holders, no contract was available to be accepted by them, and the asserted “parking charge” is not a recoverable contractual debt.

Thanks so much @b789, that's immensely helpful. Should I appeal? or just let it be? I believe I shouldn't do anything else unless I receive some new post.

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There can be no Keeper liability as long as the driver is not identified. Not that that will stop them pushing on up to the point where they have to pay a £27 trial fee in a county court claim which point they will discontinue.

However, to also strengthen any defence, it would be advisable to show us one of their contractual signs with the terms and conditions of parking on it.

I had parked on where the black car is.

Attached are photos of closeup notice:
1. https://i.postimg.cc/d1b46841/PXL_20251219_145504318_MP.jpg
2. https://i.postimg.cc/tTK2kh2q/PXL_20251219_145521157.jpg

Looking forward to hearing from you.
Kind regards.

4
Hi FTLA,

The driver parked on a bay at 8:26PM on the 6th of December, 2026 and received a `Parking Charge`.

Apparently, no permit is what is cited. I, the registered keeper, received the PCN on the 15th of December while the date of letter is 9th of December.

Attached are the photos: https://i.postimg.cc/QxCmWBY1/PCN-6-December-2025-2-1.jpg
Link to the Google Street Maps: https://maps.app.goo.gl/QjRYoT6xYqR4kBR27

Do I stand any chance?

Thank you and kind regards.

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Yes it's my car. Thanks for the info. I've paid the parking fine now. I thought I could deflect based on the photos. Thanks for the advice. Much appreciated

6
There could be other cars with the same colour. But the photo doesn't suggest it's my car. My car has the same colour. Should I appeal based on this? What should I email?

Thanks so much!

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Hi,

I had added embedded images but it somehow doesn't show in the post. could you please check again I've added link to the imgur.

8
Hi Ftla,

I received a PCN saying that the car was parked in a disable bay area however the pictures doesn't show that my car (with reg) was actually parked in the disable bay area. What should I do? link to the images

Link to the PCN






9
I've replied back with that response not only to that lady, but also CC'd the `info@dcblegal.co.uk`. Thanks so much <3

10
Hi, this is the response I received from them (3 days ago):

Dear JohnDoe,

We write in response to correspondence received in our office dated 14th June  2025. 

                     

We have made a record of the contents of your correspondence and noted this on your file accordingly. 


Prior to the issue of the parking charge, our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address (xxxxxx) were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your new address was located and as such the Letter of Claim was issued to you at the traced address (yyyyyy).



Our client took reasonable steps to identify you and your correct address; but it is ultimately your responsibility as the vehicles registered keeper, to update the DVLA of any changes to your registered address through the use of your vehicles V5.

Further to the above the notices referenced asked you to either make payment or, if you were not driving, nominate a driver by providing their name and full address. You did neither and as such you are now pursued on the basis that you were driving. On the balance of probabilities, if you were not the driver, you would have nominated

The parking charge was not affixed to the vehicle because our client utilises Automatic Number Plate Recognition (“ANPR”) technology on the land where the parking charge was issued in order to manage the parking. This means that cameras capable of accurately recognising the vehicle registration number of a vehicle are constantly monitoring the entrance and exit to the land.  A photograph is taken of each vehicle as it enters and exits the land. Any vehicle found to have breached the terms of parking will be issued with a parking charge via the post.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. The breach in contract would make you liable for a parking charge.   

The signage on site, is erected in line with our Clients regulators (BPA) in order to allow a reasonable driver to be notified of the terms and conditions operating on the site prior to them parking their vehicle. As such the signage on site, is sufficient given the size and capacity of the car park. 

The terms and conditions on the signs stated that a maximum stay term was operating on the land and remaining in excess of the same, would result in a parking charge being issued. The vehicle was recorded on the land in excess of the maximum time permitted and as such the parking charge was issued correctly.

You should always be vigilant when entering any land that you are not familiar with or that you know is privately owned and there are parking terms in place. As the driver of the vehicle it is your responsibility at all material times to ensure you understand the terms and conditions operating on the land prior to exiting your vehicle. Furthermore, it is your responsibility to ensure that you have read and understood the terms operating prior to parking your vehicle. 

The Notice to Keeper was issued to you on 3rd January 2025. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.


The Reminder Notice was issued to you on 3rd February 2025. This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.

If there are any documents that you have requested, but that are not enclosed with this letter, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful.

However, In light of the above, I can confirm that our client would be agreeable to settle this matter in the parameters outlined below.


*WITHOUT PREJUDICE*

In relation to the above matter.

I can confirm our Client would be agreeable to £85.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.   

Should you be agreeable to this offer, please confirm the same within 30 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:
 

Account Name: DCB Legal Ltd Client Account  

 

Sort Code: xxxxxx

  

Account no: yyyyyy

   

When making payment please ensure you include the following reference number, 7xxxxxxxxxxxTPS, to enable us to allocate it to the correct case.    

 

If you are not agreeable, we may continue to follow the Court process as normal.

We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk.



Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Kind Regards,

Jane Doe,
Administration Associate

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11
Hi All,

Today I received the mail from `DCB Legal` which is different than `DCBL` from the previous mails.
I have attached the document. Could you please advise if there is anything I should do at this point?

Kindestest regards.

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Thank you b789, I'll follow that.

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Hi Guys,

I received a new mail from DCBL today. I'll ignore this. Just adding this here for the record.

However, I sent the email to the DPO@TPS and they have acknowledged the change on their system (apparently).
And, regarding SAR: is that the comment from b789 [on March 21, 2025, 05:44:52 pm](https://www.ftla.uk/private-parking-tickets/dcbl-parking-charge-nightmare-wrong-address-escalated-fee!/msg63660/#msg63660) ? I've sent this to the DPO@TPS.

If that's not the SAR (subject access request) could you please tell me who to send it to? (DCBL or TPS)?

Kind regards.

For clarity, was this recent DCBL  ̷s̷c̷a̷m̷.̷  letter sent to your current address?

Yes that's the latest.

14
Hi Guys,

I received a new mail from DCBL today. I'll ignore this. Just adding this here for the record.

However, I sent the email to the DPO@TPS and they have acknowledged the change on their system (apparently).
And, regarding SAR: is that the comment from b789 [on March 21, 2025, 05:44:52 pm](https://www.ftla.uk/private-parking-tickets/dcbl-parking-charge-nightmare-wrong-address-escalated-fee!/msg63660/#msg63660) ? I've sent this to the DPO@TPS.

If that's not the SAR (subject access request) could you please tell me who to send it to? (DCBL or TPS)?

Kind regards.

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hi, I've sent the SAR to them. Regarding original post, I do not have the rights to modify I believe; could you please help me out?

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