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Messages - FaeLLe

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1
Is a Traffic Order that just states "all GLA roads" make it valid? Like parking management traffic orders do they not need to name the roads specifically?

With regards to signange, the 20mph sign seems to be after the camera.

30mpg sign before the camera.


I will go check what the actual signage says though today.

Can someone please advice if the content of this 'Traffic Order' would be considered sufficient to make this order / offence binding?
Yes, why wouldn't it?

20mph signage in place too - Here.

2
My partner was found doing 24 in a 20 mph zone; a 'National Speed Awareness Course' has been offered or in the alternate, accepting the PCN of £100 and accepting 3 penalty points.

However, it seems the location under discussion was previously a 30mph zone which is now made into a 20mph zone through a 'Traffic Order'. According to a news article the relevant Traffic Order is GLA Roads and GLA Side Roads (London Borough of Southwark) (20 mph Speed Limit) Order 2023.

Can someone please advice if the content of this 'Traffic Order' would be considered sufficient to make this order / offence binding?
This speed camera can be located in the Met police disclosure for FOI by searching for 4464: https://www.met.police.uk/foi-ai/metropolitan-police/disclosure-2023/july-2023/locations-speed-traffic-cameras/

Location of speed camera: A201 New Kent Rd nr Searles Rd W/B SE1 (4464).

3
@b789 PPM Ltd responded with the below letter. Should we,

(1) correspond directly with BW LEGAL using the email template you previously provided (requoted below)

(2) Should we also write back to PPM Ltd and state that they have not addressed any of the points in our previous email to them and still expect a response; reiterating that they have broken their terms of agreement with PCM to issue a PCN and are additionally going to file a legal complaint to trading standards u else they cease and desist PCN enforcement?

Respond to BW Legal LoC with the following:

Quote
Dear Sirs,

Re: Letter of Claim dated 24th March 2025

I refer to your Letter of Claim.

I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with data protection obligations:

[YOUR ADDRESS]

Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.

I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.

Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:

1. Does the additional £120 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.

2. Regarding the principal sum of the alleged Parking Charge Notices (PCNs): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?

I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications. By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC. Such mendacious conduct raises serious questions about the legality and ethics of your practices.

I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.

Yours faithfully,


[YOUR NAME]


Email from PPM Ltd along with the previous appeal tejection attached to the email is below.


4
The council TMO map shows it is a permit parking area (green shaded area.ahove is permitnparking TS zone as per Southwark Council).

I can search for a Section 6C agreement to see if the council has taken over management of this area as well.

Is there any argument of TMO map showing it is controlled.parkingas per council which gives them the right to park their with a valid council permit?

5
One final query from me. Could the appeal for this PCN simply be that the alleged site of contravention is not considered 'Relevant Land' because parking conditions are regulated by the Local Authority under a Traffic Management Order (TMO) and is classified as 'Controlled Parking Zone' for which the RK had a valid permit?




6
I find it so annoying that we cannot do anything to hold ridiculous individuals and (apparently) independent adjudication forums like POPLA and IAS accountable.

7
...but the driver took the same entry and exit.

But which ones? Your plan marks entrances and exits identically.

Sorry, revisiting the post I understand your concern and query now.

It is not a one way system. So literally entered and exited from the same place. To help illustrate I have provided the two links below.

So i would say they entered from here: https://w3w.co/leads.define.lost
Exited from here:
https://w3w.co/wounds.shower.boom

8
So, in other words, as the tenant, there is no obligation on you to display any permit and the parking company has no legal right to impose any conditions on your parking, as long as it is in your demised space.

Remind me... was this in your demised space?

There is no stipulated or designated parking space (nominated or assigned) as per the tenancy contract. They are entitled to apply for a permit but the landlord was not aware of any formalities.

They did have a permit from the council to park on Cadet Drive and due to lack of clear signage they did not know where the (alleged) private parking space started which requires a separate permit.

9
The following also listed as Landlords Obligations in the Tenancy Contract,

Quote
18.12 To comply with all the obligations imposed upon the Landlord by a Superior Landlord if the Property is held under a Superior Lease. 18.13 To take all reasonable steps to ensure that the Superior Landlord complies with the obligations of the Superior Lease.

10
Should the RK still write to BW LEGAL as per your suggestion above (querying charges).

There is a clause such as the below,

Quote
15 Head Lease 15.1 To comply with the obligations of the Head Lease.
This is the only thing about parking in the tenancy contract.

11
There's your fatal mistake where you admitted being the driver:


This is a neighbour I am helping out. They just filled in the form generically and did not consult me till the form was completed.

Is there any recovery?

12
Was the formal complaint sent to PPM? What was their response? Does the Keeper have any contemporaneous photos of that entrance sign either obscured by foliage or in the damaged condition as shown in other photos?

No response from PPM yet.

They have evidence of pictures as shown here along with an independent witness a neighbour who will certify that the signs have been in these manner prior to PCN having been issued.

https://imgur.com/a/A9sUkFg

Does this change anything? My previous post above also shows their initial appeal.

13
OP, where's the RK's first 'appeal', we need to know what's already been conceded.


RED X marks the entry and exit of the private parking area

Sorry, but hardly useful because GSV suggests these are entrances and exits. As you want to draw attention to a broken sign then we need to know its relevance and which entrance(s) were actually used?

There is an entrance and sxit possible from both ends of the offstreet parking but the driver took the same entry and exit.

Please let me know if I understood the query correctly.

As regards where the RK is - providing that they have not conceded who was driving on each* occasion- this suffices IMO:

I have noted the contents of your refusal to cancel the Notice to Keeper and will advise the driver accordingly. This concludes my involvement in this matter as you are not claiming to have the prospective right to pursue me for any unpaid parking charges.

First appeal sent to them before they spoke to me (this is the same correspondence date quoted in the PCN APPEAL REJECTION) :

Response rejection (the attachment rejection uploaded previously is from the same date):

14
Thanks for the letter and apologies for the delay in response. A few things happened in parallel.

BW LEGAL sent a pre action protocol: https://imgur.com/a/vom4pIX

The RK sent a letter to PPM Ltd as per your advice.
The appeal rejection letter which we didn't share previously can be seen at: https://imgur.com/a/16VSOPt

While the rejection states IAS can be used they did not provide an IAS appeal code. Am i right to think that shouks have been included if we needed to appeal to IAS?

NEXT STEPS: How should we respond to BW LEGAL?

Should we write a simple allegations denied response and attach a letter sent to PPM Ltd.
In the letter should we cease BW LEGAL to cease enforcement of the invalid PCN and ask them to consider the procedural irregularities in parking enforcement followed by their client in the attached letter?

15
The RK appealed at the onset when they received the original PCN (without consulting me), which was refused, but they did not give them an IAS code to appeal. We assumed an IAS code would follow shortly but received a letter from BW Legal (included at the end of this post) demanding payment or threatening to face a Letter of Claim.

What would you advise them to do? Should we write to BW Legal and ask them to contact their client to issue an IAS code since they have not provided one yet?
The sign at entrance is really deficient and was in this manner on the date the PCN was issued.

Answers to some previous questions are below,

This is what the RK's tenancy contract says.


Sign at the entrance of the apartment parking (off Cadet Drive) as below.



---
BW Letter below




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