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PCN Stopping in a yellow box junction (Crystal Palace Parade/Bus Garage, Bromley Council)

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#16
They have amended their PCN:

This is correct:

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

However, they cannot take steps to enforce the increased charge until 28 days from the date of service:



Charge certificates
5(1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

(b)where such representations are made and a notice of rejection is served by the enforcing authority and no appeal against the notice of rejection is made with the date on which the period within which an appeal could have been made expires; or

****

I'll draft a collateral challenge tomorrow. Please prod me as I am super busy.

I make these formal representations against the PCN.

1. The alleged infraction is de minimis.

2  I make this collateral challenge regarding the validity of the PCN:

   The council cannot "take steps to enforce recovery of the increased charge" until 28      days from the date of service of the PCN as provided at Para 5 ff. of

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted

Charge certificates

5(1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;


(b)where such representations are made and a notice of rejection is served by the enforcing authority and no appeal against the notice of rejection is made with the date on which the period within which an appeal could have been made expires; or

***************

BEFORE you do this please screenshot the representations page.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
#18
 ;D Please keep us posted. This will be an interesting one.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
#20
At the risk of repeating myself, how do Bromley know there was a stationary vehicle blocking the exit? The video does not show which exit was selected by the driver, nor does it show any blockage in two of the three exit lanes as these are obscured by the bus.

I feel it would be a good idea to include this point in any appeal as well as the technical arguments advanced thus far.
#21
At the risk of muddying the waters (so please ignore me if so!), the descriptor is wrong in that it's a bus station rather than a bus garage...but that could also work in your favour as there has been a ruling in the past that yellow boxes are not to be used at the entrances/exits of bus garages.

Yellow box PCN - things to check for the box
Yellow Box Guru · yellowboxes.co.uk
#23
PM received. Cannot access he NOR.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
#25
PM received. I would file your appeal TODAY.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"