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Hello, I would greatly appreciate some clarification on the following please.

I received a PCN from Greenwich Council alleging contravention 31J – Entering and stopping in a box junction when prohibited on 27/04/2024.

The vehicle is on a 6-month lease to me.
The lease company emailed me an admin fee invoice on 14/05/2024 which stated the PCN number which I used to view the alleged contravention and hoped the council would not send me a PCN in my name!

However, the council promptly sent me a PCN dated 24/05/2024 in my name to my address.

Pages of PCN
https://imgur.com/a/OxVUGUd

Video
https://imgur.com/a/mn6iTUE

I have read other posts on this forum and just want to ensure I have understood correctly.

I should now email the lease company and ask if they have received correspondence from the council since requesting a transfer of liability.

If the lease company reply that they have not received correspondence, i.e. the council have not sent them a notice of acceptance, there was no power to serve a further penalty charge on me and I should make representations to the council stating this.

If the lease company reply that they have received correspondence, I could make representations stating other grounds which may apply.

The vehicle stopped for around 4 seconds – is this de minimis and grounds for “there was no contravention of a prescribed order or failure to comply with an indication”?

Apologies if I have misunderstood and thank you for your time and help.

Thank you for the reply.

Hopefully, I won't need to go down the route of a de miminis argument as the council may not have sent the leasing company a notice of acceptance and I can make reps on this basis.

Am I right in saying this?

Thank you

Thank you for your reply and kind words, I was only able to understand what was required because of all the invaluable expert advice on here 

These are the terms and conditions of my lease agreement:
https://imgur.com/a/K4TiWPK


This is a draft representation – it’s very short and probably not sufficient but I'm not sure how much I should and should not say!

"Dear Sir/Madam,

The alleged contravention is de minimis, i.e. too trivial to enforce and insignificant enough to be classed legally inconsequential.

Therefore, I request that the PCN be cancelled.

Yours faithfully"
 

Also, I forgot to mention in my first post that the PCN states the location as Plumstead Common Road which is a long road with at least 1 other yellow box junction.

Should I point out that the PCN does not refer to the specific junction as from reading other posts on the forum, it seems that accuracy of location can be an important factor?

Many thanks

Ok, thank you, I shall send that representation to the council.

I apologise for not understanding, but could you please clarify what you mean by you don't think the transfer of liability will stand up to scrutiny?

Many thanks

Thank you for clarifying and that’s great news.

Coincidentally (and unsurprisingly), I have received the council’s NoR this morning.

Pages of NoR (minus the Tribunal appeal pages which accompanied it)
https://imgur.com/a/UphMCEZ

Paragraph 4 of the NoR - the council have written that I stated in correspondence that I was “slowly rolling forward whilst in the box junction”.
This is a complete fabrication as my representation was exactly as the draft in my reply #4 above which was "The alleged contravention is de minimis, i.e. too trivial to enforce and insignificant enough to be classed legally inconsequential. Therefore, I request that the PCN be cancelled."

I have now looked through other similar posts to try and write a draft appeal but can’t piece all the information together to do so, therefore I would greatly appreciate your further help.

Many thanks