Author Topic: Bromley Council - Entering and stopping in a box junction, Station Rd/Access Rd Station Car Park, Sidcup  (Read 3560 times)

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No.

If you do not pay the charge then an Order for Recovery would be issued.

IMO you do not have grounds on which to challenge the order legitimately, but a previous comment from at least one other poster suggests you may (as in it would be lawful to do so and make the statement of truth which is required).

But you're not there yet.

Pl post exactly what you sent by way of reps and confirm to the authority your address for all future correspondence in this matter.


No.

If you do not pay the charge then an Order for Recovery would be issued.

IMO you do not have grounds on which to challenge the order legitimately, but a previous comment from at least one other poster suggests you may (as in it would be lawful to do so and make the statement of truth which is required).

But you're not there yet.

Pl post exactly what you sent by way of reps and confirm to the authority your address for all future correspondence in this matter.

So they haven't actually sent me a Notice of Rejection, which may be why I didn't get an appeal notice. They just sent me an enquiry response letter.

This is what I sent. Almost identical to the post further up.:


-----Your Message-----
I should begin by explaining the late appeal for this PCN. The letter was sent to an outdated address. My current residency is elsewhere, and so I was unaware of the PCN until after the 28 day response period had passed. The mail was not forwarded onto me or even mentioned until much later, which was completely out of my control. I get no mail delivered to that address so I am not in the habit of asking for any.
The PCN uses dates based on when the notice was written i.e. 14 and 28 days since, however, this does not account for delivery time, whether or not I might be away for the week on business or holiday and such. Let alone not living there at all. So notice probably should be more related to a confirmation of me becoming aware of it. Recorded or signed delivery or some such procedure.
The document seems to conflate the meanings of writing/sending/creating the notice and when I am personally served the notice in such a way that I am aware of it and have received it. In the last section it mentions 56 days from the date that they receive representations, showing that they understand the difference between something being sent, and something being brought to attention. But it is not precisely clear that receiving the service gets the same respect. So I am currently within the 14 days of being made aware.

This may come under reason to cancel the PCN as the council failed in its duty to ensure it was properly served to me, and so denying me a fair opportunity to challenge it. The late delivery prejudiced me.

Further, the 'date of service' provision in paragraph 1(3) of Schedule 1 to the London Local Authorities Act 2003 (LLAA 2003) does not apply to the payment periods specified by section 4(8)(iii) and (iv) of the LLAA 2003, as it only applies to the authorities' discretion to disregard representations made after the 28 day period. So the payment period is conflated with the appeal period. The law says it is a two working day difference.
All of these things mean that it is unclear when the 14 or 28 days begin and end. Is it when the letter is written, posted, delivered up to two days later, or confirmed received? What if an appeal was made on day 13, but a rejection was received on day 15?

Regarding the incident itself I would also like to include additional explanation. I am usually extremely conscientious of these types of things, e.g. ensuring my vehicle does not overhang yellow lines when my wheels are inside parking spaces etc, so it is shocking to me that I could have made this error. There is even limited parking in the area that I live, and though I, on a daily basis, see other drivers leave their cars on double yellow lines, causing obstructions and/or creating hazards all day without ever being ticketed, I always take the extra time to find a legal place to park.
I understand that the procedure for yellow boxes is to check that your exit is clear before you enter. In the situation I was in, I could see the road ahead. A queue ahead was in place due to traffic lights further up, however it was all still moving but as I approached the lights turned from green to red. From where I was, it seemed that there would be enough room on the opposite side of the yellow box once the traffic had finished crawling towards the red light given the number of cars and the space available on the reasonably long stretch of road. Everything was still moving as I entered. I believe it is generally advised to leave about a metre of space between cars in queues, and as can be seen in the image, the car directly in front of mine seems to be leaving a gap of at least two metres. With multiple cars ahead probably leaving larger than necessary gaps between vehicles, I ended up forced to overlap the box. Stationary vehicles stopped me from moving any further forward, and of course, reversing was not a safe option.
Additionally, the road also splits into two lanes around half way between the yellow box and the lights, so if even one vehicle had gone into the right hand lane, I would have had more than ample space without issue.
There is also a slip of parking spaces directly before the lights, and it is possible that a vehicle was allowed to slip into the queue from there as the traffic slowed down, thereby taking the space I would have occupied.
Reviewing the video, which provides 22 seconds of footage before the stop, we see a silver vehicle moving at some speed pass out of view. It is 6 seconds before the next blue vehicle moves out of view, seemingly speeding up after coming out of the junction. The next vehicle stops in view of the camera, but considering the speed of the previoustwo vehicles, you would assume there was a reasonable amount of space ahead of them, else they should have been slowing rather than accelerating.
Whatever the event, I ended up overlapping the box, with the front section of my car having exited successfully. However, no obstruction was caused, and vehicles were able to easily use the junction without issue, as evidenced by one doing so in the video. According to TfL, the purpose of the box is to keep the junctions clear to avoid traffic jams, and allow free exit and entrance, especially for emergency vehicles. As long as traffic can still flow, and gridlock is prevented, the box junction is effective. Despite my overlap, the junction was not blocked at all.
This is combined with the box itself being somewhat faded and the road ahead being curved and on a hill, potentially affecting the judgement of space available.
While it is safest for the exit to be entirely clear when a vehicle enters the junction, the fact that it is not does not prove a contravention. Other variables can apply and compromise the exit. It also goes without saying that while driving, we usually have to make decisions quite quickly

It could also be argued that the yellow box is too large for the junction. Other similar junctions with wide curved pavements to do not extend the box any further than necessary to provide access to the junction.

The video evidence does not show how long the vehicle was stopped for. It comes to a halt at 22 seconds, and the video ends at 28 seconds without showing the vehicle begin moving again. So only 6 seconds of being stationary are proved. It may have not been much longer before moving on again, even though no obstruction was caused to begin with. The stop was trivial and inconsequential.

I am sure that this will not be relevant to the appeals process but I might also mention that I am simply not in a position to afford this fine. I was made redundant and following that I returned to higher education in order to improve my qualifications and not be made redundant from my industry again. So my current living situation is on a student budget.

So I would like the PCN cancelled for any of the following reasons:
Not correctly delivered. Therefore unenforceable
Unclear and contradictory legislation regarding appeal and payment periods. Therefore unenforceable
Vehicles preventing exit by occupying my space.
De minimis contravention. Box was almost cleared and stopped only for a few seconds. No obstruction was caused at all.
Visibility of the end yellow box being somewhat unclear.
Yellow box being too large for the junction.
Incomplete video.


‐------------

I sent another message asking for a Notice of Appeal and got this email in response, so I'm hoping nothing escalates.:

Thank you for your recent correspondence regarding the above Penalty Charge Notice (PCN).

Your PCN will be held at the current stage and the charge will not increase while we investigate the matter. Our response will be sent by post as soon as possible.                                                                                                                                                                                                                                                                                            Please note that this does not apply if your PCN is at Enforcement Agent (bailiff) stage in which case, you should contact the agent direct.
« Last Edit: August 20, 2025, 10:21:32 pm by Turnspike »

Update. I called them to try and get a Notice of Rejection. They have sent me one and also dropped the fine back to £80. I am now appealing through tribunal. I used basically the same text as above but deleted the section about why the appeal was late.

Steady on. Let's see it please. I am happy to assist with this one at the Tribunal.
« Last Edit: September 16, 2025, 09:37:19 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Love Love x 1 View List

Thank you! This is what I sent:

-------------------------------

The ‘date of service’ Change
appeal provision in paragraph 1(3)
of Schedule 1 to the London
Local Authorities Act 2003
(LLAA 2003) doesn't apply
to the payment periods
specified by section 4(8)(iii)
and (iv) of the LLAA 2003,
as it only applies to the
authorities' discretion to
disregard representations
made after the 28 day
period. The payment period
& appeal period are
conflated. The law says it is
a 2 working day difference.
It is unclear when the 14 or
28 days begin & end.

Regarding the incident itself
I would like to include
explanation. I am usually
extremely conscientious of
these things, e.g. ensuring
my vehicle does not
overhang yellow lines when
parking etc, so it is shocking
to me that I could have
made this error. There is
limited parking in the area
that I live, & though I, on a
daily basis, see other drivers
leave their cars on double
yellow lines, creating
obstructions &/or hazards all
day without ever being
ticketed, I always take the
time to find a legal place to
park.

I understand that the
procedure for yellow boxes
is to check that your exit is
clear before you enter. In the
situation I was in, I could
see the road ahead. A
queue ahead was in place
due to traffic lights further
up, however it was all still
moving but as I approached
the lights turned from green
to red. From where I was, it
seemed that there would be
enough room on the
opposite side of the yellow
box once the traffic had
finished crawling towards
the red light given the
number of cars & the space
available on the reasonably
long stretch of road.
Everything was still moving
as I entered. I believe it is
generally advised to leave
about a metre of space
between cars in queues, &
as can be seen in the
image, the car directly in
front of mine seems to be
leaving a gap of at least 2
metres. With multiple cars
ahead probably leaving
larger than necessary gaps
between vehicles, I ended
up forced to overlap the box.
Stationary vehicles stopped
me from moving any further
forward, & of course,
reversing was not a safe
option.

Also, the road splits into 2
lanes around half way
between the yellow box &
the lights, so if even one
vehicle had gone into the
right hand lane, I would
have had more than ample
space without issue.

There is also a slip of
parking spaces directly
before the lights, & it is
possible that a vehicle was
allowed to slip into the
queue from there as the
traffic slowed down, thereby
taking the space I would
have occupied.

Reviewing the video, which provides 22
seconds of footage before
the stop, we see a silver
vehicle moving at some
speed pass out of view. It is
6 seconds before the next
blue vehicle follows,
seemingly speeding up after
coming out of the junction.
The next vehicle stops in
view of the camera, but
considering the speed of the
previous 2 vehicles, you
would assume there was a
reasonable space ahead of
them, else they should have
been slowing.

The yellow box is too large
for the junction. Other
similar junctions with wide
curved pavements to do not
extend the box any further
than necessary to provide
access to the junction. No
obstruction was caused, &
vehicles were able to easily
use the junction without
issue, as evidenced by one
doing so in the video.
According to TfL, the
purpose of the box is to
keep the junctions clear to
allow free exit & entrance.
As long as traffic can still
flow, and gridlock is
prevented, the box junction
is effective. Despite my
overlap, the junction was not
blocked at all.

So | would like the PCN cancelled for any of the following reasons:

Not correctly delivered. The letter was sent to an outdated address.
Unclear and contradictory
legislation regarding appeal
and payment periods.
Therefore unenforceable.
Vehicles preventing exit by occupying my space.
De minimis contravention. Stopped only for a few
seconds. No obstruction was caused at all.
Visibility of the end yellow box being unclear.
Yellow box being too large.
Incomplete video.

-------------------------------

I also added two photos of yellow boxes that did not extend as far as that one and the TFL definition of what a yellow box is for, to show that I did not prevent its function.

IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Agree Agree x 1 View List


Steady on. Let's see it please. I am happy to assist with this one at the Tribunal.


They have sent me an email saying the hearing will be via teams on 26th January 2026 at 10:15.

PM received. I'll PM you by return.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Sorted. Another wrong reference to TMA!
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Love Love x 1 View List

Sorted. Another wrong reference to TMA!

Sounds great!
Sorry for ignorance. What does that mean?

Sorted. Another wrong reference to TMA!

Sounds great!
Sorry for ignorance. What does that mean?
TMA=Traffic Management Act 2004
Like Like x 1 View List

OP, you've cut off the top of the first page of the NOR. Pl repost in its entirety deleting only your name and address.