Author Topic: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street  (Read 1049 times)

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Liverpool City Council
Yellow box junction
Contravention 31J - Entering and Stopping in a Box Junction when prohibited
Location: St Annes Street @ 18:36
(Weird note, the location should be St Anne Street, not St Annes Street, not sure if this technicality can be used)

In simple terms, I entered the box junction following the car ahead of me, which, only halfway through, decided to begin breaking. Unfortunately, I became stuck behind it. I couldn't change to the right lane as I intended to make a left-hand turn, which was out of view. From the video, I believe I had no other opportunity once stuck here. Does anyone have any suggestions on how I might appeal?

The Area: https://maps.app.goo.gl/UTx5Byxq3CMFyxbRA
Dropbox link of Video: https://drive.google.com/file/d/17LJ0JEywq3cDbjcKWLVJ4ZgEjuxWjySO/view?usp=sharing

FYI: My Reg is FT07 BPO


« Last Edit: November 18, 2024, 06:55:20 pm by JacobC21 »

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Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #1 on: »
The video is flawed, because it does not show your entry into the box. The offence is committed at the entry to the box, and appeals have been won on the basis that the video does not show a contravention.

Please post the PCN, all sides, with only name and address redacted. I don't think we've yet seen a Liverpool PCN for a yellow box contravention yet, so need to assess it for errors of content.

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #2 on: »
Sure, image below. apologies for the quality of the photo, I am away from home and can't get a photo myself.


Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #3 on: »
I am immediately suspicious of this PCN, the first we have seen, I think, from Liverpool for a yellow box junction. In the first paragraph of the text on the PCN, it refers to the location being part of a bus lane or gate, yet this is totally irrelevant, because the alleged contravention is stopping in a yellow box junction when prohibited. My suspicion is strengthened when I look at their website, which only refers to Parking PCNs and Bus Lane PCNs. Clearly they have done nothing on their website to update it to reflect that they are now enforcing moving traffic offences, not just bus lanes. Council incompetence and stupidity strikes again ! what a load of tossers !

I reckon this PCN is just a quick cobble by some idiot in Liverpool council using the previous PCN template for their enforcing of bus lanes under the old 2007 regulations. Therefore it is very important that you post the rest of the PCN so it can be examined for errors of content that could make it void. The text related to bus lanes is not a winner at adjudication on its own under "procedural impropriety".

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #4 on: »
I'll get a full front and back of the PCN posted tomorrow.

I'd also just like to highlight the previous point where the location stated is also technically incorrect, has this been enough to overturn any PCN's before?

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #5 on: »
I'll get a full front and back of the PCN posted tomorrow.

I'd also just like to highlight the previous point where the location stated is also technically incorrect, has this been enough to overturn any PCN's before?
I don't think the slight error on the street name is a winner, but clearly would be part of any representations to the council and also at the adjudicators.

However, the bottom line is, if we find a significant error such that a win could be acheived at adjudication, are you prepared to risk the full PCN penalty ? No discount option at the adjudicators, I'm afraid.

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #6 on: »
The deadline dates for payment are already wrong.

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #7 on: »
I've looked at the video and it's a very long box outside a fire station and looks to extend well beyond the fire station. I'll bet it's a big trap now it's enforced and I recall it as I was in Liverpool a few weeks ago and drove down there - a most confusing city.

As for you couldn't change lane owing to turning left, it's better to bail out into another lane than get a PCN...

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #8 on: »



Apologies for the late post here. This is the full PCN.

@Incandescent

Re: Liverpool City Council - Yellow Box Contravention 31J @ St Annes Street
« Reply #9 on: »
As I suspected, their PCN is complete rbbish, in that it omits two of the statutory grounds for an appeal. One has to wonder whether they even read the 2022 regulations they quote on the top of Page 1 of the PCN !

Anyway, here are the relevant regulations in full: -
https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf
Regulation 5 defines the statutory appeal grounds that must be included. They have missed out 5 (4)(a),(f) and (g).
Omission of these is therefore a procedural impropriety and you should therefore submit representations on that basis.
They have truncated the first ground listed, "the penalty exceeded the amount". This should read "the penalty charge exceeded the amount applicable in the circumstances of the case"
They have even put in an appeal ground that is not in the regulations : "the police have already started criminal proceedings"  !!!

The PCN is just total shite !! YOu need to get an adjudicator to see this, and the person who prepared the template needs to be sacked forthwith.