Author Topic: TfL, Code 31 Entering and stopping in a box junction when prohibited, Kew Bridge Rd / Kew Rd / Chiswick High Rd  (Read 534 times)

0 Members and 60 Guests are viewing this topic.

Hello,

Received the below PCN on 25th April, notice dated 22nd April.

In short, I do not believe that the evidence provided is sufficient proof of the contravention TfL believe has been committed.

2 still photographs provided - the first showing my vehicle, but certainly not the yellow box itself, and the second showing my vehicle behind a TfL bus caught in the junction (3rd identical photo shown in online case linked below). However, the 2nd photo is not at all clear and given there are 2 lanes in the same direction of travel on both entry and exit to the yellow box, I do not believe that they have provided clear enough evidence that the contravention has occurred (i.e. that the same vehicle is shown in both images). Not least because the 2nd photograph also shows that traffic is still flowing clearly across the junction.

My second point, is that the bus was actually occupying both of the 2 lanes of the exit to the junction, which is what has caused the issue in the first instance - I felt that it should have left more space for me to utilise the 2nd exit lane, as I was anticipating to when entering the box. Indeed, I could have 'escaped' the box (and the camera!) by moving around the bus to my right in the partially-blocked 2nd lane, but this would have risked a collision when the bus moved off.

I am yet to respond to the PCN and would be interested to know if either, both, or neither of the above are worthy grounds for appeal. Many thanks in advance for any advice!

Supporting attachments below as follows-

Google Street View of location - frustratingly this is 6 years out of date and the road layout has since changed - the yellow box is much larger now, although the dual lane entry/exit from Kew Bridge to Chiswick High Road is still the case. I have linked the view that best aligns with the PCN camera angle:

https://maps.app.goo.gl/sXiJKJaB53PBbDYT9

I had trouble with Imgur on my laptop so I have used the attach function here for the PCN - I hope this works but the details can also be found here using reference GX24503283 and vehicle reg ML19WGV


[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Call TFL and ask for the video, which they send on a DVD.

Thanks very much - I have done so today and they are sending it out, and they've put the case on hold for 14 days in the meantime.

I got the similar PCN today in the same junction box. What is the outcome your appeal?

I got the similar PCN today in the same junction box. What is the outcome your appeal?
No yet concluded.
Best if you start your own thread and continue looking at this one.

I got the similar PCN today in the same junction box. What is the outcome your appeal?
The appeal process takes quite a bit of time i guess if he is reporting this here he hasn't done it yet.
Play by the rules?

I got the similar PCN today in the same junction box. What is the outcome your appeal?
@Ki
I suspect the OP is still waiting for the DVD. Meanwhile, please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and start your own new thread by posting there
a brief account of the circumstance,
all sides of yr PCN (redact yr name & address - leave all else in)
and a GSV link to the location.
You shouild also telephone TfL and ask for the DVD and post the video on yr thread.

Please heed the experience of the OP in this thread.  If the DVD does not arrive within 2 weeks, TFL will carry on enforcement so you need to be proactive in chasing them up and keep an eye on deadlines even if that means you have to submit representations saying you have not had sight of the footage.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-tfl-code-31-entering-and-stopping-in-a-yellow-box-streatham-high-rdsunnyhill/msg69819/#msg69819
Like Like x 1 View List

Hi all,

I received the DVD a few days ago but annoyingly I don't actually have access to a DVD player until tomorrow (or possibly tonight). I will share the video on here as soon as I have it to see if there is any cause for appeal. (I'm still within the original 14-day discount period - just!)

Thanks

DVD update -I now have access to devices, but I am completely unable to play it. Tried on a PlayStation and then an actual DVD player, received ‘unreadable disc’ and ‘No audio data’ / ‘No image data’ error messages respectively. I have documented the evidence of the DVD not working. Do I need to call them back? Appreciate this is a bit nuanced now! Ludicrous that it has to be hard copy but only focusing on what I can control.

There has been a recent appeal win at London Tribunals because the appellant was unable to view the video.

Be mindful of deadlines. If you PCN was dated 22 April, the deadline for submitting representations is nigh. Unless you have it in writing somewhere that the deadline has been pushed back while the DVD was prepared then I wouldn't trust TFL to honour an extension if it was only offered to you verbally.

Be mindful of deadlines. If you PCN was dated 22 April, the deadline for submitting representations is nigh. Unless you have it in writing somewhere that the deadline has been pushed back while the DVD was prepared then I wouldn't trust TFL to honour an extension if it was only offered to you verbally.

Hi MrChips, indeed, I was very mindful of this possibility. Thankfully it is visible in the PCN history that it has been placed on hold (see attached image), and indeed the outstanding amount is still £80.00, although by my reckoning that will increase to the full £160.00 on Tuesday, but I'm treating it as Monday to be safe. Perhaps this is a useful reference for others in future to know for sure that their case is indeed on hold.

There has been a recent appeal win at London Tribunals because the appellant was unable to view the video.

Hi Incandescent, that's interesting, thank you for sharing. I suppose my question then would be, is the inability to view the footage (with evidence of attempts on multiple devices) in and of itself grounds for appeal, and if so should this be the sole basis or should I reference any of the points in my original post instead/alongside?

[ Guests cannot view attachments ]

Hi all, just to update on this, I have been on the move a lot in recent times so not had chance to sit down and comment until now. Essentially I took advice from an experienced member of this forum and lodged an appeal on the grounds that 'The alleged contravention did not occur'. I also mentioned in the comments that the DVD provided did not work, and provided video evidence of this. I appealed on 18th May, and the case was placed on hold. I did not hear anything until a couple of days ago (a couple of days after the 15-day 'target' reply period, but before the 21-day threshold to contact them again).

They have sent me another DVD in the post, with exactly the same letter and content, but obviously on a new disc, and dated 29th May. I will try and play this one when I have access to a DVD player again (I don't have one at my address) and post the results here. However this letter is not logged on the online case record, interestingly (see attached).

I suppose now my question is, irrespective of whether I am able to view the DVD or not, does this constitute their reply to my appeal? I was expecting for it to be either upheld or rejected, but now I'm not sure where I stand with my options if this is indeed their response. It looks like the option to challenge it online is still there, as it was before I did so - so perhaps they have effectively put the case on hold again, and given me a second chance to both view the footage and appeal the PCN?

[ Guests cannot view attachments ]