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I further bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances.

I further bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances.

are there any tribunal cases on this as would be useful

Manju Lukhman v London Borough of Redbridge Case No. 2230099245
 
I have however recorded the appeal as allowed on the basis of insufficient
evidence. The clip shows the appellant stopped within the box but it does
not show the appellant car at the point of entry and actually entering it. It is
important in the correct assessment of an appeal of this nature that the
adjudicator can assess what traffic flow and conditions are present at the
actual time the car enters the box and in this case the shortage of the clip
prevents this.
 
Commercial Plant Services Ltd v Royal Borough of Greenwich 2230539604
 
In this case the CCTV footage that I have been provided with, and
uploaded onto the Tribunal computer system by the Authority,
commences with the Appellant's vehicle already in the box junction at
08:14:26.
It is crucial in determining any box junction contravention that the
Adjudicator is able to see the actual entry of a motorist's vehicle into the
box junction and the state of the exit.
Without such evidence a proper and fair determination is not possible.
Accordingly, the appeal must be allowed.

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Courtesy of cp's brilliant repository.

Not many people have used the argument as of yet/more recently except you know who. 

Nope.  Hearing is next week.

It is a contravention if a person causes their vehicle to enter a box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.

The evidence does not show the appellant’s vehicle “enter” the box junction.

The footage starts with the vehicle already on the box junction.

I will therefore allow the appeal.

@cp8759          2240040646

The OP had a good day as I got them off a Bus Lane contravention too. At the Enforcement Notice stage. £260 for Xmas presents.