Author Topic: Over zealous Barking & Dagenham yellow box ticket?  (Read 617 times)

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Over zealous Barking & Dagenham yellow box ticket?
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This is a post originally posted on http://forums.pepipoo.com/index.php?showtopic=150481&st=20#entry1787809

I have been asked to repost on this website.


Circumstances
I was following traffic, I would have cleared the yellow box junction (without the need to stop in the box), but I was fearful that I may get flashed by the red light camera so stopped as soon as I could. It was a moment when I would have either been caught up in a red light camera fine or a yellow box PCN.

As you can see in the video link, yes, on the face of it, I had touched yellow box with the front part of my car is in the box, but was not obstructing traffic.


Summary of events to far:

1.  I've received a yellow box PCN today via my leasing company.   The PCN can be viewed here.

Video downloaded from Barking & Dagenham


The PCN is dated 21/06/2023

2. My leasing company wrote to the Council 29/06/2023 with a "Third Party Authorisation letter" in which they provide them with my company's contact details (I am the company director).

3. I wrote the L.A challenging the PCN using the advice provided on Pepipoo

4. I later discovered that the leasing company had already paid the PCN (without giving me the opportunity to challenge the PCN).

5.  The leasing company then provided me with the Authorisation Letter (click to view).


What do I do now?  Should I resubmit my representation to Barking & Dagenham with this covering (authorisation) letter?









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Re: Over zealous Barking & Dagenham yellow box ticket?
« Reply #1 on: »
I hate to tell you but it is unlikely you'll ever hear back from the council. Of course you might as well try, but you're just unlikely to get a reply (and if you never hear back, there's nothing you can do about it).

What you basically have a civil dispute with the leasing company, because by paying the penalty they have deprived you of the right to appeal. The real question is, are you willing to take this dispute to the small claims court?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Over zealous Barking & Dagenham yellow box ticket?
« Reply #2 on: »
I wasnt expecting this, but Barking & Dagenham responded to my request to reissue the PCN to my company (by way of reminder, I am the company director).

Here is a copy of the reissued PCN


I have submitted my representation online to B&D via their website.

Let's see how they respond.

Do let me know if there is anything else you think I should be doing
« Last Edit: August 19, 2023, 04:51:37 pm by samosa »

Re: Over zealous Barking & Dagenham yellow box ticket?
« Reply #3 on: »
So what amount is outstanding on the council website?

Has the lease company been refunded?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order