Free Traffic Legal Advice

Hi All,

I've received a PCN for a 31J - Entering and stopping in a box junction when prohibited (camera enforcement). The date of notice was 26th February 2024 so I only have 3 days to respond for the discount period. Apologies for the short notice as this letter somehow got misplaced and I only found it yesterday.

Do I have any grounds for appeal here?

Link to PCN
https://drive.google.com/file/d/1HqRj5oKnumkQBrsiyQos5C6Hk60KM-5z/view?usp=shar

Video footage
https://drive.google.com/file/d/1svdd3JLgR__XZifnUCQH97HSSPPmIxZe/view?usp=sharing

Images
https://drive.google.com/file/d/1swv6TzhvWKKpRVU7FHbS4iys0F1_7TJs/view?usp=sharing
https://drive.google.com/file/d/1sx0SrmFkAzuSDT_ntbo8jnMoucuTRedM/view?usp=sharing

The contravention did not occur because the video does not show the whole situation at the point of entry, which is the crucial legal issue.  It shows the vehicle after it had entered.  In this regard, I rely upon the following extract from the key case of Place Invaders Ltd. v Transport for London: The terms of the prohibition refer to causing the vehicle to enter the box. The evidence produced by Transport for London in support of its case does not, however, show the entry of the vehicle into the box; it commences later, when the vehicle is already stopped in the box. It seems to me that in order properly to consider whether the contravention has occurred the video recording needs to show the entry of the vehicle into the box since that is the start of the events that will or will not lead to there being a contravention. In the absence of this evidence, bearing in mind that the burden is on Transport for London to prove the contravention, I cannot find that it has discharged this burden of proof. I accordingly allow this appeal.

https://www.londontribunals.gov.uk/sites/default/files/keycases/Place%20Invaders%20Ltd.doc

The contravention did not occur because the video does not show the whole situation at the point of entry, which is the crucial legal issue.  It shows the vehicle after it had entered.  In this regard, I rely upon the following extract from the key case of Place Invaders Ltd. v Transport for London: The terms of the prohibition refer to causing the vehicle to enter the box. The evidence produced by Transport for London in support of its case does not, however, show the entry of the vehicle into the box; it commences later, when the vehicle is already stopped in the box. It seems to me that in order properly to consider whether the contravention has occurred the video recording needs to show the entry of the vehicle into the box since that is the start of the events that will or will not lead to there being a contravention. In the absence of this evidence, bearing in mind that the burden is on Transport for London to prove the contravention, I cannot find that it has discharged this burden of proof. I accordingly allow this appeal.

https://www.londontribunals.gov.uk/sites/default/files/keycases/Place%20Invaders%20Ltd.doc

@Hippocrates
Thank you very much for the feedback. I had a very similar case last year and the adjudicator pretty much said the very same thing and the case went in my favour (reference below) which MrChips helped to draft. So should I draft an appeal solely based on your quote above and see how the council responds? Most likely, it'll go to the adjudicator

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/redbridge-31j-pcn-stopping-at-box-junction/msg3244/#msg3244

@bigred247 the PCN is at the discount rate which suggests they're issued a rejection and reoffered the discount, have you received anything?

https://drive.google.com/file/d/1WJI-N7Wl5Cj8yzjxsRFS9CMg1N0bVbBs/view?usp=sharing

This is a blatant attempt at mugging.  We won a case yesterday v Kingston for exactly the same reason which they (Redbridge) are unreasonably dodging!  They seem to be making it up as they go along.

Yes, it is indeed Tribunal time. Take your pick: cp or me. 

I will post  up the Kingston decision when I get it. The hearing took about 4 minutes and 29 seconds.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/kingston-borough-council-31j-stopping-in-a-box-junction-(richmond-road-junction-/msg18253/#msg18253

I am more than happy to do this one foc=free of charge! Case won yesterday:

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240040646
Appellant
Authority Royal Borough of Kingston Upon Thames
VRM BL130NX
PCN Details
PCN QT08478867
Contravention date 12 Nov 2023
Contravention time 17:28:00
Contravention location Richmond Rd (Junction with Sopwith Way D5)
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date
Decision Date 25 Mar 2024
Adjudicator John Lane
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.

Reasons
Mr Morgan attended. Ms **** attended by telephone.

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.

****************

Please do not join The Mugged Club!

Same issue as above and as below!

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/kingston-borough-council-31j-stopping-in-a-box-junction-(richmond-road-junction-/msg11058/#msg11058

Quote from: cp8759 on March 26, 2024, 10:49:11 pm

@bigred247 the rejection looks like a load of BS to me, they accept they have no evidence of your entry into the box so they have no evidence of a contravention.

I think you should appeal as you have better than even odds of succeeding, your best bet is if you have someone represent you. I'm normally swamped with appeals so I ask for a nominal fee, while I understand Hippocrates only asks for his train fare to the hearing centre so if he has capacity you might want to go with him.

BS=Bolleaux in my Celtic vocabulary!  PM sent.

@Hippocrates thank you for offering to take this up. This would be greatly appreciated. I have PMd you and sent you an email. Will you setup/activate the appeal on the tribunal website or do you need me to do this?

Madrigal: "Now is the month maying, when merry lads are playing,  fa la la etc. Each with his bonny lass, upon the greeny grass, fa la la la............."