Author Topic: PCN - Havering - 31J - Station Rd./Branfill Rd.  (Read 1079 times)

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PCN - Havering - 31J - Station Rd./Branfill Rd.
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Hello @cp8759 and all,

First time posting on here - what a resource! 

Please find below link to (redacted) images of my PCN, which I received through the post yesterday (19/01/25) and which relates to an alleged contravention on 23/12/24... (I've also tried to attach my redacted doc., too.)



In terms of what I think (or hope?!) might be reasonable and pertinent reasons to challenge, I've come up with the below four possibilities:

1. Contravention alleged  on PCN states "Entering and stopping in a box junction when prohibited" and I did not stop my vehicle at any point.  The continued movement of my vehicle is clear in the video evidence provided.
2. The traffic light changed causing the car in front of me to stop the exact moment I entered the box junction area - I slowed but did not stop and did not obstruct any traffic, as can be seen by vehicles entering Branfill Road from Station Road in the video evidence provided.
3. I maintain that I did not stop, but even if this claim is maintained, the period stopped would be de minimis.
4. PCN states "... The vehicle was observed from to on 23/12/2024...." which does not make sense.

Here is a link to the Google Street View of the location: https://maps.app.goo.gl/nf8MRYNUu7yRr84y7

I've not received (or challenged!) one of these before; therefore,please could I ask for some help in terms of whether there's much chance of an appeal being successful and if so, how I might best go about it?

Many thanks!

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« Last Edit: January 20, 2025, 09:05:14 am by richythepom »

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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #1 on: »
Well, having viewed the video, I think you maybe did stop for a very short period, but at the point where it is not totally clear you stopped or not, there is a car crossing at your rear obscuring your wheels, which is how one can see if you're stopped or not. So submit reps on the basis of not-stopping saying that the video shows no stop in the box. They will reject what you say regardless, so if you want to fight this, you'd have to take them to London Tribunals for an unbiased result.
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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #2 on: »
Thank you very much for the response, @incandecent - much appreciated :) 

A few follow-up questions, if I may?

- In terms of a representation response, would the advice be to include the four points I've included in my first post?
- Is the lack of clear evidence of an actual stop a valid argument?
- Is there anything else I should add, do you think? 

Finally - are there any other "technicality"-type arguments I could use that I'm not aware of (in terms of what is/ins't written on the PNC doc. etc.?)

Thanks again!

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #3 on: »
Only point 1 would win at adjudication.  Be aware that councils just reject everything, (or almost, like about >95%), so there is no point in writing reams and reams. The only unbiased place is London Tribunals but you have to risk the full PCN penalty there.
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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #4 on: »
Thanks again @Incadescent :) 

I'm going to submit a representation...

Please could you let me know your thoughts on my draft below?

I write to make a respresentation to effect the cancellation of this PCN for the following reasons:

The contravention alleged on the PCN states "Entering and stopping in a box junction when prohibited".  I did not stop my vehicle at any point - the continued movement of my vehicle is clear in the video evidence provided.  At no point throughout the video evidence does my car come to a complete stop – I continued moving forward at all times.

Furthermore, the traffic light change which can be seen in the video evidence caused the car in front of me to stop the exact moment I entered the box junction area. 
The driver in front of my vehicle stopped quite suddenly at the point the lights changed from green to amber – verging on what could be described as an “emergency stop”. 
The majority of drivers would have reasonably expected the driver to continue through the amber light in the situation presented.
I therefore slowed (to avoid a collision) but did not stop and also - did not obstruct any traffic, as can be seen by vehicles entering Branfill Road from Station Road in the video. 

In summary - I maintain that I did not stop and even if this fact is challenged - the lack of clear video evidence showing a clear actual stop, as well as the impact on any other road users, would be subject to the de minimis rule.

To conclude - for the reasons set out above - I look forward to the swift cancellation of this PCN.

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #5 on: »
Looks OK, but remember they are 99% likely to reject it.
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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #6 on: »
Video:



I've been through this frame by frame, and I cannot see any two frames where the wheels are in the same position.

There might have been an argument to be made about the grounds of appeal available on the council website, but as you've already made a representation we have no way to check. Still, I think this should win on its merits. I'm sure the council will reject but they may well DNC it at the tribunal.
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
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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #7 on: »
Many thanks for your response @cp8759.

I've not actually sent my representation yet (plan to do so tomorrow); therefore - if you do have any further suggestions re anything I should add/remove/adjust etc., I'm all ears!

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #8 on: »
I think your representation is fine as it is, you just need to understand that they will refuse it and you will have to appeal to the tribunal.
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
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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #9 on: »
What about the PCN errors and website errors?
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #10 on: »
What about the PCN errors and website errors?
Why show our hand early? They might DNC it or not put in any evidence, for all we know they might upload the wrong CCTV footage, I've had that before.
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: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #11 on: »
What about the PCN errors and website errors?
Why show our hand early? They might DNC it or not put in any evidence, for all we know they might upload the wrong CCTV footage, I've had that before.
The Halton case. Best to put in very strong points first.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #12 on: »
Thanks again all for your help - representation submitted!

I've attached a screenshot of the confrmation; I'll keep you posted...  :)

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Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #13 on: »
Good morning all.
Following up the above - I submitted my respresentation on 22nd Jan'25 via Havering's PCN website (and recceived an automated email response on the same day from Harveing confirming they'd received it); this means that 56 days elapsed yesterday, I believe. 
I haven't received an email or a letter in the post as yet... does this mean I'm now in the clear?
Thank you!

Re: PCN - Havering - 31J - Station Rd./Branfill Rd.
« Reply #14 on: »
Have you checked the council website for the status/history of the PCN?