3. Contravention Code 31 - yellow box
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Contravention Code 31 - yellow box
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Hello,

I require your help in a case against a recent PCN.

Allegation : Contravention Code 31. The driver was turning left, and was stationary in a yellow-box.

The PCN delivered to the address and attached makes clear a charge of £160 but halved if paid within 28 days else £240 (50% increase). The wording is not the clearest, it could easily mean a person sends a £160 cheque as payment as the £80 reduced fine is not as explicitly spelt out. That currently, is my best defence (not the greatest!)

I have tried ringing them for video but gave up on the wait time but will try again today.

Any advice/help on the argument to contest?












« Last Edit: November 24, 2023, 10:38:27 am by merkede »
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Re: Contravention Code 31 - yellow box
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Can't really give any meaningful advice unless we see the video.  However your comment about the discounted amount not being explicitly stated is a non-runner. Here is the relevant clause in the LLA & TFL Act 2003 : -

Quote
(8)A penalty charge notice under this section must—
(a)state—
(i)the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;
(ii)the amount of the penalty charge which is payable;
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
(vi)the amount of the increased charge;
(vii)the address to which payment of the penalty charge must be sent; and
(viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and
(b)specify the form in which any such representations are to be made.
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Re: Contravention Code 31 - yellow box
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You really must call and get the video, no meaningful or reliable advice can be given on a yellow box junction case without this.
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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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  3. Contravention Code 31 - yellow box