3. Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
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Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
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I was issued a fine on 29 Oct 24 for entering a yellow box at the Ealing Village box junction and I wanted to see if there was any possibility to challenge this PCN so I did a search on google.

I was lucky enough to come across a thread on this forum that outlined exactly the same contravention at the same location. A very strong argument was provided to challenge the fine due to the yellow box not being legal as it led to a private gated road (Ealing Village).
Thread: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-yellow-box-hanger-lane/

Fortunately the posters fine was reversed, however for other reasons NOT linked to the private road rationale - It looks like it was waived a few months back due to the amount of time the council took to respond. Therefore I wanted to re-open this conversation to @cp8759 and seek advice on how best to challenge this topic efficiently.

Status: No action has been taken on my side just yet, no challenge or request for footage.

PCN: https://imgur.com/a/pCEhOM0

Location: https://maps.app.goo.gl/to9CxzWM3Gw8eztz9

Many thanks for your time
« Last Edit: October 31, 2024, 07:38:28 pm by finesbreakingmybank »
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Re: Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
« Reply #1 on: »
I'm very familiar with that case - would be good to get an adjudication in which the point is properly argued!

There was another case recently in Merton where a similar argument was rejected but this one seems stronger as there is an actual gate to act as a physical barrier to the junction (or at least there was back then).

As this is a TFL case the video is only available on demand so please could you call them tomorrow to request it? They will post it to you on DVD, and usually put the case on hold for a couple of weeks while this is sorted out (but check about this when you call).
« Last Edit: October 31, 2024, 11:49:37 pm by MrChips »
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Re: Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
« Reply #2 on: »
@finesbreakingmybank use the representation I posted here, send it online via https://tfl.gov.uk/modes/driving/challenge-a-pcn and take a screenshot of the confirmation screen.

Also tomorrow call TFL on 0343 222 3333 and ask for the video.

I would suggest you don't try and represent yourself at the tribunal for this one, I don't think this location is suitable for a DIY appeal, but obviously it's your decision to make.
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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
Re: Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
« Reply #3 on: »
Thanks for getting back to me on this topic.

I've sent my appeal and obtaining the footage as requested.

Thanks!
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Re: Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
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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
Re: Penalty Charge Notice (PCN) - TFL/Ealing, code 31 yellow box, Hanger Lane/ Ealing Village W5
« Reply #5 on: »
Fantastic! Great work Ivan.
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