Author Topic: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF  (Read 442 times)

0 Members and 0 Guests are viewing this topic.

Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
 I have received a PCN from TFL in Talgarth Rd (A4)/Gliddon Road which occurred on 28/10/2023 at 1040 hours

I am aware that you can enter a yellow box junction to turn right but was unaware the same does not apply turning left. I’d be grateful for any thoughts on how to submit an appeal on this PCN around the following points:

1. Whilst the still images do appear that I entered the YBJ I don’t believe that I was obstructing any traffic. As I was on the far left lane traffic could still pass behind me. Similarly I don’t believe I was a risk to pedestrians or any other road users

2. Is it legitimate grounds to state that I was turning left and that the only reason that I appear to enter the YBJ is that there is a pedestrian crossing on the A4 which hold traffic up for a short period of time, I am aware that this is a weak argument.

3. Are there any other arguments worth making?

The video link is here:

https://www.youtube.com/watch?v=diZiWtXidWY.

The clip is quite long (5 minutes) but you can see the alleged contravention around the 2mins 34s mark.

Thanks in advance for all your help. Very happy to answer questions or queries and appreciate everyone’s help.

Share on Facebook Share on Twitter


Incandescent

  • Hero Member
  • *****
  • Posts: 2985
  • Karma: +72/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #1 on: November 20, 2023, 09:45:30 pm »
The contravention is that you have to stop due to the presence of stationary vehicles.  I'm not sure the video really shows this. It shows you stopping because you were not sure if you could get round the corner and not hit the car in Lane 2, so being a bit over-cautious. Your intended lane (Lane 1),  being free.

cp8759

  • Administrator
  • *****
  • Posts: 5303
  • Karma: +123/-4
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #2 on: November 21, 2023, 09:53:41 pm »
Draft reps:

Dear Transport for London,

The alleged contravention did not occur. It is quite obvious from the video that my vehicle could have proceeded in lane 1, and there was no stationary traffic in lane 1 that prevented it from doing so.

It follows that the alleged contravention did not occur and the penalty charge must be cancelled.

Yours faithfully
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 nor 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.

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

Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #3 on: November 24, 2023, 12:15:40 am »
Thanks for the draft response. Has anyone got anything else to add please?

cp8759

  • Administrator
  • *****
  • Posts: 5303
  • Karma: +123/-4
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #4 on: November 25, 2023, 01:35:03 pm »
I'll add that if TFL rejects, I'm happy to represent you 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 nor 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.

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

Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #5 on: November 28, 2023, 07:34:42 am »
Thank you. That is very much appreciated.

Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #6 on: December 23, 2023, 10:02:00 am »
Hi

I understand that my representation may have been rejected. But I have not had an official communication about this (email, letter, etc). Am I meant to get a formal notification? I happened to have a look at the TFL PCN site and it looks as though the representation has been rejected.

John U.K.

  • Moderator
  • *****
  • Posts: 1117
  • Karma: +21/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #7 on: December 23, 2023, 10:50:53 am »
Date of apparent rejection?
They have to reject by post, but post can be erratic at this time of year.


Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #8 on: December 23, 2023, 10:54:35 am »
13 December I believe…

Hippocrates

  • Hero Member
  • *****
  • Posts: 2290
  • Karma: +26/-1
  • Gender: Male
  • Location: The Cosmos.
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #9 on: December 23, 2023, 11:16:07 am »
13 December I believe…

How do you come to this conclusion?
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

Navsw6

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #10 on: December 23, 2023, 11:44:29 am »
Like I said, I had a look at TFL PCN site using PCN ref and car registration details and it says 13 December representation rejected…you can look too

Hippocrates

  • Hero Member
  • *****
  • Posts: 2290
  • Karma: +26/-1
  • Gender: Male
  • Location: The Cosmos.
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #11 on: December 23, 2023, 12:03:41 pm »
Thanks for the clarification.  You still do not have any primary evidence though.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

John U.K.

  • Moderator
  • *****
  • Posts: 1117
  • Karma: +21/-0
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #12 on: December 23, 2023, 12:06:28 pm »
Therefore NoR deemed served 15th and would have given you 28 days to pay or appeal to LT.

As I see it (the experts here will correct me if I'm wrong) you have a choice

1) stick to the process - if it never arrives, wait for the Charge Certificate, then the Order for Recovery, then get it set aside on grounds of made representation but no response received.

Or

2) step outside process and ask TfL to e-mail or re-send a copy of the NoR.

I can see nothing is lost by asking when they re-open.

Hippocrates

  • Hero Member
  • *****
  • Posts: 2290
  • Karma: +26/-1
  • Gender: Male
  • Location: The Cosmos.
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #13 on: December 23, 2023, 12:13:19 pm »
I would advise option 1.  Do nothing.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

H C Andersen

  • Hero Member
  • *****
  • Posts: 2045
  • Karma: +44/-31
    • View Profile
Re: TFL: Yellow box alleged contravention - Talgarth Rd/Gliddon Rd LBHF
« Reply #14 on: December 23, 2023, 12:26:14 pm »
?

Sadly there are 3 options, not 2.

1. It never arrives.
2. It does arrive.
3. Contact TfL now.

IMO, 2 and 3 are linked.

Can't recommend 1 because it's speculative and high risk.

If it arrives late, you won't be able to prove as such and as the 14-day extended discount would probably have expired (arrives later than 27th because TfL's website says your reps rejected on 13th) then you'd have no choice but to appeal with the full penalty in play.
I don't understand waiting(hoping?)it won't arrive because all this would do would be to cause you to engage with the OfR process which at best would lead to TfL sending you a copy of the NOR and probably extending the discount whereas if you engage with TfL now and explain then if they sent a copy today you'd at least have 4 days to review their NOR. (https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/enforcement-process)
NB. if you phone them and receive any verbal commitments then you MUST confirm in writing by email. Never take verbal assurances.

If you can't contact them today then the decision to wait is made for you until next week at least.
« Last Edit: December 23, 2023, 12:31:05 pm by H C Andersen »
Agree Agree x 1 View List