Free Traffic Legal Advice

Hello everyone,

I recently received a Notice of Rejection for my PCN appeal related to entering a box junction by the Bromley Council. My initial appeal was based on the de minimis principle, arguing that the alleged contravention was minor and did not obstruct traffic or cause any significant inconvenience. Unfortunately, the council has rejected this argument and upheld the PCN.

I believe the de minimis principle is still applicable in this case, and I intend to take the matter to the Traffic Penalty Tribunal. I will be appealing with the same reasoning: the contravention, if it occurred, was insignificant and should not warrant a penalty.

I have included details and evidence of the contravention in question. Could you please review the case and advise if you think an appeal based on de minimis has merit? Specifically, I would like your insights on:

Whether the contravention meets the threshold for being considered "de minimis."
Examples of similar cases where the appeal was successful on this basis.
I appreciate any advice or experiences you can share to help strengthen my case for the tribunal.

Thank you!

(If needed, I can provide further details about the video evidence, duration of the stop in the box, or other specifics.)

https://imgur.com/a/9qYjOM7
https://imgur.com/a/JRnTmSe

As above, so below:

Let's start with the whole PCN less personal details. AFAIR it has issues.  Indeed, it does as I have checked a recent case. There is also a problem with their website. This will need to go to the Tribunal and I would be more than happy to represent you. All by video these days very soon.

The PCN is unenforceable.  Please do not pay and let's see it or you will join The Mugged Club.  PM sent.

This is the appeal which i made and which was rejected by Bromley council - would this be good grounds to appeal at tribunal?

Dear Sir/Madam,
I am writing to formally appeal the Penalty Charge Notice (PCN) issued to my vehicle at the Croydon Road/Langley Road box junction.

The alleged contravention pertains to my vehicle’s rear wheel being on the line at the very edge of the box junction. I believe this situation falls under the legal principle of de minimis and respectfully request that the penalty be reconsidered.

Grounds for Appeal
1.    Application of De Minimis
The principle of de minimis recognises that minor, trivial infractions that have no material impact should not be penalised. In this instance, my vehicle’s rear wheel barely entered the box junction, and this slight encroachment did not hinder traffic flow or obstruct the junction in any way.

2.    No Obstruction of Traffic
The junction was entirely clear during this brief moment, and my vehicle did not impede any other road users. The purpose of the box junction is to ensure smooth traffic movement, which was fully maintained in this case. Additionally, there was a clear path ahead for my vehicle to exit the box junction.

3.    Camera Angle and Evidence
The enforcement camera footage appears to have been zoomed in on my license plate, thereby shortening the perspective of the junction. This perspective does not accurately show the full circumstances of the alleged contravention, including the clear path that was available for my vehicle to move forward.

Supporting Legal Precedents
•     The legal principle of de minimis non curat lex (the law does not concern itself with trifles) is well-established in adjudicating cases involving minor infractions.
•     In Case Reference 216036762A, the adjudicator allowed an appeal where the vehicle was stationary for a brief period in a box junction without causing any obstruction, recognising that such a trivial breach should not be penalised.

•     Similarly, in Case Reference 2160303194, an appeal was allowed where a vehicle remained stationary for a brief moment without blocking traffic, and the adjudicator deemed this a minimal infraction.

Request for Reconsideration
I kindly ask that you review this case with a view to applying the de minimis principle and consider the limitations of the evidence provided. Given the trivial nature of the alleged contravention and the lack of impact on traffic, I request that this PCN be cancelled.
Thank you for your time and understanding.
Yours faithfully,
D

Where is the PCN?

If it is like this it is unenforceable as it truncates the period in which they may disregard representations. They cannot do this from the date of the notice, only the date of service.. The offending statement is from the date of the period above.

https://www.ftla.uk/index.php?action=dlattach;topic=3884.0;attach=8471

2230446994

This needs to go to the Tribunal and I am offering my free representation.

Application for review filed.   2250050555