Author Topic: Waltham Forest - 31 Entering and stopping in a box junction when prohibited  (Read 869 times)

0 Members and 88 Guests are viewing this topic.

Hi,

Recently received this PCN - not me driving though ;)



I think (& driver thinks) there was room to clear the junction but they stopped to allow pedestrians to cross
Is this enough to appeal - there was space in front, in the case this might not have been sufficient space the driver could still have pulled to the right and cleared the junction that way?
In addition the paint of the box seems fairly worn, might this be helpful?

Thanks.

Share on Bluesky Share on Facebook


No contravention. There is only a contravention if you had to stop in the box due to stationary vehicles

https://drive.google.com/file/d/1-i5PiVGSA50MQJPVyOLnf0NhhgkVN9nx/edit

Your case is similar to mine in that you stopped short and could have cleared the box but didn't.youll need to measure your car and the gap that was there (there is an app to do that).then informal reps which will be refused and then onto the tribunal where you risk the whole amount.

If you ask nicely ivan might pop along to give his view. If he says it's a runner, go with it

Waltham forest are sub human detritus however so you will have to risk paying the whole lot.

100% agree, no contravention here. The car stops for pedestrians and once they have crossed there's plenty of room to clear the box completely.

Thanks everyone.

It's annoying that because of the angle, fact that the camera moves and the low quality video it's hard to see the positions well. While I'm satisfied there's room there's always other peoples interpretations. I've uploaded a google maps view of the location.
I assume that the location to be concerned about is where exactly the car in front stops for the first time?
Is it worth mentioning the worn markings? I'll have to go down to see if they actually are worn or whether it's the camera quality.

Something like this: -

Dear Sirs

Ref: PCN: FR64089158

I make the following representations as to why the offence did not occur:

1. The hatched box markings are excessively worn, particularly on the exit.
2. The car did not stop in the box junction "due to the presence of stationary vehicles" as required for the offence, but to allow pedestrians to cross. Indeed, at the time that the car in front stops there is space for a car directly behind it and to the right (as occupied by the grey van at approximately the 24 second mark.)


Is there anything else worth mentioning or modifying?







[ Guests cannot view attachments ]

[ Guests cannot view attachments ]

Your representations text should not mention the worn markings, and concentrate solely on the circumstances of stopping (for pedestrians), because they will reject no matter what you say. This is to force you to pay-up at the discounted rate, rather than wait for the next enforcement document when the discount option is lost. The council know that by refusing all representations, most people, like over 95%, just cough up the discount. It's a nice little earner for them.

The plain fact is the contravention is not made out. The stopping must be due to stationary vehicles blocking your exit from the box, nothing else. If they refuse you and you take them to London Tribunals, you would have a strong case for costs when you win.

John your car is 4.6m long

https://www.automobiledimension.com/model/citroen/grand-c4-spacetourer

The gap immediately in front of your car was more than that. You should include this in your representations.

At anyone's best guess you had over double the length of your car if you measure to where the back of the nearest car was (roughly the  curb near the island on the right).


[ Guests cannot view attachments ]

Thanks,

I just noticed when going to put in my representation that I am restricted to only one choice. That seems to be raised as an issue here - https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lb-redbridge-53j-failing-to-comply-with-a-restriction-on-vehicles-entering-a-ped/15/ - so is that also worth noting?

[ Guests cannot view attachments ]


Thanks.

[ Guests cannot view attachments ]

Just email your representations in a normal email to them

wfpcn@nsl.co.uk


Hi, so I sent them this challenge: -

[ Guests cannot view attachments ]

I then received this rejection

[ Guests cannot view attachments ]
[ Guests cannot view attachments ]
[ Guests cannot view attachments ]

If anyone could help me with some pointers on the next steps please?

Thanks.

[ Guests cannot view attachments ]

As usual their reply is total tosh. Reference is only made to the Highway Code which is NOT law. The law is quite clear on YBJs; the offence is only made out if the car has to stop in the box due to the presence of stationary vehicles.


Thanks, so I take it to adjudicator with the same argument?
Is there an additional argument that the council obviously hasn't "consider the representation and any supporting evidence" as they are required to do despite their claim to have "carefully considered"?

John

I am sure someone with more knowledge of this knows the answer but why don't representatives make a Costs application on each and every occasion the council come back with a load of garbage as they have here.

Clearly the PCN isn't valid. Clearly it should be cancelled. Yet they seem to be able to reply with gobbledegook with next to no risk of it coming back to bite them on the arse.
Like Like x 1 View List

Quote
Yet they seem to be able to reply with gobbledegook with next to no risk of it coming back to bite them on the arse.
Absolutely !  There are no adverse consequences on them whatsoever, apart from maybe losing an adjucation, and even then these represent only about 1% of PCNs so they dine out very generously on people who just cough-up to get the discount.

costs application?
vexatious?
Quote from: andy_foster
Mick, you are a very, very bad man