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Hi, I have received a PCN of FR63395228 today saying that I have entered and stopped in the yellow box.

I remember that day, but I remember that I have reversed back when I saw the front car stopping, but also people were crossing the road behind my car, so I had to reverse slowly

The video provided shows I was reversing, but it cuts before I pulled all the way back.

Do I have grounds to appeal?



https://maps.app.goo.gl/MG75GowkoY1nUDny8

Good shout here as you were reversing and when the camera pans out space beyond the box opened up so it's hard for them to say a contravention occurred.

Can't see a point when you and the white car are simultaneously stationary = no contravention

Hi, thank you for your replies on contravention most likely did not occur.

Any chance someone could guide me through the appealing process for it please?

As I understand, I should contest that the contravention didn't occur on the basis of there was no point in time where the white car at the front and my car were simultaneously stationary.

Should I also mention that even when I noticed that cars were not moving at the front even though there was space ahead, I have paused to shift gears however I had to move slowly as people were crossing behind me. Recording stopped when I clearly continued to reverse out of the box as soon as there were no people behind me.

this is what I drafted:

"I challenge liability for this PCN on the grounds that the contravention did not occur.

Having had the opportunity to view the video footage I can see it shows that no contravention has taken place. The Regulations provide "…no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box due to the presence of stationary vehicles." The footage shows space beyond the box junction opened up as camera pans out which would be sufficient to accommodate my vehicle. There was not a point in time where white car ahead of me and my car were simultaneously stationary. As such my vehicle was not forced to stop where it did due to stationary vehicles and it follows that no contravention took place.

You can also see that I was in the yellow box for only long enough to change my gears to reverse as there was space behind me, however I was reversing cautiously as people were crossing behind me. The recording cut right after you can clearly see that I was continuing to reverse.

I refer you to the decision of adjudicator Andrew Harman in Carlo Bergamini v Transport for London (2220539159) and adjudicator Jane Anderson in Katy Wong v Royal Borough of Kingston (2140345227)

For these reasons, it follows that the notice must be cancelled.

Yours faithfully,"

Thank you for your help!

Please to post up the letter of rejection.

Quote from: John U.K. on October 09, 2024, 11:01:40 am

Please to post up the letter of rejection.

letter of rejection

I believe I have a good chance appealing this as they have conveniently cut the footage as soon as my brake was released and continued to reverse when pedestrians stopped crossing, but space also opened up at the front simultaneously

Can someone advise me on the next steps please?

Thank you in advance!

All of the letter, please.

Should I use the same reasoning in my formal appeal?

"I challenge liability for this PCN on the grounds that the contravention did not occur.

Having had the opportunity to view the video footage I can see it shows that no contravention has taken place. The Regulations provide "…no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box due to the presence of stationary vehicles." The footage shows space beyond the box junction opened up as camera pans out which would be sufficient to accommodate my vehicle. There was not a point in time where white car ahead of me and my car were simultaneously stationary. As such my vehicle was not forced to stop where it did due to stationary vehicles and it follows that no contravention took place.

You can also see that I was in the yellow box for only long enough to change my gears to reverse as there was space behind me, however I was reversing cautiously as people were crossing behind me. The recording cut right after you can clearly see that I was continuing to reverse.

I refer you to the decision of adjudicator Jane Anderson in Katy Wong v Royal Borough of Kingston (2140345227)

For these reasons, it follows that the notice must be cancelled.

Yours faithfully,"

Hi,

hope you're well!

I have recently informally challenged this PCN on the grounds of contravention did not occur.

I received a notice of rejection and I would like to go ahead to formal appeal to adjudicator, but not sure what to do next.

These are the letters.

Notice of rejection

This was my appeal to the council.

"I challenge liability for this PCN on the grounds that the contravention did not occur.

Having had the opportunity to view the video footage I can see it shows that no contravention has taken place. The Regulations provide "…no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box due to the presence of stationary vehicles." The footage shows space beyond the box junction opened up as camera pans out which would be sufficient to accommodate my vehicle. There was not a point in time where white car ahead of me and my car were simultaneously stationary. As such my vehicle was not forced to stop where it did due to stationary vehicles and it follows that no contravention took place.

You can also see that I was in the yellow box for only long enough to change my gears to reverse as there was space behind me, however I was reversing cautiously as people were crossing behind me. The recording cut right after you can clearly see that I was continuing to reverse.

I refer you to the decision of adjudicator Andrew Harman in Carlo Bergamini v Transport for London (2220539159) and adjudicator Jane Anderson in Katy Wong v Royal Borough of Kingston (2140345227)

For these reasons, it follows that the notice must be cancelled.

Yours faithfully,"