Author Topic: Pcn Lewisham mayow road convention 31j entering stopping in box junction  (Read 268 times)

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Pcn received for entering and stopping in box junction however we were turning right so I thought this was allowed. Lewisham refused my appeal and I didn’t receive the letter so jumped straight to a charge certificate although I phoned the council yesterday and they stated I could pay the reduced rate however can’t appeal any further as I’m out of time- I do t see this as fair seeing as I didn’t receive the letter. Any ideas on Watching the footage if i have a chance of appealing it or how I do so given it’s now got to go to the court? I have emailed the council and asked them to look at the footage again, the telephone operator said he had looked at it and it’s clear no mistake has been made and the ticket is valid.



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« Last Edit: December 01, 2023, 07:27:47 pm by cp8759 »

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Thanks for posting.

Do not rely on any information/ "advice" from Lewisham.  It is highly likely to be misinformed and/or not in your best interests.

If you did not receive the notice of rejection, this is grounds to get the Charge Certificate cancelled and reset back to the NOR stage of the process.  However to do this, you need to be patient and await the next document to come in the post, the "Order for Recovery".  This contains information about how to lodge a statutory declaration at the traffic enforcement centre.  If you do this within prescribed timescales, the process will be reset automatically.  However if you miss the deadline, things get very difficult to reset, hence punctuality is key!

Hence, if there is a risk your post is unreliable, you need to be proactive and check online every few days.  Once the amount outstanding increases from £195 to £204, that's the trigger that the Order for Recovery has been issued.

Re the video, I think you should be in scope of the turning right exemption.  However I am aware there is some disagreement on this where the box junction is at a T junction rather than a crossroads.  However, the exemption in the regulations does not mention any distinction between the two.

@Gladallover if the notice of rejection was lost in the post, there is no guarantee this won't happen for the order for recovery as well. If you miss the order for recovery, it can be hard to impossible to get things back on track, so you can't run that risk.

The PCN is sat at £195 at the moment, keep an eye on https://pcnevidence.lewisham.gov.uk/pcnonline/index.php (check at least once a week) and as soon as it goes up to £204, you can download form TE9, fill it in (remember the applicant is the council, not you) and tick the box to say you made representations and never got the notice of rejection. You don't have to print the form off, as the court will accept a typed signature.

Once the form is filled in, email it to tec@justice.gov.uk with the PCN number in the subject line.

When the amount due on the TFL website drops back down to £65, it means TEC has served a revoking order on the council. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with the next steps.

Any questions please ask.
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