3. Box Junction TfL ticket
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Box Junction TfL ticket
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I do not remember doing this so I am just judging from my usual driving. I tend to respect box junctions, but it is in my character to try to predict movement for my own efficiency. This means I will enter a box junction on the basis I think the exit should be clear considering all the traffic there. Of course that occasionally (although only very rarely and never to block traffic that I can remember) does not work out, so it is possible that I was in (partly in? Hard to judge from the photo).

Do I just have to swallow this, or is there some appeal that you fine people of PePiPoo know of that I have not heard of?

For example, the paper says responsibility lies with me, the owner, but I am not the owner of the car as it is leased (how crap are their copywriters and lawyers that they don't know that the DVLA records show registered keeper, not owner and that (I assume) it is the registered keeper responsible for this?).

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Re: Box Junction TfL ticket
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We need to see the all of the PCN do not redact anything but your name and address we also need to see the video so ask TFL for it (you will have to phone them) Also contact your lease company and ask them when they received the pcn, when they made a representation and what they sent and also what if anything TfL said in reply to that representation.

The law places liability for a PCN on the owner, that is assumed to be the registered keeper as per DVLA register, this can be refuted and ownership can be ascribed to the person who usually keeps the vehicle in the case of a lease of more than six months. But the TfL need to follow the correct procedure to then be able to send you a PCN 
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Re: Box Junction TfL ticket
« Reply #2 on: »
Please show us the wording in your lease agreement about paying PCN penalties.

From the dates I assume the lease company forwarded the PCN to you and that the PCN is in their name?
« Last Edit: October 22, 2023, 04:07:59 pm by John U.K. »
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Re: Box Junction TfL ticket
« Reply #3 on: »
The legislation says the registered keeper is presumed to be the owner, and the burden of evidence is on the registered keeper to rebut this. Most authorities and indeed most lease companies do not understand this, as illustrated by decisions such as Rosica Solunova v City of London (2210125386, 12 April 2021), Daniel Hirai v City of Westminster (2210105607, 26 June 2021) and Harold Goodrich v City of Westminster (2220668661, 14 August 2023).

But for a box junction case it's always worth seeing the video, so call TFL tomorrow morning and ask them to send you the video. They will send you a DVD in the post and put the penalty on hold while you wait.
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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
Re: Box Junction TfL ticket
« Reply #4 on: »
Thanks. I did not seriously think that was a likely solution (they did just assume I was the owner, and sent me the notice not the lessor) but I have rejected a parking charge before because the wording was incorrect in a similarly minor way. I will ask for the video.
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Re: Box Junction TfL ticket
« Reply #5 on: »
I'm not sure if you're referring to a private parking charge, but you can't "reject" a penalty charge, it's something that is imposed on you by an Act of Parliament. It is possible to get it cancelled based on the ownership argument, but this is a complex area of law and not really suitable for a DIY appeal.
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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
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