Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SITR on January 19, 2024, 01:22:34 pm
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The page with the grounds.
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2 pages only of the PCN I see.
Sorry - that's all my friend sent me...and she's currently away. What else are you looking for?
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2 pages only of the PCN I see.
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The video seems to show a contravention so I think you'll need a technical defence.
Looking at the PCN, the location is hopelessly vague. New Road is about 4.5 miles long and I counted at least two box junctions along it. It's hard to be sure exactly how many due to its length and because it splits into dual carriageway at various points.
The PCN is required to state the grounds on which the authority believe it's due so if they can't explain satisfactorily and unambiguously where the offence took place, it's a strong argument to say it's void.
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PCN attached
[attachment deleted by admin]
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The whole PCN please.
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Item 25, 11(6)(a)
I haven't measured the box, but it's 3 lanes wide, so surely a minimum of 7.5 metres...and even if it's OVER 9m, the spacing of the cross-hatch lines are 2.5m, which would also mean there should be more lines than there are in the box painted.
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Is this item 25, 26 or 27 of Part 6 and if 25 which of these: 11(6)(a), (b), (c) or (d)?
https://www.legislation.gov.uk/uksi/2016/362/schedule/9/made
Presumably as you've measured it in detail you'll know which of the above applies.
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Wasn't me.
she was in the right hand lane to turn.
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Well, sorry to say it, but you look bang-to-rights from the video. Why didn't you manoevre round to the left of the black van to get out of the box ?
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@mrchips
Video: https://imgur.com/a/2fotZWQ (https://imgur.com/a/2fotZWQ)
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We'll need to see the video to advise. Please can you download and post a link here, or if you aren't sure how to do that provide the PCN number and vehicle registration.
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Hi Everyone,
Looking into this for a friend. Hers is the black car in the PCN pictures.
PCN issue for 31J
I'm thinking there are 2 defences:
1. "a person must not cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles" (Traffic signs regulations) - there were no stationary vehicles when she entered the box (see movement of black van on PCN pics).
2. The box is marked incorrectly. "The diagonal lines are 150 mm wide and should normally be spaced about 2 m apart where the shortest boundary of the box is less than 9 m long" (Traffic signs manual). There is no apparent reason from the images as to why the guidance could not be followed.
What do you think? Am I going in the right direction, or barking up the wrong tree?
Thanks
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