Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: poorthing on April 25, 2024, 10:49:53 pm
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In the present instance I would be inclined to admit such evidence although I do express concern to the Enforcement Authority, and would expect all the Enforcement Authority's witnesses to properly formerly identify themselves hereafter.
I will use this in my petition re bus lane legislation @ 7(6) to be incorporated into moving traffic law so as they are required to attend.
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Outcome (https://drive.google.com/file/d/1EP1JwhU9cT7C-PfgJvCoyuvEd4MRPZH_/view).
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Quite. I would continue. Their English: none of the above apply!
Other reasons:
I had a nose bleed.
I had a detached retina attack.
The ex sent me a malicious text.
I needed to go to the loo and took the quickest route.
For Gawd's sake! :o
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Merton have fixed the wording in the notice of rejection, so that ground is gone. That leaves you with the options of paying the discount, or appealing based on the visibility of the box.
The one ground I can see is the website ground, these reasons are a mix & match of mitigation and statutory grounds:
(https://i.imgur.com/AbMdd0g.png)
See the cases on rows 578 to 593 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit#gid=642784037&range=A578).
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@cp8759 any views re the NOR? I have had a look.
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I'm just reposting again with the ' Notice of Rejection' document attached below as had issues earlier.
PCN number all on the image
https://imgur.com/a/BMeiQzU
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https://www.ftla.uk/index.php?action=dlattach;topic=1749.0;attach=6389
I have looked at the video and can only comment that, as per usual, councils' cameras show the YBJ in a better light. When you look at the video provided in the link above, the lines are clearly not "good enough" on approach IMO.
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Hi,
Received the ' Notice of Rejection' yesterday. As advised in earlier posts have attached it here - attached as a google link (as I keep getting a message saying 'upload folder is full' and it does not allow me to attach the word document)
https://docs.google.com/document/d/1UxO5gxqM33rvh1ywfH_MFW-FskGYuo-q/edit?usp=sharing&ouid=108838984854993317821&rtpof=true&sd=true
It does not seem to take into account at all that from a drivers point( sitting in the car), Lines are not visible till it's too late.
Is there any point trying to appeal this further/ or any mistakes in Notice of rejection.
Thanks.
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Thanks Incadescent and cp8759.
Will send it and wait for the 'Notice of rejection'!
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@poorthing the representation is fine, it will inevitably be rejected but the notice of rejection template used by Merton is flawed and can easily be appealed as long as they haven't fixed the wording yet.
Please post the notice of rejection when you get it and we'll advise on the next steps.
Also please give us the PCN number.
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It looks OK, but don't expect them to roll-over and cancel, they just want your money !
I have to say the YBJ doesn't look as "invisible" as you make out, having looked at your photos. Anyway, submit your reps, then post-up their response when you get it. It is always possible they will shoot themselves in the foot.
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Conscious that I need to submit this by tomorrow -
Is anyone kindly able to advise if the above letter is okay and attached evidence? Please.
Thanks.
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Hi,
This is what I have typed to appeal my PCN.
Is it okay or do any amendments need to be made?.
I am also attaching the document with Video evidence and Photos as a separate Word Document which I will be sending along with the below.
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I am challenging this PCN that the alleged contravention did not occur -mainly on the grounds of the visibility of the box junction to the oncoming driver and the ensuing poor quality of the actual yellow criss-cross lines.
The box junction markings are badly faded, especially across where the vehicle tyres go over; it is not possible for the driver to see them when approaching the box junction.
The other point of note, is that the CCTV view is from the pole camera high up and DOES NOT not reflect exactly what a driver can see from within the car at ground level, given that the lines are faded.
In addition, I was travelling directly behind the TFL bus and free flowing traffic. I was unable to see the box junction before I entered it as my view was obscured by the bus. Importantly, the bus stop is located DIRECTLY too close/soon after the box junction, when it made a stop. For an oncoming driver, it would be highly unlikely to make a reasonable stop, before the junction. As a result, and combined with the faded box junction lines, the driver will find themselves effectively in the box junction, in effect finding himself trapped. Essentially, there needs to be at least one car’s length, so that a car can safely stop behind the bus and thus avoid the box junction without being trapped, as is the case with how the current layout of the junction now appears.
In conclusion, due to the poor visibility of the faded box junction lines, I was thus not able to see it until I was effectively ON TOP of the box junction, by which time it was too late.
It is not possible for me to show the actual drivers view at the time, however please find attached a photo and video evidence from site giving an idea. Please note the attached photo evidence (taken after the incident) does not show any vehicles in front of my car. On the day of the alleged contravention, there was much free flowing traffic and the ‘big’ TFL bus in front of my car.
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Thanks.
[attachment deleted by admin]
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Also,can't understand why the council have put a box junction there? Could they not have just marked the area as ' Keep Clear'? especially given that the bus stop in near the junction.
Of course they could, but it wouldn't make any money ! Sorry to be so cynical, but the really, really, cynical people can be found in councils, not here on this forum.
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Thanks for your replies.
Is there any specific area/para/part I would need to quote from the The Traffic Signs Regulations and General Directions (TSRGD) 2016 to help
@Pastmy Best - agree that one is not aware of the bus stop being there so close to the junction and the sudden stopping of the bus in free flowing traffic, does not give one sufficient time to react to stop. It's a trap as by the time you realise you need to stop you have entered the junction.
Also,can't understand why the council have put a box junction there? Could they not have just marked the area as ' Keep Clear'? especially given that the bus stop in near the junction.
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There should not be a bus stop so close to the box, you could not expect that the free flowing traffic would halt, given that the markings are faded you could not see the box in time to react and stop short, also the markings extend beyond the junction at the front if they were as specified you could have avoided the box
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A photo of the driver's view would be helpful, (essential !), if this is to form part of your reps against the PCN.
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Just bumping this up.
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Hi,
I received a PCN. Date of contravention:6/04/2024 Date of notice: 18/04/2024
Contravention Code: 31J - Entering and stopping in a box junction when prohibited
Location: MTC-Cricket Green j/w Bramcote Avenue
London Borough of Merton
Is there any chance of challenging this? - mainly on the grounds of the visibility of the box junction. The box junction markings are badly faded so it is not possible for the driver to see whether they were approaching the box junction. The other point of note, is that the CCTV is from a camera high up on a pole and does not reflect exactly what a driver can see from within the car at ground level, given that the lines are faded.
Or it there any other way of challenging this PCN?
Have attached the PCN notice and the video link below.
https://drive.google.com/file/d/1SUt5xeAdP2RkVbbEz_-lixInItOTNjh8/view?usp=sharing
Would appreciate any help.
Thanks.
[attachment deleted by admin]