Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aliraza on April 26, 2024, 10:50:48 pm

Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: cp8759 on May 27, 2024, 03:53:23 pm
@Aliraza I'll drop you a PM.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: meaty on May 21, 2024, 05:47:07 pm
Quote from: Aliraza on May 21, 2024, 12:11:44 pm
Many thanks for your reply, can you plz guide me what should I do to fight this all the way. I don’t care if the penalty increases or they refuse my appeal.
Some text for appeal:

Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 states that “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.”. When I entered the box there was space to receive my vehicle on the exit of the box, however, as stated in my original appeal and shown in the video, it was taken by another vehicle unexpectedly changing lanes.

In addition schedule 1 (7)(a) of London Local Authorities and Transport for London Act 2003 specifies that the authority must consider representations made. The notice of rejection does not specifically address the points I made which shows they have failed to comply with this.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on May 21, 2024, 12:11:44 pm
Many thanks for your reply, can you plz guide me what should I do to fight this all the way. I don’t care if the penalty increases or they refuse my appeal.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Incandescent on May 21, 2024, 09:20:27 am
It's the usual Fob-Off letter almost all of which is just a description of yellow box junctions and what they imply to a motorist. They totally fail to consider your reps and also erroneously refer to "mitigating circumstances". You have not claimed any mitigation, only that you had a space at the box exit when you decided to enter the box. I would take this all the way.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on May 21, 2024, 09:10:01 am

Dear Respected Members,

My appeal has been rejected. I have uploaded the recent correspondence and am looking forward to your kind advice on this matter.

Thank you.

[attachment deleted by admin]
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on April 30, 2024, 10:08:00 am
Many thanks, PCN challenged and I will keep you posted.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: cp8759 on April 29, 2024, 11:38:07 pm
Draft representation:

Dear London Borough of Barking and Dagenham,

I challenge liability because the alleged contravention did not occur. I approached the box in lane 1 and a red car war travelling to my right in lane 3, which is the lane for traffic travelling round the roundabout rather than taking my exit. The red car unexpectedly cut across my lane and took the place beyond the box that I had reasonably anticipated would accomodate my car.

In the circumstances the contravention did not occur, and I invite you to cancel the penalty charge.

Yours faithfully,

Send it online and make sure to keep a screenshot of the confirmation page.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on April 29, 2024, 10:01:58 am
Quote from: Aliraza on April 29, 2024, 10:01:05 am
Here is the remaining part of the PCN.
@cp8759

[attachment deleted by admin]
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: cp8759 on April 29, 2024, 12:38:30 am
@Aliraza please post the remaining pages of the PCN.
Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on April 27, 2024, 11:12:55 pm
I would appreciate if someone could provide me with a template for fighting this PCN, or subsequent action.

Title: Re: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Incandescent on April 27, 2024, 12:22:51 am
Very, very, poor, practice in putting a light-controlled pedestrian crossing almost directly after the YBJ !

The video shows the red car probably vastly exceeding the speed limit, shooting round into your path, before you would have had any time to react and stop before entering the box. I would be tempted to take this to adjudication at London Tribunals, but you'd have to risk the full PCN penalty. I would have thought any adjudicator worth his salt would at least receive your appeal favourably.
Title: 31J Entering and stopping in a box junction (Camra Enforcement) Gurdwara Way Barking
Post by: Aliraza on April 26, 2024, 10:50:48 pm
I received a penalty notice, and any assistance in this matter would be highly appreciated. The incident occurred when the red car unexpectedly merged from the inside lane of the roundabout into the first lane. This maneuver was particularly surprising because both the first and second lanes continue straight, and they merge into one after the traffic light. It seems illogical for the driver of the red car to merge into the first lane and obstruct my path. If the red car had returned to their lane while I was entering the box, the situation would have been different.


Here is the link to see the video.

https://youtu.be/3LRLnW5hswE

The pic of PCN is also attached.

[attachment deleted by admin]