Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: rad_car on May 12, 2024, 12:39:07 pm
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@rad_car what's the date of the notice of rejection?
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Thank you for your guidance. Unfortunately, I cannot find the original PCN letter.
I have uploaded the 4 pages in full (absent name and address)
Please find below the link to the clearer images.
https://imgur.com/a/pcn-barnet-QFF5iwj
- The car is registered to me and have the V5C
- Correct. We are the car in the middle behind the blue car
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A Toyota? I cannot reconcile the OP's different times of entering.
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@rad_car please read the guidance here https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/ and upload the original PCN and the notice of rejection in full, redacting only your name and address. We need to see all the text (including anything that appears "standard" wording), all the dates etc. The only thing we don't need to see is the tribunal appeal form.
Also please confirm if the car is registered to you and you have the V5C, or whether the car is leased or hired.
In the meantime here's the video:
https://www.youtube.com/watch?v=8z1P-8lhwlw
Am I right in thinking your car is the middle one to get stuck in the box, behind the blue car?
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I received a PCN from Barnet council for "Entering and stopping in a Box junction" at High Street (EN5), junction with St. Albans road just over a month ago.
Location:
https://maps.app.goo.gl/DxbzP3DgBANZKgS28
At the time I was taking a right onto St. Albans Road. It did not at the time feel that I had stopped in the hatched area, but perhaps the traffic was slow moving at the exit. The evidence enclosed show that on 28th Feb 2024:
At 10.15:33 - the vehicle had not entered the box
At 10.15:41 - the vehicle was crossing the junction
At 10.15:43 - the vehicle was on the verge of exit
At 10.15:50 - the vehicle was on the verge of exit (stationary for 6-7 seconds)
Evidence:
https://imgur.com/a/h2AgHfU
I appealed on the website on the following grounds:
"Your Notes: The Highway Code clearly states that you must not enter a Yellow Box Junction unless your exit is clear or if you are turning right but need to wait in the box because of oncoming, moving traffic. In this case one can clearly see from the time stamps in the video that the traffic was moving and there was a reasonable flow of traffic. From the time entering the box which can be confirmed at 10.15:41 (the prior image was outside of the box) our car can be seen exiting at 10.15.43. There is clearly no stopping within the box and we see no grounds whatsoever to be receiving this PCN. We intend to appeal to the highest level if this is rejected."
The evidence suggests a period of 6-7 seconds that the vehicle was stationary.
The council rejected my claim (attached) quoting Highway code rule 174 "Box junctions....MUST NOT enter the box until your exit lane is clear"
Are there grounds to appeal? If so please advice
Thank you