Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Marcus2018 on August 30, 2023, 02:13:15 pm
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Can you please upload the actual video rather than uploading a recording of the video playing on some other device? It's hard enough to have to watch something sideways but the whole stop / start thing makes it impossible to form an objective assessment.
After all, the adjudicator will watch the original video, not the sideways stop / start version. You can upload the original mkv file from TFL's DVD directly onto youtube or google drive.
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There are a few cases on the hippo thread re cases to assist arguments, not sure if CP has any coz not checked but i have at least one and possibly more ( i can think of one i won where Mr Teper was the adjudicator ) that must be on my old computer
IIRC it was LB Hammersmith & Fulham who were using seconds or rounding up/down on their PCNs for a time. It became possuble to show that at the time alleged the vehicle had cxl;eared / not entered the box. Possibly Talgarth roundabout and/or Kings Road/Bagleys Lane.
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I think the time issue is a valid argument but I've not seen it tested at tribunal so would be best to get input from someone more experienced in the sort of thing adjudicators like, such as cp8579
There are a few cases on the hippo thread re cases to assist arguments, not sure if CP has any coz not checked but i have at least one and possibly more ( i can think of one i won where Mr Teper was the adjudicator ) that must be on my old computer So the time issue is strong add as an alternative the de minimis and i would put the chance of winning at 70/30
I always say to OP's that are unsure, save the cost of a cup of coffee a week between now and when the case is decided if you lose by the time you had to pay you will save the difference if not the whole penalty amount but when you win you can treat your other half
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I think the time issue is a valid argument but I've not seen it tested at tribunal so would be best to get input from someone more experienced in the sort of thing adjudicators like, such as cp8579
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Do I stand a good chance at Tribunal or should I just pay the fine? Thanks all.
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de minimis is not the point the point is that at 15.42 the op was moving
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The video shows a stopped time of about 3 seconds. The car following was also in contravention by a bit longer. Three seconds could be considered de minimis, but there is no definition of this, so it would depend on which adjudicator you get at London Tribunals; some don't even accept de minimis at all. If you do decide to go to LT, the discount option is lost.
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Here is the youtube link, thanks all
https://youtu.be/qRuADbA0cT0?si=iGjAmuS70Fp480Q7
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I can't see the video can you put it on you tube of some other site that does not require that i create an account From Mr chips narrative it does sound like there is a viable argument
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Looking at the footage in isolation, it does seem to show a contravention (i.e. your car entered the box and then got stuck due to stationary vehicles).
The camera angle isn't great and the footage is very 'jumpy' so I've not spent much time pouring over possible defence arguments at this stage.
One thing that does occur is that there is no offence occurring at 1542, you enter the box at 1541 and by 1542 the car in front is already moving off (i.e. not stationary). Not sure if this is fatal to the PCN or not (seems de minimis to me).
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Amended thanks!
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Your link wont work, it wants somebody to give permission.
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I have received the cctv video as below:
https://drive.google.com/file/d/1LhxF1Ql85oFOEATrcFBdX4zr-BiZXjeN/view
The PCN letter stated that the contravention time was 15:42. However, from the cctv, the cars in front are actually moving since 15:42:00, and my car stopped for only 2 seconds from 15:42:00 to 15:42:02, can I use this as argument? Thanks all for the advice!
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Thank you and I will try to request the video.
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This being a TFL PCN, the only way to obtain the video is to call up and ask them to send it to you on a dvd. Do this without delay as they tend to take several days to arrive.
When you speak to them, ensure they put the discount period on hold (they do this as a rule so it should be automatic but best to double check).
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The evidence ios not the photos. The evidence is the video, which you need to obtain and post here.
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Hi all, I have received a PCN for entering and stopping in a box junction when prohibited.
However, the first photo showing my car stopping in a box junction only showed the first 5 digits of my car plate number and the last 2 digits are blocked. The second photo has shown my full number plate but it is not showing my car stopping in a box junction.
In this case, given the photo cannot show my full car registered number stopping in a box junction, can I argue that there is not sufficient evidence to prove that the car stopping in the box junction is in fact my car?
Please find the PCN and the photos below, thanks.
https://drive.google.com/drive/folders/1elKLJ2T1uExerrkh_LaXm-I_POqU5gOj
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