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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aramparsa on October 01, 2023, 12:17:11 pm

Title: Re: Wandsworth Council PCN for Stopping in Yellow Box - Advice Needed
Post by: cp8759 on October 02, 2023, 12:06:32 pm
Video:

https://www.youtube.com/watch?v=aUc3JBWOCNY

Please post the actual PCN, as I can't see a challenge against the contravention having much hope.
Title: Re: Wandsworth Council PCN for Stopping in Yellow Box - Advice Needed
Post by: Hippocrates on October 01, 2023, 04:25:04 pm
Link to video does not work. I get an error message from the council website.  However,   Essoo case in Key Case.

https://www.londontribunals.gov.uk/sites/default/files/keycases/Gillingham%20v%20Newham%3B%20Essoo%20v%20Enfield%3B%20Khan%20v%20TfL.doc




37 We have had regard to the relevant paragraph advising motorists in the Highway Code. The warning is “ You must not enter the box until your exit road orlane is clear.” However we are of the view that this steps rather beyond what is required by the Regulation. A driver may exercise a prediction in his judgment as to whether the exit space will be clear. He is not to blame if the exit is thereafter blocked by an unexpected event such as the intervening action of another vehicle cutting into his right of way without warning.
Title: Wandsworth Council PCN for Stopping in Yellow Box - Advice Needed
Post by: Aramparsa on October 01, 2023, 12:17:11 pm
Hi guys,


Hope someone can help me here, Received a penalty charge for stopping inside the yellow box in 31 J.


PCN: WA88971990
Registration number: LR17YZK
Link to the video: https://parking.wandsworth.gov.uk/pcn/Home/GetPCNDetails

My argument was going to be:
The car in front of me stopped suddenly where he wasn't supposed to and although I honk my horn, he didn't move and he had enough space to move forward.
The car on the front didn't advance on time because of red light although he could.


Please let me know how best to challenge this charge?


Thank you in advance 😊