Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hashim on September 05, 2025, 11:57:33 am
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Hippocrates
I am unable to send you the thread privately (not tech Savvy) so i am posting here.
The Council refused the initial appeal.
Based on your expertise is it worth taking it to the Tribunal based on technicality as oppose to the actual offence.
Thanks
Hashim
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Having looked at the video, it shows a clear contravention. You followed a car in front with no hesitation, and there was not sufficient space to take the whole of your vehicle, so the rear wheels stay in the box for over 7 seconds when the video stops, and your car is still in the box then.
So it is something of a gamble, if you want to take them to London Tribunals on Hippocrates suggested "technical" appeal. Technical appeals are not related to the contravention in any way, but on council mismanagement of the enforcement process. Of course it may well win, so I suggest you PM Hippocrates to ask what the odds of success are. Appeals like this have won in the past. Of course the full PCN penalty will be in play if you go to London Tribunals.
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so what's the play now...
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What a load of tosh their letter is. The contravention of stopping in a box junction is only made out, if the vehicle stops in the box due to the presence of stationary vehicles. A stop for anything else is not a contravention. The Highway Code guff on YBJs is a gross simplification, and is also not law.
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Good afternoon
I have received The Notice of Rejection of representation. Please see
https://imgur.com/a/DRdfqKa
What's next please.....
Thanks
Hashim
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Thank you.
I shall put this forward.
Thanks
Hashim
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I make this collateral challenge against the validity of the PCN as it is missing
mandatory information as provided at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
(v)that, if the penalty charge is not paid before the end of the 28 day period, an
increased charge may be payable.
Clearly, this refers to Para. 4 (8 ) (iii):
(iii)that the penalty charge must be paid before the end of the period of 28 days
beginning with the date of the notice;
Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make
representations before the end of a period of 28 days beginning with the date of service
of this notice an increased charge of £240 may be payable” adds to the lack of clarity by
its omission. Even on its own, whether the required information was included or not, it is
also arguable that it conflates the two periods using the word "or" which many would
view as being conjunctive. Furthermore, even if the statement were to be interpreted
disjunctively, there is still no clarity due to the missing information. So, it follows that it
cannot possibly be interpreted disjunctively.
Please cancel therefore.
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This is a council PCN so I have moved this post to the Civil penalty charge notices (Councils, TFL and so on) (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/) forum.
To help the users there provide you with the best advice, please read the following thread carefully and provide as much of the information it requests as you are able to: READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases (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/)
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Good morning.
This came through today which shows the driver entering and stopping in the junction box.
I've seen the footage which does not show the traffic lights being green at the time of the alleged offence and the vehicle in front did not move causing the driver to stop in the box.
Is there a successful appeal here.
Thanks in advance once again.
https://imgur.com/a/RPpiTHV
Ps. Its not allowing ne to attach the documents.
Hashim