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Messages - willdudeuk

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@cp8759

Please see the reply to my representation from Waltham Forest Council.

As suspected they have rejected the notice of representation.

Looks like next steps are to appeal / go to the London tribunals.





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Hi @H C Andersen,


The registered keeper is someone else, not me.


I've given them the information via this forum post to enable them to challenge the PCN and therefore it

is all in there name and details provided align with the V5C.


Apologies for not being clear, it was a bit of a rush to get this challenge in before the 14 day

discounts period expired.

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DRAFT PCN CHALLENGE if you can feedback any improvements or errors. Thanks.


Dear Waltham Forest Council,

After reviewing the images and video evidence provided for this PCN the contravention (31 - entering and stopping in a box junction when prohibited) did not occur.

The contravention is only enforceable if the motorist enters the box, then has to stop in the box due to the presence of stationary vehicles.

This was not the case for the alleged contravention. There weren’t any stationary vehicles ahead of me to cause me to stop in the box.

There was room to exit the other side therefore no contravention occurred.

Please see The The Traffic Signs Regulations and General Directions 2016 (TSRGD 2016) Statutory Instrument 2016/362
Page 168 Box Junctions where this is referenced from.

I have attached a screenshot of the page in question as an attachment to this representation.

Link to document also provided here:

https://tsrgd.co.uk/pdf/tsrgd/tsrgd2016.pdf

The contravention did not occur and therefore the PCN cancelled.

Regards

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Thank you, so for my representation what should I put together / write to the Council?

Simply no contravention occurred as per your explanation? Is there anything I can reference where this comes from is it highway code rule or similar?

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Thank you @Incandescent @mickR for your replies.

So when you say...

"The contravention is only made out if the motorist enters the box, then has to stop in the box due to the presence of stationary vehicles."

Why is that the case? Is that because the whole vehicle didn't stop in the box junction? Ahead of the box junction there are stationary vehicles. Think I am missing the point?

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Looking for some help (on the behalf of a friend) with the following PCN for stopping in a box

junction.


As you can see from the images and video / CCTV the vehicle stops partially in the yellow box junction

to allow oncoming traffic to turn right as the road ahead is blocked.


Is there a way of contesting and overturning this PCN please?



@cp8759 - when you get a moment please take a look, thank you.



Google Maps Location Link


IMAGES








PCN Video Evidence

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Got a reply....

And it was a notice of rejection. Which I shall attach here.


@cp8759 - did they click on the link in the body of the representation I sent, I am not sure how I can check?








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Morning @cp8759,

Still not heard anything back regarding the representation.

Is 15 days working days?


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OK @cp8759 I shall submit it online as per your instructions and ensure I take a snapshot of the confirmation page. Fingers crossed. Thank you for all your help.

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@cp8759

Please find 1st draft below (it will need some work but at least there is a framework we can do something with now):


TfL – Transport for London
Red Routes
PO Box 335
Darlington, DL1 9PU

Re: Penalty Charge Notice [PCN Number: GX14225559, Vehicle Registration: AP08MLY]

Dear Sir/Madam,

I am writing to appeal the penalty charge notice (PCN: GX14225559) issued to me on [10/04/2024 / Contravention Date and Time: 07 April 2024 at 11:32 for contravention Code 31 - entering and stopping in box junction. I believe there were mitigating circumstances that contributed to this violation.

On the day in question, I was travelling home for my late Father’s remembrance in light of his Birthday which was delayed due to availability of Family members. Due to this I was suffering from anxiety and had not slept well. When approaching the junction I had a lapse in concentration and found myself unable to avoid entering the YBJ.

I would like to emphasize that I always strive to adhere to traffic regulations, and this incident was an exception due to the unforeseen circumstances mentioned above. I have attached my Father’s death certificate to support my appeal. (Insert URL / link with click counter)

I kindly request that you review my case and waive the penalty charge. Your understanding and consideration in this matter would be greatly appreciated.

Thank you for your attention to this appeal. I look forward to your response.

Yours sincerely,

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Morning @cp8759, I've got a copy of the certificate now, so will get typing up a representation and post it up here for advice and help if that's ok. Would ideally like to get it submitted today 7 days before the due date of 7th May. Thank you.

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Thank you for taking the time to answer my questions and get back to me so promptly @cp8759 it makes a lot more sense now.

I shall get a draft written up and obtain a copy of the death certificate as I don’t have it to hand.

Need to act on this quickly before the 7th May so I can still have the opportunity to pay the reduced fine of £80 if the representation doesn’t work.

Hopefully they don’t click on the evidence so I can take them to the tribunal under statutory grounds for failure to consider. Fingers crossed!

Thank you once again.

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Thanks @cp8759

I am not sure I have any reasonable mitigation I can offer.

There has been a family bereavement but it’s probably not recent enough (over a year ago).

Unless you can down the route I was having a particularly low day post the Birthday of the passed close family member (my Father). But the birthday is mid March.

Regarding the strategies you provide in your link I have a few questions.


Strategy 1

How would I make an appeal to the authority’s discretionary power not to enforce? Is that applicable here for TFL? The council for the area the contravention occurred would be City Of Westminster.

What do you mean that the tribunal cannot allow an appeal on this basis? Is that my right to appeal or TFL?


Strategy 2

How do I setup a page with a link for the image or video evidence that has a click counter?

Also what evidence what that be? Could it be anything or does it need to be meaningful and related to the mitigating circumstances?


If you could kindly help me with drafting a representation to TFL. I would be eternally greatful @cp8759   

Thank you


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