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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton - 31J box junction violation - Durnsford Road
« on: September 28, 2024, 12:37:42 pm »
Having contacted the lease company they know nothing of the PCN.
Council advises my details were passed directly from the DVLA.
I did attempt an appeal on the grounds of being outside the Limitation of Service and have just received correspondence that this has been rejected:
“We sent you a Penalty Charge Notice (PCN) because our camera evidence shows your
vehicle stopped on a yellow box junction (these junctions have yellow, criss-crossed
lines). The purpose of box junctions is to keep busy junctions clear and free-flowing. If
you are going straight across a box junction, you need to make sure you can cross it
without stopping. If you are turning right and your exit road is clear, you may stop on a
box junction while you wait for oncoming traffic to pass. We have looked again at the
camera evidence, as well as considering the points in your letter, and are satisfied that
the PCN was correctly given.
I have investigated the circumstances raised in your correspondence and have made
the decision to not cancel your notice. The reasons for my decision are set out below,
along with the options available to you at this stage.
You have stated in your correspondence that as the alleged contravention took place on
16/08/2024 and the date of the notice was 12/09/2024, you believe that this PCN
contravenes the Limitation on Service as per the act above- London Local Authorities
and Transport for London Act 2003 - Part 2, and therefore should be cancelled.
Please be advised that the notice falls well within the 28 day limit. Additionally, I would
advise that if the DVLA keep us waiting for keeper details, we have up to 6 months in
which to send the PCN. This is in accordance with the London Local Authorities Act
2003 Part 2 Subsection 6. In this instance, the PCN was sent within 28days are no
grounds in which to cancel the charge”.
They then reiterate the options I have, including a 14 day discount period to pay from today. I am thinking that I will have to just take the hit and pay it at this point, unless anyone has any bright ideas. The appeal process and extra time it has bought at least got me to next payday so it’s less of an issue.
Council advises my details were passed directly from the DVLA.
I did attempt an appeal on the grounds of being outside the Limitation of Service and have just received correspondence that this has been rejected:
“We sent you a Penalty Charge Notice (PCN) because our camera evidence shows your
vehicle stopped on a yellow box junction (these junctions have yellow, criss-crossed
lines). The purpose of box junctions is to keep busy junctions clear and free-flowing. If
you are going straight across a box junction, you need to make sure you can cross it
without stopping. If you are turning right and your exit road is clear, you may stop on a
box junction while you wait for oncoming traffic to pass. We have looked again at the
camera evidence, as well as considering the points in your letter, and are satisfied that
the PCN was correctly given.
I have investigated the circumstances raised in your correspondence and have made
the decision to not cancel your notice. The reasons for my decision are set out below,
along with the options available to you at this stage.
You have stated in your correspondence that as the alleged contravention took place on
16/08/2024 and the date of the notice was 12/09/2024, you believe that this PCN
contravenes the Limitation on Service as per the act above- London Local Authorities
and Transport for London Act 2003 - Part 2, and therefore should be cancelled.
Please be advised that the notice falls well within the 28 day limit. Additionally, I would
advise that if the DVLA keep us waiting for keeper details, we have up to 6 months in
which to send the PCN. This is in accordance with the London Local Authorities Act
2003 Part 2 Subsection 6. In this instance, the PCN was sent within 28days are no
grounds in which to cancel the charge”.
They then reiterate the options I have, including a 14 day discount period to pay from today. I am thinking that I will have to just take the hit and pay it at this point, unless anyone has any bright ideas. The appeal process and extra time it has bought at least got me to next payday so it’s less of an issue.
