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Messages - john_s_wf

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1
Someone else more helpful will come along but I'm pretty certain that the council would have no chance at adjudication.

2
Looks like a complete hash to be: -

The Road Traffic (London) Act 2003, Section 16(3): This legislation specifies that a vehicle must not stop within a box junction unless it is unavoidable due to stationary traffic. In my case, my vehicle did not stop within the junction but only briefly entered the end of the box, where there was sufficient space to move forward and exit without causing obstruction.

The Highway Code (Rule 174): This rule specifies that drivers should only stop in a box junction when they are prevented from moving by stationary traffic. As seen in the footage, I did not remain stationary in the box but was able to continue forward.

4
How did the circled car get there?


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6
https://www.walthamforest.gov.uk/neighbourhoods/3gs

FPNs seem worse than pcns. If they don't accept your appeal next step is magistrates court and risk of "criminal conviction".

7
From the council photo between where the old single yellow and white zigzag line was (if this helps)


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8
Did you satisfy all corresponding parts of 3c or 3d?

Also, I have to ask, if your wife was in the car & you had a blue badge, why didn't you just legally park in the road or one of the many parking spots or blue badge spots within a few tens of metres?
Those of us who walk to these shops and have children who walk along here hate all of the pavement parking.

9
Others will good better advice but I've pointed out that the road given is wrong. That may be helpful.

10
Isn't the location wrong? It's billet road. The bus stop is guildsway.

11
Hi,

So assistance with next steps please. I assume the adjudicator website takes text and pictures so I'll structure as below. Also is it worth complaining about the response in the appeal or is that just pointless noise on my part?



I am appealing against the PCN issued by Waltham Forest for "Entering and stopping in a box junction when prohibited".
As per my diagrams and explanation to them 'The contravention did not occur. The car did not stop in the box junction "due to the presence of stationary vehicles" as required for the offence, but to allow pedestrians to cross.'

Paragraph 11(1) in Part 7 of Schedule 9 to the Traffic Signs Regulations and General Directions 2016 makes it clear that the offence is stopping within the box "due to the presence of stationary vehicles". This did not occur as shown below

My car is 4.6 metres long.

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This is a screenshot of where the car in front stopped: -

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This is a view from google maps with measurements to show there is ample space for my car to fit. It could either have driven directly forwards or even towards the righthand side.

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In addition, I would like to complain about the response from the council. The legislation makes it clear that they should "consider the representations and any supporting evidence which the recipient provides" and that the handling of decisions is a "quasi-judicial function". From this I would expect them to carefully consider my point under the legislation. I do not believe they did this, indeed the 'custom' portion of their template response rejection just stated "Please be advised that a contravention is committed if any part of the vehicle including either the front/back wheels are stationary in the box regardless of the length of time involved. The CCTV footage confirms the vehicle was stationary in the box junction." This obviously goes no way to addressing my argument bearing no relation to it.

Regards,

John

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13
Thanks, so I take it to adjudicator with the same argument?
Is there an additional argument that the council obviously hasn't "consider the representation and any supporting evidence" as they are required to do despite their claim to have "carefully considered"?

John

14
Hi, so I sent them this challenge: -

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I then received this rejection

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If anyone could help me with some pointers on the next steps please?

Thanks.

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15
Thanks,

I just noticed when going to put in my representation that I am restricted to only one choice. That seems to be raised as an issue here - https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lb-redbridge-53j-failing-to-comply-with-a-restriction-on-vehicles-entering-a-ped/15/ - so is that also worth noting?

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Thanks.

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