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« on: January 19, 2025, 06:03:59 pm »
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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