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Messages - mrmustard

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1
Happy to be your free tribunal rep. Email mrmustard@zoho.com with the unredacted rejection and I will send an authority letter for signature

2
I now have the traffic order, The Newham (Stratford South East) (Parking Places) (No 1) Order 2010 which runs to 57 pages so I will simply give you the page which includes the bay, item 146 which is one bay 20m long which would hold 4 average cars.

The recent painting had therefore not been done by the council as I suggested to the council that the bay might recently have been altered.


3
I agree with stamfordman about the sign

4
What legal rights does each house have over the alleyway, just on foot or by vehicle?

You may find something in the documents your solicitor gave you when buying (if you ask the most recent incomer they are more likely to have the paperwork).

The council seem to be relying on it being for pedestrians to cross the road but it wasn't installed for that purpose and there aren't dimples in the paving to assist the blind.

5
Fair enough but having lost a similar case I am a little more cautious at the moment.
Always hard to know exactly where to draw the line.
I did win 7 of 9 yellow box PCNs at the tribunal in 2024.

2240307837 was the twitter featured pcn.

Mr Dishman appeared before me today on behalf of the appellant.

The council did not attend the hearing.

I reserved my decision.

The contravention alleged in these proceedings is that this vehicle entered and stopped in a box junction when prohibited.

Mr Dishman made submissions in accordance with his skeleton argument of 31/07/24.

I would accept that this box is marked in an unusual way but, my having considered the matter, and notwithstanding the marking of two horizontal lines in the middle of the box, diagonal lines are not out of kilter. I am satisfied that there is no ambiguity as to the prohibition on stopping this box conveys. I find that this box is marked in substantial compliance with the legal requirements.

The benefit of the right turn exemption is claimed.

The prohibition on vehicles entering and having to stop within a box junction due to the presence of stationery vehicles does not apply where a vehicle enters a box for the purpose of turning right it stopping in the box for so long as it is prevented from completing that right turn by oncoming vehicles or by other vehicles being stationery whilst waiting to turn right.

I am not satisfied on the footage that either of these criteria have been met and I am not accordingly satisfied that the exemption is applicable.

I find this contravention proved.



6
In reply number 3 you gave us FT64722658 and LS55WCU (you meant FR not FT). That is the vehicle which clearly has the PCN as I used the council website to watch it.

The black car behind, which I hadn't concerned myself about as it didn't get a PCN doesn't appear in the video until later and the camera operator, who appears to be a human, not a computer, has already selected an allegedly contravening vehicle to focus on.

Although the black car making its entry isn't shown we know that the exit was well and truly blocked to overflowing. If you haven't got a PCN you have been very lucky as you were 100%, in my view, in contravention.

I'm not going to give you any words to write (which experts don't generally do, they give you the ground and expect you to take it from there) as I think LS55WCU should pay the 50%.

If I am wrong about this and the thread has been hard to follow, start a new thread for the black car if the keeper has been issued with a PCN and see if any other expert thinks you have a hope in hell (you will gather that I don't).





(There was an error in my earlier post when I said 'black car' by which I meant the dark blue one - anyway the first car behind the white car. - Did you know that Guinness is dark red?)

7
I lost the case I put on twitter.

I watched the cctv on the Waltham Forest website.

The white car is ignored as it exited the box even though when it entered there was half a moving bus in the way.

The black car behind it entered when the exit space was blocked (freeze the cctv just as its wheels cross the line to prove this) and then it had to stop so was in contravention despite turning right. The idea is that the box becomes clear when the lights go red again and that because the exit is clear the cars which were queued up when turning right could get out the way before the other way goes green. If there is no space when you enter, the idea of the box, free flowing traffic, is frustated.

Given that you knew the car in front they wouldn't have been upset if you had gone close to them up the inside and got out of the box but that is to be wise after the event.

I would, if there is no other argument, pay the 50%

(I don't understand this explanation - It was my brother driving I was the black car behind and only he received a pcn I did not get one - as the car which got the PCN is LS55WCU, the black car)

8
Arrangements have been changed a lot in the last few months

9
You still covered up the pcn ref but luckily you missed it at the bottom so now we can assess the council's evidence. I play snooker about 400m from that bay so will take a look in the next few days

11
Please post it again without any redactions and also post the back. Many cases are won on wording errors

13
The pcn is our starting point, please post it up, complete

14
I made the formal representations on 8 February.

The vehicle is not in a restricted street but in a bay which the council have purported to suspend.

The sign restricts loading so if the correct alleged contravention was of waiting in a  restricted street during prescribed hours the correct code would be an 02 which also references loading/unloading.

Please cancel the PCN


The council have now cancelled the PCN.

15
I can do this for you if you email mrmustard@zoho.com There is a fatal error in the 28 day payment wording.

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