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PCN - Yellow Box Junction Shaftesbury Avenue WC2
Bazza1964
post Fri, 28 Sep 2018 - 17:04
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Hi I hope someone can assist with the latest PCN recieved by my company on the 26/09/18.

I have tried to review video evidence on-line but I am unable to download it as my browser is not compatible? Can I request details direct from Camden and if so will this start the appeal process?

I reviewed pics submitted - 1st pic time 08.54.02, 2nd 08.54.13, 3rd 08.54.15 & 4th 08.55.15.

I do recall that at time of alleged offence, trafalgar square was closed due to emergency road repairs in which caused more traffic than usual in surrounding area and gridlocked in places. I remember approaching the junction when suddenly various vehicles were crossing lanes in front of me, including buses in which blocked my original clear access.

Also on reviewing the PCN, should it not state a contravention code or exact location due to 8 box junctions on Shaftesbury Avenue? I was crossing Shaftesbury avenue as I was actually on Bloomsbury. I drove down there today and could not see any appropriate signage apart from bus lane cameras.

Finally will it be Friday 5th October to submit appeal to still recieve 50% reduction?

Many Thanks for looking.

This post has been edited by Bazza1964: Fri, 28 Sep 2018 - 17:17
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post Fri, 28 Sep 2018 - 17:04
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PASTMYBEST
post Wed, 14 Nov 2018 - 16:55
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QUOTE (hcandersen @ Wed, 14 Nov 2018 - 16:47) *
The law states that the recipient of the NOR may appeal.

OK, it presumes that the authority would not co*k-up, but they have.

The OP should definitely not hold themselves out as being the owner's rep which IMO would only serve to drag defeat from the jaws of a potential victory.



I agree but I just can't reconcile with effectively asking a favour of the tribunal, coz if they grant it have they stepped outside the process? perhaps edit out these words

QUOTE
on behalf or the owner,


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cp8759
post Thu, 15 Nov 2018 - 12:29
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The law on this topic is clear:

Where an authority serves a notice of rejection under regulation 5(2)(b) in relation to representations made under regulation 4, the person who made those representations may appeal to an adjudicator against the authority’s decision

So if a NoR has been served, the person who made reps has a right to appeal. If the enforcement authority wrongly accepted reps from a third party, that's their PI, but it doesn't deprive the NoR recipient of his right to appeal.


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hcandersen
post Thu, 15 Nov 2018 - 13:00
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+1 and with respect can this be parked, the law is clear: the authority's mistake has conferred this right upon the OP.

And to repeat, the purpose of this in the narrative is not to ask permission, it's to bring the authority's c**k-up to their and TEC's attention, almost en passant.

With of course the implied threat/promise that it would be presented at length in any full appeal.

This post has been edited by hcandersen: Thu, 15 Nov 2018 - 13:01
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cp8759
post Thu, 15 Nov 2018 - 14:59
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Right so we seem to think the best chances are given by the sum of: hcandersen's narrative opening, PASTMYBEST's taxi reps, followed by my three technical grounds.

PASTMYBEST, do you want to draft something re: the taxi?


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PASTMYBEST
post Thu, 15 Nov 2018 - 15:11
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QUOTE (cp8759 @ Thu, 15 Nov 2018 - 14:59) *
Right so we seem to think the best chances are given by the sum of: hcandersen's narrative opening, PASTMYBEST's taxi reps, followed by my three technical grounds.

PASTMYBEST, do you want to draft something re: the taxi?


Yes I will do so later tonight


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PASTMYBEST
post Fri, 16 Nov 2018 - 14:23
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QUOTE (PASTMYBEST @ Thu, 15 Nov 2018 - 15:11) *
QUOTE (cp8759 @ Thu, 15 Nov 2018 - 14:59) *
Right so we seem to think the best chances are given by the sum of: hcandersen's narrative opening, PASTMYBEST's taxi reps, followed by my three technical grounds.

PASTMYBEST, do you want to draft something re: the taxi?


Yes I will do so later tonight


bump for myself


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Neil B
post Fri, 16 Nov 2018 - 17:46
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QUOTE (PASTMYBEST @ Fri, 16 Nov 2018 - 14:23) *
QUOTE (PASTMYBEST @ Thu, 15 Nov 2018 - 15:11) *
QUOTE (cp8759 @ Thu, 15 Nov 2018 - 14:59) *
Right so we seem to think the best chances are given by the sum of: hcandersen's narrative opening, PASTMYBEST's taxi reps, followed by my three technical grounds.

PASTMYBEST, do you want to draft something re: the taxi?


Yes I will do so later tonight


bump for myself

Yeah but -
QUOTE (Bazza1964 @ Tue, 13 Nov 2018 - 21:48) *
if my company responds tomorrow to go ahead with appeal ?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Fri, 16 Nov 2018 - 18:34
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QUOTE (Neil B @ Fri, 16 Nov 2018 - 17:46) *
QUOTE (PASTMYBEST @ Fri, 16 Nov 2018 - 14:23) *
QUOTE (PASTMYBEST @ Thu, 15 Nov 2018 - 15:11) *
QUOTE (cp8759 @ Thu, 15 Nov 2018 - 14:59) *
Right so we seem to think the best chances are given by the sum of: hcandersen's narrative opening, PASTMYBEST's taxi reps, followed by my three technical grounds.

PASTMYBEST, do you want to draft something re: the taxi?


Yes I will do so later tonight


bump for myself

Yeah but -
QUOTE (Bazza1964 @ Tue, 13 Nov 2018 - 21:48) *
if my company responds tomorrow to go ahead with appeal ?



It was my 60th on Wednesday, family commitments would not allow me any time OP can always register his appeal with details to follow


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PASTMYBEST
post Sat, 17 Nov 2018 - 14:46
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Start your appeal with something like this

I made representations to the effect that I had a clear exit from the box, but a taxi cut across me from the right taking that space. The council rejected this representation stating that this happened before I had entered the box.

Strictly this may be correct however examination of the video shows it happened within a vehicle length before entry to the box by my vehicle. There was only one second between the taxi cutting in front of me and my entry to the box.

In the traffic conditions prevalent at the time, I contend and would do so with experience that it would be impossible for me to stop in a normal safe manner in such a short distance and time. As such I had to enter the front of the box to avoid the risk of an accident.

Having been forced to enter the front of the box and thus being in contravention I made a decision to attempt to clear the box. The taxi now in front of me being still moving at that time. I then, seeing that there would not be enough space moved to the right and attempted to clear as much of the box as possible. This action I believe minimised any disruption to traffic flow brought about by the actions of the taxi drivers lack of consideration to others

In summary I contend that,
My entry to the box was clear on approach
On entry to the box I was cut up by a taxi that took the space available to me in my lane
The incursion into the box, once forced upon me was de minimis, mot in the length of time in the box but in effect on traffic management


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