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Wandsworth Council J31, Entering and stopping in a junction box when prohibited
LMN
post Thu, 12 Jul 2018 - 12:26
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I wonder if someone can help me.
I have received a Penalty Charge Notice from Wandsworth Council.
The allege traffic contravention
“31 J Entering and stopping in a junction box when prohibited”
At 15:05:11.263 I entered the YBJ as the traffic in front was moving and the traffic light was green I had a reasonable expectation of being able to clear the YBJ without stopping
At 15:05:19.593 the traffic light turns amber while I was still in motion
At the most I could have been stopped in YBJ for 8 seconds
Do I have any chances appealing?
https://youtu.be/-g8jKEbh3zc

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post Thu, 12 Jul 2018 - 12:26
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hcandersen
post Fri, 20 Jul 2018 - 08:02
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When you entered the YBJ and all the way across you couldn’t see further ahead than the back of the bus, effectively the bonnet of your car.
You were in a single carriageway road, so your exit was totally limited by the bus ahead (and the one ahead of that!).
You had no idea about traffic conditions ahead.
You did not have, or shouldn’t have had, any expectations that you could exit the junction without stopping. This line would be rejected out of hand by an adj, so we might as well put it of the way now.

So what remains?

You’ve apparently made reps, but we don’t know when and we’ve not seen them.

If you have, then wait until the inevitable rejection comes back.

As regards miswordng, I cannot see this. The payment references are 28 days beginning on the date of the notice, the appeal references have a different reference date i.e. date of service. As far as I can see, the PCN complies. Section 4 and Schedule 1 apply:
https://www.legislation.gov.uk/ukla/2003/3/...edule/1/enacted

And if you want to consult the video but it is not online, then ask them for it. An adj would give short shrift to someone who for perhaps weeks wanted to view the video but didn’t raise the matter with the authority and instead tried to make this part of their grounds of appeal(not that it is).

This post has been edited by hcandersen: Fri, 20 Jul 2018 - 08:05
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PASTMYBEST
post Fri, 20 Jul 2018 - 08:22
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Its a long case, and reviewed so I have edited to only the relevant part


2170053479


It is completely understandable, for the reasons set out above, that the original Adjudicator may have missed a point that had greater credence than perhaps first appeared amongst many others.
Section 4(8)(a) of the London Local Authorities and Transport for London Act 2003 provides that A penalty charge notice under this section must [amongst other things] state … (iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; … (v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable; (vi) the amount of the increased charge; … and (viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to the Act; and (8)(b) requires that they specify the form in which any such representations are to be made.
Paragraph 1(3) of the Schedule provides that the enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.
Mr Atlas correctly points out that in this case the Penalty Charge Notice states: ‘The penalty charge of £130 must be paid not later than the last day of the period of 28 days beginning with the date of this notice. If the penalty charge is not paid before the end of the 28 day period and no representations have been made, an increased charge of 50% to £195 may be payable and a charge certificate may be issued.’
Mr Atlas submits that this wording is not compliant with the requirements of the 2003 Act and, further, effectively limits the time he has to make representations.
I accept this submission. The wording does not comply with the requirements of the Act and therefore effectively limits the time a recipient has to make representations or, indeed, to pay the full penalty charge before a Charge Certificate is issued.
I have not deal with it as it was not an issue but for completeness the same applies to the reduced penalty period, although the requirements for different types of penalty charge notices are not all the same.
However, whilst it may be understandable that the original Adjudicator missed this particular issue, I do find that it is a fundamental one. The Enforcement Authority have simply not complied with the statutory requirements.
Accordingly, I accept the application for review and the appeal must be allowed.
No other issue therefore need be determined.

original adjudicator Gerald Styles

Reviewing adjudicator Henry Michael Greenslade
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hcandersen
post Fri, 20 Jul 2018 - 09:37
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But ths PCN keeps payment and appeals references totally separate as far as I can see - in the quoted case the authority were foolish enough to link the two with the words ‘or representations made’.




(The legislation is a dog’s breakfast in that if payment is not made a power resides in the authority to issue a CC, but we know this is limited by their duty to accept reps made up to the end of the longer appeals period.

But there’s no reason to expect the average owner to know this. IMO, the only logical message from the combined effect of the payment and appeals criteria is that the authority might have to consider reps once a CC has been issued! But in practice rather than by legal requirement they stay issung a CC until the appeals period has ended. However, IMO disregarding reps made after the 28-day period AND after a CC has been issued should not be determined or affected by the fact that a CC has been issued, the decision to disregard must be made solely on the basis of the reasons for lateness supplied by the recipient.)

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