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Yellow Box Junction Shepherds Bush Road
Pacman01
post Fri, 8 Dec 2017 - 21:51
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I received a yellow box junction PCN today and was wondering what you guys think?

It seems a bit harsh to me, as I had no other vehicles behind me, the lane to my left was clear as you can see when the white vehicle pulls in at the end and the lane to turn right onto Brooke Green is also clear. The traffic behind is on a red light and I am only partially in the yellow box and am not blocking the junction, in my opinion.

The footage can be viewed at https://viewmypcn.co.uk/view.aspx

What do you think my chances are if this went to PATAS? Is the wording on the PCN correct, do you think I could argue de minimis or what grounds do you think I should appeal on?

Any help is greatly appreciated, thanks.
Attached File(s)
Attached File  PCN_Page_1.pdf ( 1.03MB ) Number of downloads: 147
Attached File  PCN_Page_2.pdf ( 652.3K ) Number of downloads: 316
 
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post Fri, 8 Dec 2017 - 21:51
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stamfordman
post Wed, 21 Feb 2018 - 12:04
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Well done. I'm concerned though that the adjudicator wouldn't consider de minimis and presumably the traffic conditions and nature of the junction.
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John U.K.
post Wed, 21 Feb 2018 - 12:59
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Well done smile.gif
Have you a case number to help others?
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jimbojones123
post Wed, 21 Feb 2018 - 15:48
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Congrats! I've just received an identical pcn as you on the same road, it seems as though the adjudicator had no problem with the pcn but rather the response for the council, still worth a shot fingers crossed
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Pacman01
post Wed, 21 Feb 2018 - 19:39
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The case number is 2180033183. The adjudicator said they will send me a letter, which I'll post on here once I receive it.

jimbojones123 I would suggest you create a new post to see if the cctv footage etc shows anything. However, if you use the appeal templates, you could be fortunate and LBHF don't reply to your points raised, as happened with me.
The adjudicator did stress to me that they are not bound by other rulings in the same way that higher judicial process would be, ie crown court, although they did take time to review the case we mentioned in the initial appeal, so make of that what you will.
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Pacman01
post Thu, 22 Feb 2018 - 12:02
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https://postimg.org/image/arl29tat9/

https://postimg.org/image/65oy1i7al/

https://postimg.org/image/qpts002h9/


As promised, here is the adjudicator's decision. It differs slightly from what was told to me face to face, as the adjudicator "does find parity in the present instance" namely case 2170482941. I hope this is helpful.
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Mr Meldrew
post Thu, 22 Feb 2018 - 22:37
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Synopsis

LBH&F: angry.gif Bla, bla, bla, “I have carefully considered” bla, bla, bla.
Pacman01: unsure.gif Really? Where?
LBH&F: icon_joker.gif In the Case Summary!
Pacman01: laughing4.gif
Adjudicator: ohmy.gif
LBH&F: cussing.gif
Pacman01: bootyshake.gif (my suggestion)

occasion14.gif



--------------------
I do tend to have a bee in my bonnet re failing to consider and fairness
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PASTMYBEST
post Thu, 22 Feb 2018 - 22:48
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QUOTE (Mr Meldrew @ Thu, 22 Feb 2018 - 22:37) *
Synopsis

LBH&F: angry.gif Bla, bla, bla, “I have carefully considered” bla, bla, bla.
Pacman01: unsure.gif Really? Where?
LBH&F: icon_joker.gif In the Case Summary!
Pacman01: laughing4.gif
Adjudicator: ohmy.gif
LBH&F: cussing.gif
Pacman01: bootyshake.gif (my suggestion)

occasion14.gif



That was a well crafted appeal, not ashamed to say i will likely nick it when the time comes. Well done OP and Mr meldrew icon_salut.gif


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mr Meldrew
post Thu, 22 Feb 2018 - 23:18
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QUOTE (PASTMYBEST @ Thu, 22 Feb 2018 - 22:48) *
QUOTE (Mr Meldrew @ Thu, 22 Feb 2018 - 22:37) *
Synopsis

LBH&F: angry.gif Bla, bla, bla, “I have carefully considered” bla, bla, bla.
Pacman01: unsure.gif Really? Where?
LBH&F: icon_joker.gif In the Case Summary!
Pacman01: laughing4.gif
Adjudicator: ohmy.gif
LBH&F: cussing.gif
Pacman01: bootyshake.gif (my suggestion)

occasion14.gif

That was a well crafted appeal, not ashamed to say i will likely nick it when the time comes. Well done OP and Mr meldrew icon_salut.gif

The OP was understandably reluctant go with a newcomer’s (relatively) opinion until an old hand encouraged him.


--------------------
I do tend to have a bee in my bonnet re failing to consider and fairness
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