Purely Way yellow box junction |
Purely Way yellow box junction |
Sun, 15 May 2022 - 13:55
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#1
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Member Group: Members Posts: 55 Joined: 8 Dec 2018 Member No.: 101,369 |
Hi,
I’d be grateful for any advice re appealing a PCN from TfL, caught on CCTV stopping in a yellow box junction. https://www.dropbox.com/sh/qihu65catu70762/...O3-yEpwFqa?dl=0 Many thanks for your help |
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Sun, 15 May 2022 - 13:55
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Advertise here! |
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Sun, 15 May 2022 - 14:26
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I’ve asked Mod to move it to the correct (council and decrim) forum for you.
The video looks bang to rights to be honest so I think you’re looking at a technical defence. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 15 May 2022 - 14:55
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#3
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
This is hopeless - shame you didn't just drive out to the right as there was plenty of room there.
Is the case on hold. |
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Sun, 15 May 2022 - 14:59
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#4
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Member Group: Members Posts: 55 Joined: 8 Dec 2018 Member No.: 101,369 |
Sorry for posting in wrong forum. Yes, it is on hold due to asking for the footage on DVD. |
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Sun, 15 May 2022 - 15:49
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Add pages 3 and 4 of the PCN to your dropbox folder please.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 15 May 2022 - 18:01
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#6
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Member Group: Members Posts: 55 Joined: 8 Dec 2018 Member No.: 101,369 |
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Sun, 15 May 2022 - 18:22
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Can't see anything here at all, sorry.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 15 May 2022 - 20:35
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#8
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Member Group: Members Posts: 1,120 Joined: 10 Jul 2009 Member No.: 30,237 |
Can't think of anything that would help you here, sorry. Discount beckons.
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Sun, 15 May 2022 - 23:14
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#9
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Member Group: Members Posts: 55 Joined: 8 Dec 2018 Member No.: 101,369 |
I feared as much! Thanks very much for taking a look! |
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Mon, 16 May 2022 - 08:58
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#10
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
You actually entered the box when the traffic on the other side was already stationary. Fatal in London, and shortly to become fatal throughout England. Councils must be rubbing their hands with glee at the thought of all that dosh to come rolling in !
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Mon, 16 May 2022 - 11:18
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#11
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Member Group: Members Posts: 2,411 Joined: 14 Apr 2022 Member No.: 116,298 |
Conflation argument re the payment and reps. period on page 1? Some adjudicators allow, others don't, of course.
The wording on your PCN is misleading, it states, "If you fail to pay the penalty charge or make representations before the end of the period of 28 days beginning with the date of service of this notice, a charge certificate may be issued to you...." This wording has previously been adjudicated on with cases: 211055831A, 2110436163. I shall quote the adjudicators comments below from case 211055831A: The sentence which Mr Janssen challenges is under the section headed "Do not ignore this notice". This section provides information to recipients of a PCN what they need to do. The first two sentence concerns payment and the early payment discount. Mr Janssen does not take issue with these. The problem is in the third sentence. I shall reproduce it here for easy reference. It reads: "If you fail to pay the penalty charge or make representations before the end of the period of 28 days beginning with the date of service of this notice, a charge certificate may be issued to you...." This sentence is only partially correct. The 28 day period of payment commences with the date of the PCN but service of charge certificate is not triggered by non-payment alone. It is triggered by the absence of representations within a 28 day period starting from the date of service of the PCN. The correct way to express how a charge certificate may therefore be: "If you fail to pay the penalty charge and do not make representations before the end of the period of 28 days beginning with the date of service of this notice, a charge certificate may be issued to you...". The use of the word "or" incorrectly suggests that a charge certificate may be issued unless payment is made within a 28 day period commencing with the date of service of the notice, which is different to the date of the notice. One might argue that such a difference would make no difference especially as the correct payment is already stated in the first sentence, but I think that there is a potential to mislead. The PCN is therefore invalid. I am allowing the appeal. This post has been edited by Schofeldt: Mon, 16 May 2022 - 11:29 -------------------- People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.
People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life. Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life. Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life. One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life. As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life. The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life. It's all in the wrist. |
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