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Box junction FPN, Stitched up by taxi driver, grounds for appeal?
Juan Carr
post Thu, 5 Dec 2019 - 15:17
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Hello,

This genuinely isn't me, it's my line manager who was travelling to London the other week. Traffic started to move on the other side of the box junction and so she moved forwards.....at which point, a taxi driver in front of her stopped a car length away from the car in front meaning she was left hanging over the edge of the box junction.

Image where you can see the gap between the taxi driver and the car in front (it's the activity in the right-hand lane):



She's wondering whether to appeal; I told her to pay the £65.

Any thoughts?

Thanks in advance.
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post Thu, 5 Dec 2019 - 15:17
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Tony London
post Thu, 5 Dec 2019 - 15:55
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I'd always suggest that if you feel that you should not have received the PCN or there is some mitigating circumstances, then you should appeal. In most cases if you appeal beefore the deadline for the discount, even if the council rejects your arguement, then they allow a further period to pay at the discounted rate.

I couldn't see the image that you have posted, but I would expect that the others who are experts on here would also want to see the PCN, as well as the video which can be uploaded to youtube etc. They might be able to advise on any defectes in the PCN that could render it unenforceable.

http://www.appealnow.com/parking-tickets/y...-box-junctions/

The above link has some useful information on Box junctions. In particular, the critical issue for the issuing of a ticket is if you entered the box junction and stopped in it due to the presence of stationary vehicles. That is the test.

It sounds that at the critical moment when deciding whether to enter the box, the exit was clear and there was no anticipation that it would be necessary to stop due to the presence of a stationary vehcile.

If stopped for a few seconds, you might be able to argue de minimis "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters.

http://www.pepipoo.com/forums/lofiversion/...php/t95983.html


This post has been edited by Tony London: Thu, 5 Dec 2019 - 16:06
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Incandescent
post Thu, 5 Dec 2019 - 16:41
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OP, you need to post up the PCN, and also the video as this is the sole evidence they have. I have to say that posts from go-betweens generally are not satisfactory as every question we ask has to be passed on. Remember the old message - "Send reinforcements, we're going to advance" that came out the other end as "send three and fourpence we're going to a dance". Any reason why your line manager can't post on here ?
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Juan Carr
post Sat, 7 Dec 2019 - 15:32
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Video is at https://youtu.be/bXe8UL6gWtE
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DancingDad
post Sat, 7 Dec 2019 - 16:01
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Having watched the video, the reality does not match the story.
Touch and go whether Taxi cops their own PCN at the very start.... though is minimal incursion.
Traffic moves, taxi moves, taxi brakes, red car steams into the box with nowhere to go.... after the taxi had stopped.

Unless line manager wants to argue any technical issues the £65 looks like a good bet.
Cannot comment on technical issues as we have no PCN to check.
But you/manager may want to check times and dates match the video.
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Juan Carr
post Sat, 7 Dec 2019 - 17:54
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QUOTE (DancingDad @ Sat, 7 Dec 2019 - 16:01) *
Having watched the video, the reality does not match the story.
Touch and go whether Taxi cops their own PCN at the very start.... though is minimal incursion.
Traffic moves, taxi moves, taxi brakes, red car steams into the box with nowhere to go.... after the taxi had stopped.

Unless line manager wants to argue any technical issues the £65 looks like a good bet.
Cannot comment on technical issues as we have no PCN to check.
But you/manager may want to check times and dates match the video.


Yeah I told her to cough up the £65 before it turns into £130.

Her argument is that the taxi stopped a good car length behind the car in front but she assumed he'd pull right up to it and so there'd be room for her.
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DancingDad
post Sat, 7 Dec 2019 - 18:11
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QUOTE (Juan Carr @ Sat, 7 Dec 2019 - 17:54) *
……..
Her argument is that the taxi stopped a good car length behind the car in front but she assumed he'd pull right up to it and so there'd be room for her.

Best will in the world, she entered the box AFTER the taxi was braking if not actually stopped.
There is no way that an adjudicator will accept that the taxi did something unexpected that would have caught any reasonably aware driver.
It doesn't matter that the taxi stopped early or indeed for no reason, it was a stationary vehicle in plain view when she entered the box.
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