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31J Entering and stopping in a box junction when prohibited - London Borough of Merton, Question on date of notice
kizmo111
post Sat, 2 Mar 2024 - 22:30
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Hi All

I received a penalty charge notice for stopping in a box junction. From the London Borough of Merton. Video footage shows the back of my vehicle was in the junction for about 20 seconds.

Can I appeal based on either of the following:

1. Late receipt of notice:

Date of contravention: 20/12/2023
Date of notice: 27/02/2024
Date notice received through post: 28/02/2024

Can I appeal based on the fact that the notice was issued and received over 2 months after the alleged contravention?

2. Can I appeal on the basis that I started driving into the box junction when the vehicle that was in front exited the box junction and only paused to stop after I had entered the box junction?

Thank you in advance for your assistance.
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post Sat, 2 Mar 2024 - 22:30
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Taffer1
post Sat, 2 Mar 2024 - 22:42
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we need to see the documents and video. Please follow this

http://forums.pepipoo.com/index.php?showtopic=147985

is it a leased car and you are not the registered keeper?

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MrChips
post Sun, 3 Mar 2024 - 08:31
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As above, we need to see the video. If only the back of your vehicle was stopped within the box junction you may be able to argue there was enough room for you to clear the box completely but without seeing the video we can't advise.
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Schofeldt
post Sun, 3 Mar 2024 - 12:47
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https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted


--------------------
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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kizmo111
post Sun, 3 Mar 2024 - 15:32
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Video:

https://vimeo.com/918870447?share=copy

Images:

https://flic.kr/ps/43TLbu

My husband is the registered keeper. The registered address is as its always been, it is not a leased vehicle it is our car.
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Incandescent
post Sun, 3 Mar 2024 - 19:03
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As 'Schofeldt' has intimated, the PCN has been served out of time. They have 28 days from date of alleged contravention to serve a PCN, so here they are way late. This is a statutory limit, so they cannot argue against it.

This post has been edited by Incandescent: Sun, 3 Mar 2024 - 19:04
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Schofeldt
post Sun, 3 Mar 2024 - 19:45
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Dear Merton Council

Ref: PCN

You have served this PCN well out of time. Therefore, the PCN must be cancelled forthwith. If you do not agree to do so and force me to the Tribunal, I shall be seeking costs.

Yours faithfully

Husband (Registered Keeper)

Address


--------------------
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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kizmo111
post Sun, 3 Mar 2024 - 20:05
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Many thanks for the guidance!
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Incandescent
post Sun, 3 Mar 2024 - 22:12
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QUOTE (kizmo111 @ Sun, 3 Mar 2024 - 20:05) *
Many thanks for the guidance!

Not just guidance, it's the law of the land !
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Schofeldt
post Mon, 4 Mar 2024 - 10:10
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The Wombles have recently messed up three bus lane cases and their staff need serious INSET. Hardly surprising really as their legal advisers do too. They can't even advise re the wording on Kingston's documents (bus lane) unless terriers intervene.

I would also require an apology for wasting your time and make a formal complaint.

This post has been edited by Schofeldt: Mon, 4 Mar 2024 - 10:11


--------------------
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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