Yellow Box Junction Shepherds Bush Road |
Yellow Box Junction Shepherds Bush Road |
Fri, 8 Dec 2017 - 21:51
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#1
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Member Group: Members Posts: 31 Joined: 25 Nov 2015 From: London Member No.: 80,863 |
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)
PCN_Page_1.pdf ( 1.03MB )
Number of downloads: 147
PCN_Page_2.pdf ( 652.3K ) Number of downloads: 316 |
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Fri, 8 Dec 2017 - 21:51
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Wed, 21 Feb 2018 - 12:04
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#41
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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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Wed, 21 Feb 2018 - 12:59
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#42
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Member Group: Members Posts: 4,308 Joined: 9 May 2014 Member No.: 70,515 |
Well done
Have you a case number to help others? |
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Wed, 21 Feb 2018 - 15:48
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#43
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Member Group: Members Posts: 37 Joined: 8 Oct 2014 Member No.: 73,488 |
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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Wed, 21 Feb 2018 - 19:39
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#44
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Member Group: Members Posts: 31 Joined: 25 Nov 2015 From: London Member No.: 80,863 |
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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Thu, 22 Feb 2018 - 12:02
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#45
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Member Group: Members Posts: 31 Joined: 25 Nov 2015 From: London Member No.: 80,863 |
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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Thu, 22 Feb 2018 - 22:37
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#46
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
Synopsis
LBH&F: Bla, bla, bla, “I have carefully considered” bla, bla, bla. Pacman01: Really? Where? LBH&F: In the Case Summary! Pacman01: Adjudicator: LBH&F: Pacman01: (my suggestion) -------------------- I do tend to have a bee in my bonnet re failing to consider and fairness
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Thu, 22 Feb 2018 - 22:48
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#47
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Synopsis LBH&F: Bla, bla, bla, “I have carefully considered” bla, bla, bla. Pacman01: Really? Where? LBH&F: In the Case Summary! Pacman01: Adjudicator: LBH&F: Pacman01: (my suggestion) 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 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Thu, 22 Feb 2018 - 23:18
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#48
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
Synopsis LBH&F: Bla, bla, bla, “I have carefully considered” bla, bla, bla. Pacman01: Really? Where? LBH&F: In the Case Summary! Pacman01: Adjudicator: LBH&F: Pacman01: (my suggestion) 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 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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