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Dingdongdan
Hello,

I had some great advice on here last month and managed to successfully appeal by PCN in Havering!!

My dad has just got a PCN for a yellow box junction and was just going to pay it. I've managed to convince him to hold fire for a few days whilst I get your advice.

Watching the video, it seems harsh to me. There was clearly enough ear space for him to enter the YBL but the vehicle in front stopped for pedestrians then the other vehicle changed lanes.

I have uploaded the PCN in full to Flickr and I'm trying to upload the video but struggling.

I would love your thoughts.

https://www.flickr.com/photos/171167877@N06.../in/dateposted/

Thanks

Danny

Here is a link to the video evidence

https://www.flickr.com/photos/171167877@N06.../in/dateposted/

stamfordman
Yes, definitely appeal this - the driver in front was being a twit and your dad had very clear expectation that he would have cleared if a non-twit was not ahead. There has to be reasonable expecation of normal traffic flow.
Incandescent
Your dad followed the Mini quite closely, and charged into the box behind it without hesitation, not a wise move in London traffic with cameras all over the place to make shedloads of money for the councils.

The Mini then stops because there is a car in the left-turn lane that indicates right to move across. This car indicates, but doesn't move until the pedestrians have moved away. It's clear from the video that there is room for both the Mini and yourself on the other side, and the stopping happens unexpectedly. Whether you'll get a London Tribunals adjudicator to agree is another matter. If I were the adjudicator I'd allow your appeal but I'm not. The council will never agree to your reps because for every refusal they make a sum of cash, hardly a fair process, is it ? So if you want to stand your ground, submit reps, and when they are inevitably rejected, register an appeal at London Tribunals. You'll have to risk the full £130 the discount option will have gone by then.
PASTMYBEST
See this key case The Essoo case is relevant to you

https://www.londontribunals.gov.uk/sites/de...n%20v%20TfL.doc
cp8759
I would take this to the tribunal.
Dingdongdan
Thank you for all the replies.

I have convinced him enough to take this to tribunal 😬

Can anyone advise if the PCN looks correct? The relevant dates etc ?

Thanks again.
cp8759
From a quick read the PCN looks compliant.
Dingdongdan
Thanks.
I will appeal to the local council and post back once they reject it.

Thanks

Danny
cp8759
Put a draft of your representation on here first.
Dingdongdan
QUOTE (cp8759 @ Fri, 2 Aug 2019 - 12:43) *
Put a draft of your representation on here first.



I will do, I'll write it over the next couple days - thanks.
Dingdongdan
Hello,

Quick update, I appealed this along the lines of the advice given and to my surprise Waltham Forest cancelled the PCN.
No need to even attend an appeal.

Thanks

Danny
Incandescent
Well done ! I must say I am surprised as most London councils look upon YBJs as "nice little earners"
Longtime Lurker
Congratulations! Any chance you could post the text of your appeal? So few of these get cancelled at this stage that I'd like to see what actually worked here.
Neil B
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