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carolyn.jones53
Hi
This is regarding the yellow box at Chelsea Embankment/Royal Hospital.
The incident took place on 29.9.10. On 4.10.10 I got the PCN which contained 2 photos both showing me exiting the junction with my back wheels still on the grid(stationary) By email I made it clear that this was a request for information and not a 'representation'. I asked for a photograph showing me entering the junction whilst my exit was blocked by a stationary car. I got no reply. The on 8.11.10 I got he charge certificate notifying me of the increase in penalty. I telephoned them and they said they hadn't got my email. I told them that they had sent an automated response saying they had received it. They asked me to send a copy of the original e mail and confirmed that the charge would be put on hold. I forwarded the earlier emails and got an automated response.
On 25.11.10 I received a letter head ' notice of Rejection, London Local Authorities Act 1990 to 2003. Enclosed was a further photo but still just showing me on the otherside of the junction. The letter is lengthy but essentially states that the CCTV footage has been viewed and that it shows me enter the box at 17.20.09 but there is no photo enclosed to show this. ( I have asked them to send me a copy of the video evidence) The writer concludes that he 'is satisfied that a contravention occurred', enclosing the form to appeal to the PATAS.
So, can anyone advise on the following.
1. My emails were requests for information and not 'representations' . They have not supplied the information requested and they have assumed the request if a formal representation and have given me the option of going to PATAS. I haven't as yet made my representations.
2. The 'Notice of rejection ' letter refers to specific legislation up to 2003. I am under the impression that there is further relevant legislation in 2006 /07. Does this 'rejection ' letter have to contain compulsory statutory information in the same way as the PCN.
3. If the video does not show me entering the box, I think I have valid grounds for appeal..do you agree. If however it does show me entering then I will have to pursue it on the basis of a failure to comply with statutory requirements so I need to know if they exist!
Thank you for any help
The Rookie
I think either way you are off to PATAS....

If they treated your request as a rep' then they shouldn't have issued the charge cert' so you have a slam dunk win.

We normally suggest making the rep' and request in teh same document for just the reasons you now see.

Simon
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