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#Post#: 18938--------------------------------------------------
31J Entering and stopping ina box junction when prohibited
DIR By: Donostio
Date: April 3, 2024, 11:48 am
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Hello
PCN just arrived in the post from the London Borough of Merton
£130 or £65 reduced charge.
Going against me:
I have entered before the exit was clear.
The back of my car / back wheels were in the box for at least 30
seconds
For me:
I wasn't causing an obstruction . was almost clear of the box.
Due me being pretty much out of the box (I thought I was out of
it enough) I didn't think it necessary to move to the lane on
the right which DID have room for me (lesson learnt - next time
I will move to the right if there is space!).
Is it worth appealing? Is there any precedent?
Thank you for any advice.
Video (me with the roof rack):
HTML https://youtu.be/RpnLiq-Lu6g
Image (me with the roof rack):
HTML https://imagizer.imageshack.com/img922/7196/O8ECoz.jpg
HTML https://imagizer.imageshack.com/img924/8454/iZXkOx.jpg
HTML https://imagizer.imageshack.com/img924/4978/6MEF5T.jpg
#Post#: 18959--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: ivanleo
Date: April 3, 2024, 3:47 pm
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--- Quote from: Donostio link ---
>
> Is it worth appealing? Is there any precedent?
>
--- End Quote ---
[member=1448]Donostio[/member] it is definitely worth making a
representation to the council, the Merton notice of rejection
for moving traffic PCNs is full of errors, see these cases (both
my handy work):
Giles Kennedy v London Borough of Merton (2220586920, 8 October
2022)
HTML https://drive.google.com/file/d/1B9N4JSUcCy2BR3QdqX0o3HKrzA7y0jOg/view
Commercial Plant Services Ltd v London Borough of Merton
(2240027331, 13 March 2024)
HTML https://drive.google.com/file/d/1Ca_n8qFSL_WwGgxfAdfsu_-05leHw6EA/view
Just put a representation in during the initial 14 days and if
they reject they will reoffer the discount, if the rejection is
then full of errors (which is likely, they've not fixed the
template in two years so I doubt they'll fix it now) it's an
easy win at the tribunal.
There's also the argument as per Commercial Plant Services Ltd v
London Borough of Merton (2230446542, 11 December 2023)
HTML https://drive.google.com/file/d/12WAmwX1nH1yqp3f0FLxr4s2QtG5C2Zat/view<br
/>but we need the PCN number and number plate to check for that.
If you post the rest of the PCN we can also check for other
errors.
#Post#: 18960--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: Donostio
Date: April 3, 2024, 3:58 pm
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Thank you.
Plate: EN14NXK
PNC: MT87744271
I think I've uploaded both sides of the PCN letter.
Thanks again
[attachment deleted by admin]
#Post#: 18961--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: Donostio
Date: April 3, 2024, 3:59 pm
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.
[attachment deleted by admin]
#Post#: 18963--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: ivanleo
Date: April 3, 2024, 4:20 pm
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[s]Here you go:
[indent]
[s]Dear London Borough of Merton,
I challenge liability for PCN MT87744271 on the basis that the
information referenced in the second paragraph of the second
page of the PCN does not convey the contents of paragraph 1(4)
of Schedule 1 to the London Local Authorities and Transport for
London Act 2003, and it follows that the PCN must be cancelled.
Yours faithfully,
[/indent]
[s]Make representations online and select the reason The
penalty charge exceeded the amount applicable in the
circumstances of the case", make sure to keep a screenshot of
the confirmation page.
Please post up the notice of rejection when you get it.
#Post#: 18969--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: MrChips
Date: April 3, 2024, 4:52 pm
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I also think the location is wrong in the PCN. It says
Durnsford Road adjacent to Bassett House, but that box junction
is a different one and the one you stopped in is about 100
metres further north.
#Post#: 18971--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: Donostio
Date: April 3, 2024, 5:02 pm
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Thank you Mr Chips
That is curious. Indeed, I turned left at the junction the
issuer describes. The junction in the photo I am going straight
across. Should I mention this also in my appeal or use it later?
[attachment deleted by admin]
#Post#: 18976--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: MrChips
Date: April 3, 2024, 5:50 pm
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Wrong location should be fatal to a PCN. Merton might argue
that it's close enough but there is a (quite faded) box junction
which is right next to Bassett House which fits their
description much better so it should be possible to demonstrate
that the location isn't sufficiently correct.
#Post#: 18977--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: ivanleo
Date: April 3, 2024, 5:50 pm
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So the location is here:
HTML https://maps.app.goo.gl/XUTez9J3dYXrQb1f6
I think the description on the PCN is good enough, but the
location raises a more fundamental question, see
HTML https://maps.app.goo.gl/XUTez9J3dYXrQb1f6
That is a private driveway to an office block, it's not a road
over which the public have an unfettered right to pass and
repass at will, it follows that it is not a road within the
meaning of section 142 of the Road Traffic Regulation Act 1984.
It's basically a repeat of the One Croydon scenario we saw in
Kate Gardener v London Borough of Croydon (2220655535, 15
October 2022)
HTML https://drive.google.com/file/d/1xbeDoPx79OZNWKNMAWfKm9BoLuDtwlml/view
Here's a revised draft:
[indent]
Dear London Borough of Merton,
The alleged contravention did not occur, this is because the box
junction is not placed at the junction of two or more roads or
outside a police, fire or ambulance station. The box junction
appears to be situated at the entrance to the private driveway
to an apartment complex, the Traffic Signs Regulations and
General Directions 2016 do not permit box junction markings at
such a location.
It follows that no contravention can ever occur at this
location, enforcement must cease and the CCTV enforcement camera
at this location must be removed. As there is no traffic
enforcement justification for the camera at this location,
failure to remove or at least disable the the camera would
result in the unlawful and unjustified capture of personal data,
in contravention of the General Data Protection Regulation.
I further challenge liability for PCN MT87744271 on the basis
that the information referenced in the second paragraph of the
second page of the PCN does not convey the contents of paragraph
1(4) of Schedule 1 to the London Local Authorities and Transport
for London Act 2003, and it follows that the PCN must be
cancelled.
Yours faithfully,
[/indent]
Make representations online and select the reason "The penalty
charge exceeded the amount applicable in the circumstances of
the case", make sure to keep a screenshot of the confirmation
page.
Please post up the notice of rejection when you get it.
#Post#: 18979--------------------------------------------------
Re: 31J Entering and stopping ina box junction when prohibited
DIR By: Donostio
Date: April 3, 2024, 6:05 pm
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In case it makes a difference the block is mostly residential
and includes some retail units.
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