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#Post#: 36752--------------------------------------------------
Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: September 13, 2024, 9:23 am
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Hi, I have received a PCN of FR63395228 today saying that I have
entered and stopped in the yellow box.
I remember that day, but I remember that I have reversed back
when I saw the front car stopping, but also people were crossing
the road behind my car, so I had to reverse slowly
The video provided shows I was reversing, but it cuts before I
pulled all the way back.
Do I have grounds to appeal?
[img]
HTML https://imgur.com/a/1R655ik[/img]
HTML https://maps.app.goo.gl/MG75GowkoY1nUDny8
#Post#: 36753--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: September 13, 2024, 9:24 am
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photos
HTML https://imgur.com/JrfHhaH
photo 2
HTML https://imgur.com/7RHExEg
photo 3
HTML https://imgur.com/rKBtF6H
photo 4
HTML https://imgur.com/R7dQdET
#Post#: 36755--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: stamfordman
Date: September 13, 2024, 9:39 am
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Good shout here as you were reversing and when the camera pans
out space beyond the box opened up so it's hard for them to say
a contravention occurred.
HTML https://i.imgur.com/JzRfBkw.gif
#Post#: 36794--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: Pastmybest
Date: September 13, 2024, 4:27 pm
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Very good chance you were stationary only long enough to change
gear to reverse
#Post#: 36798--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: MrChips
Date: September 13, 2024, 5:01 pm
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Can't see a point when you and the white car are simultaneously
stationary = no contravention
#Post#: 36800--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: September 13, 2024, 6:02 pm
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Can someone help me drafting a challenge against the PCN?
I noticed that the video cut right after my break light turns
off, moment before I continue reversing when there were no more
people crossing behind me.
#Post#: 36894--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: September 15, 2024, 3:27 am
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Hi, thank you for your replies on contravention most likely did
not occur.
Any chance someone could guide me through the appealing process
for it please?
As I understand, I should contest that the contravention didn't
occur on the basis of there was no point in time where the white
car at the front and my car were simultaneously stationary.
Should I also mention that even when I noticed that cars were
not moving at the front even though there was space ahead, I
have paused to shift gears however I had to move slowly as
people were crossing behind me. Recording stopped when I clearly
continued to reverse out of the box as soon as there were no
people behind me.
this is what I drafted:
"I challenge liability for this PCN on the grounds that the
contravention did not occur.
Having had the opportunity to view the video footage I can see
it shows that no contravention has taken place. The Regulations
provide "…no person shall cause a vehicle to enter the box
junction so that the vehicle has to stop within the box due to
the presence of stationary vehicles." The footage shows space
beyond the box junction opened up as camera pans out which would
be sufficient to accommodate my vehicle. There was not a point
in time where white car ahead of me and my car were
simultaneously stationary. As such my vehicle was not forced to
stop where it did due to stationary vehicles and it follows that
no contravention took place.
You can also see that I was in the yellow box for only long
enough to change my gears to reverse as there was space behind
me, however I was reversing cautiously as people were crossing
behind me. The recording cut right after you can clearly see
that I was continuing to reverse.
I refer you to the decision of adjudicator Andrew Harman in
Carlo Bergamini v Transport for London (2220539159) and
adjudicator Jane Anderson in Katy Wong v Royal Borough of
Kingston (2140345227)
For these reasons, it follows that the notice must be cancelled.
Yours faithfully,"
Thank you for your help!
#Post#: 39939--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: October 9, 2024, 4:56 am
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my first challenge got rejected from the Waltham Forest council.
I'm moving on to the tribunal appeal.
#Post#: 39940--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: John U.K.
Date: October 9, 2024, 5:01 am
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Please to post up the letter of rejection.
#Post#: 40272--------------------------------------------------
Re: Waltham Forest - contravention 31 entered yellow box - Lea
bridge road E10 / Rigg approach E10
DIR By: anthomy93
Date: October 10, 2024, 3:32 pm
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--- Quote from: John U.K. link ---
>
> Please to post up the letter of rejection.
>
--- End Quote ---
letter of rejection
HTML https://imgur.com/a/ID9MwBv
I believe I have a good chance appealing this as they have
conveniently cut the footage as soon as my brake was released
and continued to reverse when pedestrians stopped crossing, but
space also opened up at the front simultaneously
Can someone advise me on the next steps please?
Thank you in advance!
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