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#Post#: 53393--------------------------------------------------
*Press story* - Yellow box junctions and costs orders
DIR By: ivanleo
Date: January 14, 2025, 6:43 pm
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It seems costs can be obtained if the PCN should never have been
issued in the first place, see Ricardo Bowden v London Borough
of Newham (2240295228, 2 January 2025)
HTML https://drive.google.com/file/d/1X3SEOqKaiXoh1m6I-E0jMATjztIEyOVG/view
They won't care about having to pay costs as they made
£22,975.00, see the EIR response here
HTML https://drive.google.com/file/d/1G62U0JUfq960DnyPhfIldFh5LFgdHxGV/view,<br
/>however I might use the formal complaints route to force them
to
refund the whole lot.
@mrmustard one for the auditors.
#Post#: 53792--------------------------------------------------
Re: Yellow box junctions and costs orders
DIR By: Hippocrates
Date: January 17, 2025, 6:47 am
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Go for it. >:(
#Post#: 53931--------------------------------------------------
Re: Yellow box junctions and costs orders
DIR By: ivanleo
Date: January 18, 2025, 9:32 am
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This one made the papers:
HTML https://www.telegraph.co.uk/news/2025/01/18/newham-council-penalty-charge-notice-roadworks-fine-court/
#Post#: 63550--------------------------------------------------
Re: *Press story* - Yellow box junctions and costs orders
DIR By: ivanleo
Date: March 20, 2025, 9:18 pm
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Final outcome:
[indent]
Complaint Review 37194601 for Mr Ricardo Bowden
I am the Resolution Lead for this case, and I am writing in
response to your request for review of Mr Bowden's complaint.
Firstly, let me sincerely apologise for the prolonged delay in
responding to your Stage 2 review. I appreciate your patience
and understanding.
Summary of your review request
In your review request you take issue with the Stage 1 response
to suggest that the position of continuing to enable enforcement
action while roadworks were in place at the location in question
was effectively placing the responsibility of blame on motorists
for not appealing. Those motorists affected by this approach
should also have their PCNs cancelled and refunded.
Review findings
I have carefully reviewed the Stage 1 complaint, the response
provided, and the details outlined in your Stage 2 request.
Following a thorough investigation, I acknowledge and uphold the
complaint.
It has been confirmed that a road closure was in place at the
location where Mr Bowden's vehicle was issued with a Penalty
Charge Notice (PCN) for entering and stopping in a box junction.
As a result, when the PCN was challenged with the independent
parking adjudicator, the Council did not contest it, as it was
established that the PCN should not have been issued under these
circumstances.
I recognise that, in the Stage 1 response, the local authority
has acknowledged its willingness to review any cases as
requested to determine whether there are grounds for
cancellation. The possibility that not all PCNs may have been
issued in error is something you appear to have also
acknowledged in your reply:
"In this particular case, it might be that not every PCN was
issued when the cones were in place (which is what rendered the
YBJ enforcement action unlawful), but the obvious solution to
that is to review the CCTV footage for all the PCNs and issue
refunds to all motorists who were penalised in circumstances
identical to those of Mr. Bowden. Alternatively, you might
decide it is more pragmatic to simply refund all affected PCNs,
rather than review them all individually.'
As such, we have carefully considered your comments and have
decided it is appropriate to refund all PCNs issued at this
location during the relevant period. Given the significant time
and resources required to review each case individually, this
approach ensures a fair and efficient resolution for those who
were adversely affected.
Once again, I apologise for any inconvenience caused and
appreciate your patience while this matter was reviewed.
Next steps
The local authority will separately cancel PCNs and refund the
motorists affected.
Due to the delay in this response and the inconvenience this may
have caused to Mr Bowden, I would like to offer to him a
goodwill payment of £50.
If this is acceptable to Mr Bowden and it is confirmed that the
same bank details as previously supplied can be used, I will
arrange for the payment to be processed as soon as possible.
#Post#: 63551--------------------------------------------------
Re: *Press story* - Yellow box junctions and costs orders
DIR By: Rikbikboo
Date: March 20, 2025, 9:46 pm
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Absolutely fantastic result.
Many thanks to cp8759 for all of the time and effort put in on
behalf of myself and the 200+ motorists that will be seeing that
refund letter arriving through the door in the coming weeks.
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