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#Post#: 55311--------------------------------------------------
Vehicle Entering and stopping in a Yellow box junction - Notice
of rejection. Croydon Rd/Eden Road Beckenham
DIR By: dsharif93
Date: January 27, 2025, 6:24 am
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[img]
HTML https://imgur.com/a/OnEJfpl[/img]
Hello everyone,
I recently received a Notice of Rejection for my PCN appeal
related to entering a box junction by the Bromley Council. My
initial appeal was based on the de minimis principle, arguing
that the alleged contravention was minor and did not obstruct
traffic or cause any significant inconvenience. Unfortunately,
the council has rejected this argument and upheld the PCN.
I believe the de minimis principle is still applicable in this
case, and I intend to take the matter to the Traffic Penalty
Tribunal. I will be appealing with the same reasoning: the
contravention, if it occurred, was insignificant and should not
warrant a penalty.
I have included details and evidence of the contravention in
question. Could you please review the case and advise if you
think an appeal based on de minimis has merit? Specifically, I
would like your insights on:
Whether the contravention meets the threshold for being
considered "de minimis."
Examples of similar cases where the appeal was successful on
this basis.
I appreciate any advice or experiences you can share to help
strengthen my case for the tribunal.
Thank you!
(If needed, I can provide further details about the video
evidence, duration of the stop in the box, or other specifics.)
HTML https://imgur.com/a/9qYjOM7
HTML https://imgur.com/a/JRnTmSe
#Post#: 55316--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: DWMB2
Date: January 27, 2025, 6:44 am
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This is a council PCN so I have moved this post to the Civil
penalty charge notices (Councils, TFL and so on)
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/<br
/>forum.
To help the users there provide you with the best advice, please
read the following thread carefully and provide as much of the
information it requests as you are able to: READ THIS FIRST -
**BEFORE POSTING YOUR CASE!**, This section is for council, TFL,
Dart/Mersey/Tyne etc. cases
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>
#Post#: 55326--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: Hippocrates
Date: January 27, 2025, 6:54 am
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As above, so below:
Let's start with the whole PCN less personal details. AFAIR it
has issues. Indeed, it does as I have checked a recent case.
There is also a problem with their website. This will need to go
to the Tribunal and I would be more than happy to represent you.
All by video these days very soon.
#Post#: 55328--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: stamfordman
Date: January 27, 2025, 7:04 am
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The contravention is made out - harsh but I don't think on this
alone you'd succeed at the tribunal.
HTML https://i.imgur.com/Pi1jj74.gif
#Post#: 55330--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: Hippocrates
Date: January 27, 2025, 7:19 am
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The PCN is unenforceable. Please do not pay and let's see it or
you will join The Mugged Club. PM sent.
#Post#: 55354--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: John U.K.
Date: January 27, 2025, 8:43 am
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Please also post a copy of your reps.
#Post#: 55531--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: dsharif93
Date: January 28, 2025, 7:14 am
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This is the appeal which i made and which was rejected by
Bromley council - would this be good grounds to appeal at
tribunal?
Dear Sir/Madam,
I am writing to formally appeal the Penalty Charge Notice (PCN)
issued to my vehicle at the Croydon Road/Langley Road box
junction.
The alleged contravention pertains to my vehicle’s rear wheel
being on the line at the very edge of the box junction. I
believe this situation falls under the legal principle of de
minimis and respectfully request that the penalty be
reconsidered.
Grounds for Appeal
1.    Application of De Minimis
The principle of de minimis recognises that minor, trivial
infractions that have no material impact should not be
penalised. In this instance, my vehicle’s rear wheel barely
entered the box junction, and this slight encroachment did not
hinder traffic flow or obstruct the junction in any way.
2.    No Obstruction of Traffic
The junction was entirely clear during this brief moment, and my
vehicle did not impede any other road users. The purpose of the
box junction is to ensure smooth traffic movement, which was
fully maintained in this case. Additionally, there was a clear
path ahead for my vehicle to exit the box junction.
3.    Camera Angle and Evidence
The enforcement camera footage appears to have been zoomed in on
my license plate, thereby shortening the perspective of the
junction. This perspective does not accurately show the full
circumstances of the alleged contravention, including the clear
path that was available for my vehicle to move forward.
Supporting Legal Precedents
•     The legal principle of de
minimis non curat lex (the law does not concern itself with
trifles) is well-established in adjudicating cases involving
minor infractions.
•     In Case Reference
216036762A, the adjudicator allowed an appeal where the vehicle
was stationary for a brief period in a box junction without
causing any obstruction, recognising that such a trivial breach
should not be penalised.
•     Similarly, in Case Reference
2160303194, an appeal was allowed where a vehicle remained
stationary for a brief moment without blocking traffic, and the
adjudicator deemed this a minimal infraction.
Request for Reconsideration
I kindly ask that you review this case with a view to applying
the de minimis principle and consider the limitations of the
evidence provided. Given the trivial nature of the alleged
contravention and the lack of impact on traffic, I request that
this PCN be cancelled.
Thank you for your time and understanding.
Yours faithfully,
D
#Post#: 55555--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: mickR
Date: January 28, 2025, 9:13 am
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see what [member=24]Hippocrates[/member] comes up with
re your reps, personally I would have made the initial point
being, contravention did not occur as there was space to exit
the box in the left lane.
you chose not to take that route as you (appear to have) thought
you had exited the box.
de minimis etc etc etc
#Post#: 55632--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: Hippocrates
Date: January 28, 2025, 2:02 pm
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Where is the PCN?
If it is like this it is unenforceable as it truncates the
period in which they may disregard representations. They cannot
do this from the date of the notice, only the date of service..
The offending statement is from the date of the period above.
HTML https://www.ftla.uk/index.php?action=dlattach;topic=3884.0;attach=8471
2230446994
This needs to go to the Tribunal and I am offering my free
representation.
#Post#: 55999--------------------------------------------------
Re: Vehicle Entering and stopping in a Yellow box junction -
Notice of rejection. Croydon Rd/Eden Road Beckenham
DIR By: Hippocrates
Date: January 31, 2025, 7:09 am
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Appeal filed. The PCN is unenforceable.
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