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#Post#: 7777--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: MrChips
Date: October 19, 2023, 6:11 am
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Don't forget in my mind (and I think cp8579) the strongest point
which is that the video doesn't show you entering the box (you
are already sitting partially inside when it commences).
Adjudicators consistently throw out PCNs when there is no
evidence of traffic conditions as you first enter.
That's because legally the offence is committed at the point of
entry, and the regulations are very clear that if any part of
your vehicle is in the box that counts as being inside. Hence
even though you are only partially in the box when the video
starts, that's sufficient.
#Post#: 7779--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: JoCo
Date: October 19, 2023, 6:17 am
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Greenwich parking are short staffed and don't defend cases which
go to the tribunal. They simply don't send in the paperwork,
and the appeals are allowed*.
So it's worth a punt even with the flimsiest of cases [CP's
argument is not flimsy]. Clearly Double or quits - but good
odds!
* Since August 2023, 200 or so appeals have gone undefended.
Only 2 have been refused. I wonder if adjudicators were bored
here and acted on the appellant's notes alone!
#Post#: 7780--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: Goatzie1234
Date: October 19, 2023, 6:37 am
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Many thanks for your assistance.
I have taken all the points raised here (word for word in many
cases) and have drafted the below:
Dear sir/madam
As can be seen on the video evidence, my vehicle did not enter
any box junction at 3:29, in fact, the video evidence confirms
my car had already entered the box junction at the start of the
recording (3:28). Unfortunately the video evidence does not show
the time of entry, which must have been before the start of the
recording.
Furthermore, the video evidence shows that my exit is clear on
entering the box. Space large enough to accommodate the vehicle
can be seen beyond the junction markings.
My vehicle did not stop for stationary vehicles. I was forced to
stop by a moving vehicle (the bus) cutting across the lane in
front of me. The bus and my vehicle became static at roughly the
same time. Also, in order to avoid an accident, I was forced to
give way to a motorcyclist trying to squeeze through a gap in
front of me.
Once stopped, the video evidence clearly shows that there was
enough room ahead of my vehicle to clear the box, however,
safety concerns had precluded me from making use of this space.
I did not make use of the space ahead as a precaution against
the bus cutting further over once the traffic began moving
again.
As no contravention of entering a box occurred at 3:29, and as
on entering further into the box, enough space to accommodate my
vehicle can be seen beyond the junction markings, the
contravention alleged on the PCN did not occur and the penalty
charge must be cancelled.
#Post#: 7783--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: fraser.mitchell
Date: October 19, 2023, 6:53 am
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Looks good to me.
#Post#: 7890--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: ivanleo
Date: October 20, 2023, 12:55 pm
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For the sake of keeping things simple, would you like me to
represent you at the tribunal?
#Post#: 8189--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: Goatzie1234
Date: October 23, 2023, 11:06 am
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That would be greatly appreciated! many thanks for offering!
#Post#: 8226--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: ivanleo
Date: October 23, 2023, 4:34 pm
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I'll drop you a PM.
#Post#: 12072--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: Goatzie1234
Date: December 8, 2023, 3:45 am
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Many thanks to cp8759!
My appeal was granted!
"The Enforcement Authority did not attend, either by telephone
or in person.
The Enforcement Authority have produced no evidence in this case
and, in particular, have failed to produce a copy of the Penalty
Charge Notice."
#Post#: 12120--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: ivanleo
Date: December 9, 2023, 3:27 am
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Outcome
HTML https://drive.google.com/uc?id=1lXMw1yAmb_ragp6KbhyxKUrFdAY2dCeD.
#Post#: 12125--------------------------------------------------
Re: 31J - entering and stopping in a box junction when
prohibited Peartree way, Greenwich
DIR By: Goatzie1234
Date: December 9, 2023, 5:59 am
---------------------------------------------------------
Hi cp8759
Please can you hide my name and car reg. thanks!
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