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#Post#: 87538--------------------------------------------------
Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: melste
Date: August 28, 2025, 5:56 am
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Approaching on Durham Road, I failed to notice the NRT signs on
Coombe Lane, and turned left (through the NRT signs) then
immediately into the prohibited right into the supermarket car
park.
GSV here
HTML https://maps.app.goo.gl/9tsSe3EF7VFbxJTz5
.
The photo evidence shows the left hand NRT sign and my car, and
the video clearly show the prohibited right turn happening.
My appeal, within the initial 14 days, was based on the location
of the tree at the junction which obscures the left hand NRT
sign - if I can't see it I can't obey it. The tree is itself
visible in the video evidence and GSV. I provided my own photo
taken at the junction itself showing that the tree hides the
sign from a driver waiting at the junction to turn left similar
to what you see on GSV.
I received rejection today via email/pdf. However, their
description of the contravention, and their reasoning for
rejection, is based on a different contravention - stopping in a
yellow box. The evidence clearly shows there is no yellow box.
The rejection letter does not state the original contravention
code or description.
Original PCN here:
HTML https://postimg.cc/NKshW7CQ
Rejection letter here:
HTML https://postimg.cc/qNbFWfCG
Help requested:
- Can I appeal based on them accusing me of the wrong
contravention in the rejection letter?
- Is there another appeal basis that I'm missing?
#Post#: 87539--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: melste
Date: August 28, 2025, 6:00 am
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Just to note there is a yellow box before the NRT area, but they
haven't shown any evidence of me stopping in it - the camera
doesn't point that way.
#Post#: 87554--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: fraser.mitchell
Date: August 28, 2025, 9:36 am
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It's a classic case of "failure to cosider" because the letter
doesn't even mention the alleged contravention on the PCN !
If it was me, I'd take them all the way to London Tribunals,
which is, in fact, you next option appart from paying, of
course.
#Post#: 87613--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: Hippocrates
Date: August 28, 2025, 3:52 pm
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HTML https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg86653/#msg86653
I say Tribunal time too.
#Post#: 87690--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: melste
Date: August 29, 2025, 9:22 am
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Thanks to both Hippocrates and Incandescent.
My understanding of "failure to consider" having now read other
posts, is they didn't adequately consider my appeal - is this
reasoning complete? :
- on the rejection letter they do not state which contravention
is alleged to have occurred, and
- their reasoning for rejection describes a different
contravention (stopping in box junction rather than NRT) to that
on the original PCN, and
- the evidence doesn't show me performing the box junction
contravention described but not stated in the rejection?
Bit of clarification needed for my understanding: the text at
Para. 4 (8 ) (v) of
HTML https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted<br
/>states "A penalty charge notice under this section must..." -
is the Notice Of Rejection technically a PCN?
My draught Tribunal appeal text would currently be:
"The authority has failed to consider my appeal adequately, on a
number of grounds:
1) The NOTICE OF REJECTION letter fails to state the alleged
contravention clearly.
2) The authority states "We sent you a PCN because our camera
evidence shows your vehicle stopped on a yellow box junction" -
I believe they are possibly referring to a "31 - Entering and
stopping in a box junction when prohibited" contravention. This
is not the contravention alleged on the original PCN.
3)The authority then continues on to describe when and how
stopping in a box junction is and isn't permitted, and concludes
that I did commit the contravention. The evidence shows no box
junction, nor a box junction contravention occurring.
Given the above, it is clear that the authority has failed to
consider my appeal adequately."
#Post#: 87738--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: Hippocrates
Date: August 29, 2025, 3:22 pm
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This is technical. PM me if you want my free help.
#Post#: 87975--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: Hippocrates
Date: September 1, 2025, 6:38 am
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Too much. Fun time if you simply state: I rely upon my formal
representations and the council's wholly unreasonable NOR in
their entirety. There was no such contravention as alleged in
the latter.
I would rather do this on your behalf.
I simply must refer to this bunch in my Radio Jackie interview
on Thursday.
#Post#: 87984--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: melste
Date: September 1, 2025, 8:11 am
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Thank you very much for your assistance - do you know what time
you might be on Jackie?
#Post#: 88964--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: Hippocrates
Date: September 8, 2025, 10:14 am
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Not published yet as awaiting for RBK's response. But it will be
a corker. E mail sent re your case.
#Post#: 90722--------------------------------------------------
Re: Merton - 50R No right turn - Coombe Lane JW Durham Road
DIR By: Hippocrates
Date: September 20, 2025, 4:28 am
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--- Quote from: melste link ---
>
> Thank you very much for your assistance - do you know what
time you might be on Jackie?
>
--- End Quote ---
HTML https://t.co/dfeu6Cj3z1
I'll call you now.
Filed:
The council have failed to consider the appellant's
representations as evidenced by the simple fact that they allege
in the NOR that he contravened a yellow box junction. As further
evidence of such a fundamental error, I also enclose on his
behalf a screenshot of the current status of the ticket history.
James Bond.
Currently on leave due to sciatica. :D
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