Significant Adjudication

Finally, after many unsuccessful attempts we have managed to get an Adjudicator to rule on the wording of an Islington moving traffic PCN. The appeal was allowed. All Islington moving traffic PCNs issued since early December 2006 are unlawful.

The Adjudicator’s reasons were simple. If the legislation says something must be stated on the PCN then it is a mandatory requirement. Ignore it or modify it at your peril.

This was no snap decision either. The Adjudicator reserved his decision so that he could go away and think about it and, presumably, consult his colleagues.

The implication is that Islington, Hillingdon and Waltham Forest PCNs are unlawful and can be challenged on the basis of their wording. There may be other councils I am not aware of.

If you have a PCN that says it should be paid within 28 days of “date or service” or “date of delivery” then it is unlawful. What it should say is 28 days from the “date of the notice” i.e. the date it was issued (and hopefully posted first class).

So, if you have just received a PCN with the incorrect wording then challenge it quoting PATAS case 2070445427 Pulp Faction Recycling –v- Islington.

If you have a pending appeal hearing, then change your case to include this factor as grounds for cancellation of the PCN. You are allowed to change your appeal right up to the date of the hearing.

If you have recently lost an appeal then you can apply for a review on the grounds of new evidence. If you lost an appeal some time ago you can try to submit a late Statutory Declaration which may get the case back to PATAS for review.

If you paid the PCN then I’m sorry…

There is a lot of work going on behind the scenes in the courts to establish grounds for restitution (reimbursement for invalid PCNS). It is possible that councils have acted fraudulently or could be charged with malfeasance in public office, but both of those are large legal mountains to climb.

I will keep you apprised of developments.

I’ve said it before and I’ll say it again: If Local Authorities want motorists to obey the law, then they must also obey the law. Simple init?

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31 Responses to Significant Adjudication

  1. Paul Black says:

    Hi again,

    I posted earlier under Harassed of Hillingdon.

    My PCN does state “£120 must be paid before the end of the period of 28 days, beginning with the date this Notice is served”

    On the reverse, which of the 8 grounds can I use? What should I include to go with it, or should I wait for something else to happen first?

    Thanks again.

    POP – paul

  2. mark says:

    Hi. I got a PCN for that box junction in drayton park islington. The main bummer is I moved to spain 2 days before it arrived so I dont know the exact wording on it. My old housemates just told me the number of the pcn. It was dated 31.oct.07. I emailed contact islington on 12.nov.07 asking for them to email me back details, when, where and photos as I did not have a postal address. They have just done this (12.jan.08) and are now saying that the fine stands at 180 instead of the £60. But I replied to them within the first 14 days. Im obviously going to have a gop at them for that, but what I also need to know is has the wording been corrected yet or would my PCN still have date of delivery or service which would make it invalid?
    Cheers. Mark.
    PS, can you guess why I moved to Spain!

  3. Kuldip Binning says:

    I gor a pcn at the same place as Mark who went to spain, Drayton Park must be a gold mine for islington.
    This point applies to me the contavention date is 19.12.07 and the date of the notice is 31.01.08 this is 44 days well over the 28 days.
    The PCN must be sent to you within 28 days of the date of the contravention

    So if I appeal on the grounds that this pcn is invalid will they accept that or will they just ignore it and want the money anyway. I am on holiday in early March, so should I just pay the £60.00 and then appeal? I received the pcn on 04.02.08, the 14 days start from the 31.01.08.

  4. [...] you live in Islington This may be useful Significant Adjudication Money Box Junction Or old and out of date! __________________ We can share the women, we can share the [...]

  5. Vikas Agrawal says:

    Hi,

    My PCN states “The person on whom this notice is served may be entitled to make representations under paragraph 1 of Schedule 1 of the London Local Authorities & Transport for London Act 2003, using the form overleaf. The grounds on which you make representations are set out in the form. If you do not make representations and the penalty charge is not paid before the end of the 28 day period, an increased charge of £180 may be payable. The Council of the London Borough of Ealing may disregard any such representations, which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.”

    Can I appeal against this PCN on the basis of PATAS case 2070445427 Pulp Faction Recycling –v- Islington ?

    If yes then which one of the five grounds on the reverse of the PCN shall I use?

    Following five ground for representation are there on the back of PCN –

    I never was the owner of the vehicle in question/ I ceased to be its owner before the date on which the penalty charge was alleged to have become payable/ I became its owner after that date (1)

    There was no contravention of a prescribed order/ failure to comply with an indication on a sign/ contravention of the lorry ban order (2)

    That at the time the alleged contrvention or failure too place the person who was in control of the vehicle was in control of the vehicle without my consent (3)

    We are hire firm and the vehicle in question was the material time hired under a vehicle hiring agreement and the prson hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice issued in respect of the vehicle during the currency of the hiring agreement (4)

    The penalty charge exceeded the amount applicable in the circumstances of the case (5)

    Thanks
    Vikas

  6. Dennis Mannion says:

    Hi there
    My PCN (issued by Transport for London on 18th July) states under the heading “Do Not Ignore This Notice”: “A penalty charge of £120 is payable before the end of the 28 days beginning with the date of this notice”. Which appears to be leagal.

    However in the same paragraph it goes on to state: “If you fail to pay the penalty charge notice or make representations before the end of the period of 28 days beginning with the date of service of this notice”. Now it appears to be liiegal in the same way Pulp Faction v Islington was.

    Does the fact that it appears to contradict itself mean I am likely to win an appeal?

    Thanks Dennis

  7. Ryan says:

    I just received a PCN in the same place in Drayton park as Mark and Kuldip Binning. This is certainly a goldmine for Islington council and I personally cannot understand why the yellow junction box is there is the first place? It is actually not a junction – there is another yellow box after the lights going onto Holloway Road which is a valid junction box so why is that one there?

    Unfortunately my PCN has been worded correctly – they obviously fixed up after their previous mistakes but I still can’t help feeling this was unlawful for two reasons.

    1. As I expressed earlier no real valid reason for the box being there
    2. The lights turned green and traffic began to move, so did I – but anyonw who knows that junction will understand that if someone is turning right into Holloway Road and other cars are coming across into Drayton park it causes a hold up. Therefore the lights turned red and left me sitting in the box. If the junction was actually organised properly this would not happen but failing that if noone had been turning right then I would have been passed the lights and clear of the box!

  8. Mark says:

    I’ve just got a PCN for stopping in the same box junction in Drayton Park. It’s clearly there for the sole purposes of making money. I am considering appealing to spite them.

  9. Heidi Kayla says:

    I have just received a PCN on the same Drayton Park junction, and it is dated over 3 months ago, can I appeal purely base on that?? I don’t think that yellow box is justified at all!!!

  10. Nadia Joanes says:

    Hi,

    I received a parking ticket in islington on eden grove, I arrived on the minute that my parking ticket expired, 13:19. The parking attendent was waiting by my car she argued with me and told me I was late and that I should check the time on the machine. The machine was about 50 meters from my car and with the time spend arguing when I got there it said 13:21. She said that means I’m late and issued the parking ticket. And then she carried on taking pictures of the car. I wrote and challenged the claim on these ground. They said that I was late and that I still had to pay the ticket.

    My parking ticket says “A penalty charge of £80 is now payable and must be paid not later than the last day of the period of 28 days beginning with the date on which this penalty charge notice was served.”

    Is this the correct wording because they said on “which this penalty charge notice was served”?

  11. AshleyK says:

    New here,

    I’m from up north:) and I think I found my new home and hangout

    So, anyone here concerned about the Olympic Games?

  12. This Yellow Box in Drayton Park just before Holloway Road I have been filmed with the front of my car on the yellow box, what happened was the traffic lights turned to green we all drove forward someone wanted to turn right in front of us which ment I stopped with the front of my car on the yellow box for 8 second the car up front turned right, we all moved forward, this is all shown in the photos and the short movie clip I asked to see, alas I still got the PNC for £60 I truly think I should not pay this as I was not stopping or holding up traffic coming from my left. What do you think.
    Phil.

    • Philip Dinham says:

      Hi all you good people out there, well I took my case to the wire and according to the Judge my front was stopped in the Box, I told the Judge that this is money spinner for Islington, I will say the Judge did seen to be a bit on my side because after looking at the evidence the Judge posponed my case to see if the Yellow Box at the Dreaded Drayton Park sight was valid, a month or so went by the I had a Demand for £180 from Islington I was straight on the Phone to them to find out why, and apparently I had lost the case a I have been notified I said I have not and can they Email me the results as the post is not reliable looking at the evidence, I Phoned them back and they dropped the fine back to £120, which I paid.

      I must say I still have all the Photos, and as every one has stated Drayton Park is a money box for Islington, Now I was Driving throgh Drayton Park last week and low and behold I notice this Yellow Box Has been Blacked Out and repainted at least 2 foot smaller, Now I ask myself when did this happen, Because I never noticed this when I first got the ticket earlier on this year.

      So I have written or should I say Emailed to the propriate Person under the Freedom of Information Act when this was done and I am waiting for the answer, I have had a Email to say thankyou and my requestis beeing delt with.

      Needless to say if this as done in or after the time I was challenging this Ticket, Then I can assure you all I will be chasing my £120 to be returned to me.

      What is needed is for someone to get a petition going to get this Yellow box removed as it serves no perpose at all exept to put money into the coffers of Islington.

      Regards to one and all.

      Phil.

  13. Reena Dhadwal says:

    I received a code 31 for stopping and entering in a yellow box junction in on Upney Lane,IG11.

    I appealled against it as the box junction is invalid, it deviated from the guidelines set out in both the exit area looking to be more than 10% longer than the total length of the box. Also, the corner of the box does not go up to the kerb, it finishes on the road before a cycle lane. However the Barking and Dagenham council still rejected the representations and are bulling me into paying for something that is invaild.

    help what should i do?

    • Reena Dhadwal says:

      I received a code 31 for stopping and entering in a yellow box junction in on Upney Lane,IG11.

      I appealled against it as the box junction is invalid, it deviated from the guidelines set out in both the exit area looking to be more than 10% longer than the total length of the box. Also, the corner of the box does not go up to the kerb, it finishes on the road before a cycle lane. However the Barking and Dagenham council still rejected the representations and are bulling me into paying for something that is invaild.

      help what should i do?

    • jason neilson says:

      hi Reena.
      I got done at exactly same junction,and appealed over exactly the same thing in the junction markings not running to the kerb,and the length being longer than the allocated 10%.
      I appealed to the council,who rejected this-but followed up by appealing to independent adjudicator,of which i am still awaiting an outcome.
      I am not sure,but if you didn’t choose to appeal against their decision,i would think that they will apply to a debt collection agency to collect monies outstanding-which will then be a lot higher by that time. I am no legal expert on this,so don’t quote me.
      I will post here when i get a reply-if it is quashed and deemed illegal that may help you.
      I would be interested to here from any other people here who have been caught out at upney lane in barking.

      • Lisa says:

        I too have been caught in Upney lane and have made an appeal due to size of junction box this was over a month ago and am still waiting for response.

        Just a thought the camera car when issuing our tickets is parked on a single yellow line in a bus lane, this is legal?

  14. jason neilson says:

    it would seem that is a ‘grey’ area.
    i took pictures of the camera car parked up.
    I looked the rules of cycle lanes up and to cut to the chase,basically the cycle lane is a broken white line and not a solid line. the law states that you can cross into a cycle lane with a broken white line,but does say that you shouldnt park in it unless unavoidable. Obviously this could be argued that to park here for this reason IS unavoidable,but from what i have read up,this would be a hard line to persue.
    However i have noticed a loading restriction,and if there is anyone better informed from a legal perspective i would like to hear from them,because as i understand it an argument on parking/loading is another grey area.

    • lisa says:

      The cycle lane has restrictions no parking between 8am and 6pm and they were definately parked their at 5.30pm.

  15. jason neilson says:

    R.e box junction upney lane;
    Just to let people know,have at last got my response from the adjudicator regarding my appeal,and they found in my favour.
    my key winning argument was that they had not shown clear evidence or proof of the time that i entered the box junction-of which they must show clearly.
    So anyone who wishes to appeal and needs any help i am willing to share my admittedly limited knowledge and help them in any way i can

  16. james abbott says:

    hi everyone. also got a ticket here. appealed it on a number of grounds goes more then 10% past junction. doesnt meet kurb due to cycle lane, has more then 4 sides (it has 6 sides) on top of this barking and dagenhams nto’s are wrong. they clearly stat you can only pick one option why you are contesting the ticket it isnt allowed to do this. as well as that they misled you with the way they write the controvention they say entering and stopping in box juntion. that is not the controvention. the controvention only occers if you enter the box junction when there is aleady a stationary vehicle blcoking the exit. so if you follow a car into that bay and end up stopping there because of lights changing or person in front suddenly stopping there is no controvention. on top of that the entrance of that box junction has one lane and the exit has to. so if you entre it and you want to turn left and the right lane is empty you can stop in it as you are stopping out of choice due to where you are going. they cant argue the fact of exit blocked by stationary vehicel because there is a valid exit. an appeal on that ground has already one. im going to patas now and i am also reporting a person that rejected my appeal to magistrates for malfeasance in office. i put every one of them points above plus more and she didnt answer one and didnt send me any evidance. for those that dont know malfeasance in office is basicly official misconduct but because of the postion they are in they are answerable to the courts. i would like to note that the high way and road mantinaince department are awear that this box is unenforceable but the ticketing and enforcement department are choosing to ignore this. the word fraud comes to mind….

    • George says:

      It’s interesting you say:

      “they misled you with the way they write the controvention they say entering and stopping in box juntion. that is not the controvention. the controvention only occers if you enter the box junction when there is aleady a stationary vehicle blcoking the exit. so if you follow a car into that bay and end up stopping there because of lights changing or person in front suddenly stopping there is no controvention. ”

      Does everyone else agree with James’ comment, above?

      I was in moving traffic and a lorry stopped in front, leaving me stranded behind, in the yellow box. I don’t know why it stopped. Perhaps it was traffic lights up ahead or just general stop-start in busy traffic. It seems to me the only way to avoid any risk is to stop at every yellow box and wait until there’s enough clear space ahead, beyond the box, to fully accommodate one’s car. Is that what you’re expected to do?

  17. Myranda says:

    Myranda…

    [...]Significant Adjudication « Money Box Junction[...]…

    • Hayes says:

      Has anyone noticed that this box junction has now been removed? Does this indicate that it was in fact illegal and are all the people who paid fines rpreviously entitled to a refund?

      • Hayes says:

        I have sent an email to Barking & Dagenham council regarding the validity of said box junction and the have asked for the details so they can investigate. Maybe possible to get refund.
        Anyone looking at this should do the same.

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