When Things Go Right

This month has been good so far. I was assisting on three cases all lined up for appeal hearings this month. The Local Authorities ran away from every case. Here’s a summary:

Case #1 (Haringey)

The appeal was made on the basis that the Penalty Charge Notice did not specify the precise location of the box junction. It just said “Green Lanes”. There are many box junctions in Green Lanes, so I think Haringey should have the courtesy to tell people which one they were caught in. Generally speaking the photos don’t help.

The notice of rejection was also invalid because it stated that the recipient should respond within 28 days of the letter rather than 28 days from the service of the letter i.e. when it was received.

This case went down to the wire because Haringey did not have the guts to withdraw ahead of the appeal hearing. Thanks people.

Case #2 (Transport for London)

This case challenged the wording of the PCN, the wording of the notice of rejection and the lawfulness of the box junction markings. The junction was cited as John Islip Street & Bessborough Gardens SW1P, but Bessborough Gardens is probably better known as a section of Vauxhall Bridge Road.

This box is unlawful and unenforceable because it extends well beyond the mouth of John Islip Street in both directions. It has not been authorised by the Secretary of State for Transport.

TfL’s paperwork is also highly suspect, so I would recommend anyone getting a moving traffic PCN from them to challenge it.

At least they did have the courtesy to withdraw a few days before the hearing claiming a procedural error.

Case #3 (Haringey again)

This was one of their famous “phantom” box junctions. Representations were made on the same basis as the case above in that the junction was ambiguously specified as “Green Lanes”. When the notice of rejection came back it said that the box junction was at Green Lanes & Kimberly Gardens. Well, sorry. There is no box junction at Green Lanes & Kimberly Gardens. So how can you enforce a non-existent box junction?

Case withdrawn. The excuse was mitigating circumstances. Don’t make me laugh!

The message is, loud and clear, do not be afraid to challenge the penalty charge notice. The chances are the local authority will back down.

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9 Responses to When Things Go Right

  1. Comstock says:

    What an excellent trio of results.

  2. Ah, if only there were more!

  3. Jason Etherton says:

    Well done, and many thanks!

  4. Paul Casey says:

    Great results and fantastic website. With regards to case # 1 above, what box did you tick on the appeal form. I too have a yellow box junction PCN from HARINGEY which simply states GREEN LANES N4. There are at least 3 (or 4) yellow box junctions on Green Lanes N4. Also the N of R to my challenge states …”within 28 days of the date of this letter”. Should I include this in the appeal? Thanks for your help and keep up the great work!!

  5. Steve says:

    I too have exactly the same case as Paul’s above. I too was photographed on GREEN LANES.

    I’m unsure of what box to tick on my appeal form. My PCN just states GREEN LANES N4 and I too have it stated that it’s issued to me “within 28 days of the date of this letter”.

    My picures on the PCN show 1 picture of my car (not in a box junction) and 1 picture of my car stuck in a box junction behind another car (with sufficient space behind me for traffic). As the traffic lights changed to red ahead of me, the person in front of me had to brake hard and the traffic was backed up leaving me in the junction. In other words, I feel that this action was unavoidable. The picture does not show the exit of the box junction.

    Do I have a case for appeal?

    Any help would be greatly appreciated.!

    Steve

  6. tony says:

    I have a PCN also for entering and stopping in a box as the PCN said in Green Lanes, I stopped for three seconds as the pictures indicate to exit fron the box ,necessary to avoid crashing into a van,who was forcing his way into green lanes coming from Endymion Road.on my appeal I explained this, saying they can see it clearly from the pictures,but I have now received a “Notice of Rejection” They sayI entered the box when my exit was not clear and they have more video evidence,this is nonsence from the pictures they sent to me.
    tony

  7. Irene says:

    I too have a yellow box junction PCN from HARINGEY which just says GREEN LANES N4 like the cases above. I had to break hard in traffic and unfortunately got stuck in the box but it is clearly visible from the pictures that there was sufficient space for cars to move behind me. It also states on the notice that the penalty charge of £120 must be paid before the end of the period of 28 days beginning with the date of this notice. Should I include this in the appeal?

    Thanks
    Irene

  8. george says:

    I have just received a pcn for entering and stopping in a box junction from islington council. They enclose two images of my car stationary half way into the box.My exit obviously became blocked for whatever reason, as it does on london streets.There is 20 second difference in the photos which are exactly the same.
    Does anyone know if i have solid grounds for appeal if the vehicle is only half way into the box junction before stopping??ie only the front wheels are in the box.

    Many thanks

    George B

  9. Breezer says:

    I know its too late for any earlier comments/viewers to benefit, but newer readers reading george’s comment (March 2009) should be aware that trifling cases can be thrown out – there’s a legal phrase involving the Latin “de minimis” relating to it.

    So if just a tiny part of your car, or for just 4-5seconds or less, in the yellow box junction (YBJ) ought to be appealable on that case if not for other reasons (check whether the box junction is legal, do a bit of research on this blog for the diagrams / it might have been specifically authorised but you can check online for this too I believe; or if they don’t follow process properly).

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