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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 24th October 2007, 14:15   #1 (permalink)
Nads
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Posts: 47
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Default PCN - is this valid

I have received a PCN for "31J Entering and stopping in a box junction when prohibited". at 09.17 on 20/09/2007

I would like to challenge this, however am not sure whether my points would make my challenge successful so would be grateful for any advice/assistance anyone can give.

Firstly, this is a route I often take, I stop at the junction indicate to turn right and when the lights change turn right driving through the junction box. On this particular morning I do remember going through the lights on amber which due to the traffic at this junction means you are actually in the box longer, however the traffic was moving quite freely, until I made my right turn on entering the road, the car in front stopped due to the lights ahead changing so I slowed down considerably, and slowly moved forward to a stop. Ok in the CCTV picture my back wheels are on the junction box, but I was actually still moving forward (granted very slowly, rolling) to join the traffic in front, which had now come to a halt due to the lights being red.

My second point, - on the actual PCN the "Date of this Notice:" section has not been dated, so I don't actually know when the 14 days starts. If someone could assist with this I would be grateful. If its from the date of the contravention, I received the PCN on Saturday 20th Oct, so my 14 days would already be up.

If it's not, how am I suppose to know when my 14/28 days are up.

Do councils have a time limit to issue a PCN?

Have they exceeded this time limit, if so is the ticket still Valid.

I have 2 photos from the CCTV one of the full vehicle and one of the back reg No. Taken 2 seconds apart.
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Old 24th October 2007, 14:25   #2 (permalink)
Bernie_the_Bolt
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Default Re: PCN - is this valid

A few things:

1) You are allowed to enter a box junction to turn right and to stop while waiting for it to be clear for you to do so.
2) The case cannot be proven from still pictures, you need to ask to see the video evidence.
3) As this PCN has been served by post there may be differences regarding the date of issue issue but I would have thought this was a fatal error to the LA's case.
4) There is a time limit for issue of PCNs but I'm not sure what it is.

Bottom line is that I think there is plenty to challenge this PCN on. If you can scan it, censoring personal stuff and post it we can take a look at it for you.
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Old 24th October 2007, 18:04   #3 (permalink)
Nads
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Default Re: PCN - is this valid

I can scan it but not sure how to insert in so you can view it?

Last edited by Nads; 24th October 2007 at 18:30. Reason: more to say
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