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Below I have posted a list of events, including letters to and from Haringey Council, if anyone can let me know if I have done things correctly I would be very grateful.
On 28.07.2008 I receive a pcn from Haringey Council for entering a box junction.
On 30.07.2008 I write the following letter to Haringey Parking Services:
Dear Haringey Parking Services
I write to you with reference to the above PCN number, my position in the ‘box junction’ was due to mitigating circumstances, which I intend on proving.
I would like to request the complete video evidence two minutes prior to the offence and two minutes after the offence, as this will show sufficient evidence and uphold my plea for mitigating circumstances.
I would also like to note the picture quality showing a registration in the second picture, is of very poor quality and request a clearer picture be sent to me.
Yours Sincerely
On 07.08.2008 Haringey Parking Services write back to me letting me know an appointment has been made for me to view the CCTV footage on the 08.10.2008
On 08.08.2008 Haringey Parking Services write to me letting me know they have received my representation in relation to the PCN and a reply will be sent to me as soon as possible.
On 12.08.2008 I receive the following letter: Head of Parking Services Ann Cunningham Haringey
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Dear
This is a legal document called a Notice of Rejection
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I refer to the representations made by you about the issue of the above Penalty Charge Notice.
We have considered your representations and evidence according to the requirements of schedule 1 to the London Local Authorities and Transport for London Act 2003, but have decided that they do not establish any grounds or suitable reason to cancel the penalty charge notice.
This is because your vehicle was recorded stopped in a Box Junction at the junction with Westbury Avenue, on Green Lanes N15, at 15:43hrs on the 19thof July 2008 by CCTV camera No.08. This is an instant contravention.
The video evidence that is held in this office clearly shows that your vehicle entered and stopped for several seconds in the box junction when your exit was not clear. The purpose of a box junction is to warn drivers not to enter it unless they can see that they are able to immediately leave it. Your vehicle entered the box and had to stop in it because your exit was not clear due to the vehicle in front becoming stationary. Because of this, we cannot cancel your ticket.
Therefore, within 28 days of the date of this letter, you should either pay the penalty charge or appeal against our decision.
If, however, you still wish to view the video evidence, please contact us on 0208 489 1234 to arrange an appointment.
If you choose to pay, because you wrote to us during the 14-day period when you could have paid the penalty charge at the reduced rate, we have decided to offer you a further 14 days from the date of this letter during which you can pay the reduced amount of £60.00. If you have not paid before the end of this 14-day period, you will have to pay the full penalty charge of £120.00. Information about how to pay is attached.
If you choose to appeal, you should read the notes attached to the form accompanying this letter, then complete the form and send it to the Parking and Traffic Appeals Service at the address on the form - P0 Box 1010, Sutton, Surrey, SM1 4SW. Please note that you must appeal within 28 days, and that there are set grounds for an appeal, which are explained in the notes. 2005 ~2006 • IGettingClosorto Communities
Now I am a little confused.
I never wrote in and gave representation, yet they have written back and have rejected my representation.
My only letter to them was as dated on 30.07.2008 asking for further evidence. (it seems they have treated this as representation).
They have sent me a rejection letter and to date I have not received the ‘Notice to Owner’ is this correct?
They have sent me the info on how to appeal to the Parking and Traffic Appeals Service or pay the PCN with 14 days for a reduce rate of £60,
how can all the above be in motion but the date they have given me to view the CCTV evidence is in October?
You maybe wondering what are the mitigating circumstances?
I was at a set of traffic lights at a junction, in front of me there is a box junction which spans across 4 lanes. I know I should not enter the box junction when it is not clear so I wait. It’s very busy and the lights turn green and finally red and I am still waiting at the traffic lights as it’s very busy.
The lights go green again then the road ahead of me is clear, so I proceed, but a car from the other junction jumps the red light and is in front of me, causing me to stop in the box junction.
Now if all this is caught on CCTV I am guessing this should be an open and shut case right?
From the CCTV picture they have sent me, you can clearly see me waving my hands out of the window telling the car in front to move forward.
I have a feeling I will probably end up at the Parking and Traffic Appeals Service, but I am worried if they cannot show all the CCTV evidence what proof do I have.
Their NoR is rubbish in my view. the alleged offense does not happen when the vehicle stops it happens upon entry to the box.
From your description you did not contravene. Go and see the video in person -after you have got your head around the box junction rules, they are not as simple as many think.
also look at moneyboxjunction site.
I agree with lamma that the rule states that you "should not enter the box unless you can see that your exit is clear and the only thing preventing you from leaving is oncoming traffic".
So take the scenario that you want to turn right and can see your exit is clear with maybe a pedestrian crossing several car lengths into the new road. You enter the box and wait for oncoming traffic to cease. 3 of those cars actually turn left (how the hell were you to know they would!) and get held up at the red light of the crossing (wow! couldn't see that coming either). These 3 cars now completely obstruct your exit and you are now "forced" into this apparent contravention. Should you now be prosecuted for STOPPING in the box which isn't the offence in the first place? ENTERING the box when you shouldn't is the offence and you didn't commit that one did you coz the EXIT WAS CLEAR at the time of entering.
Haringey Council - Box Junction
from Haringey Council for entering a box junction.
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Originally Posted by JBond
