Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello everyone! My first post i think. my sister was issued a pcn by haringey council london for stopping on the yellow box. I wrote for her defence but its all gone pear shaped now , any help will be apperciated. Thanks.
I have the PCN, defence letter & their reply in jpeg format to send via PM or any other alternative.
please post them here, suitably cleansed of identifying details - do you have the photo?
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
The offence, as you quite rightly appear to acknowledge, is entering the yellow box when your exit from it is not clear. It seems you gave this consideration when entering and believed both you and the bus could reasonably exit the junction. How you should have anticipated the bus stopping within the box to allow other vehicles to move seems unreasonable and would suggest each of us should pause our vehicle before entering a yellow box until there is at least space for our car beyond the box (even in free flowing "green lighted" traffic).
Their rejection letter however appears to contradict your version in that they state the bus DID NOT stop in the box. Have you viewed the CCTV footage yet, and if not I would suggest you do that to clarify if there is any supporting evidence that your exit was clear before you entered the junction.
Is there really only on box junction on Westbury Avenue, N22?
I suggest that one ground for appeal to the adjudicator is that the location of the contravention is insufficiently described.
Without knowing exactly which junction this is, it is not possible to ascertain of the 'box' is, in itself, lawfully marked.
If your description as in the appeal letter is correct (and better still, evident from the CCTV footage) then, IMO, no offence has been committed.
The offence, in law, is entering a box junction without your exit being clear; TfL for some reason twist this around to entering and stopping when prohibited - which for the most time means the same thing, but not always. If traffic was free-flowing then it is reasonable to assume that your exit would be clear. The fact that the bus driver stopped to allow other vehicles to enter the traffic flow is not one that can be anticipated (and displays a fair amount of arrogance by the bus driver concerned - that he feels he understands traffic flow better than transport officers/planners).
Sorry, the supplied images are too small to read properly, I can make out your letter, but not the NoR.
If you look at Google Earth at Westbury Ave - there appear to be NO box junctions at all.
The Box Junction appears to be at the junction of Green Lanes/High RD/Westbury ave and Turnpike Lanes/Langham road - but to my eyes appears to be actually on Green lanes.
Have you checked the TRO for the yellow box to see where the box is listed as being. If it is not listed on that road the surely a defence of "there is no yellow box on westbury avenue" would suffice.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Thought I was SMART now needed Help!!
by haringey council london for stopping on the yellow box. I wrote for her defence but its all gone pear shaped now
, any help will be apperciated. Thanks.
Reply With Quote
I will request to view CCTV then take it from there. Will post their verdict..