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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Box Junction PCN - New Kings Road j/w Bagleys Lane AGAIN!!!


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Hello there! Similar issue to other threads. Googled my situation as I always do for this kind of thing and low and behold!!!! Find all this! And that figure stating how much the area makes the council in fines is truly shocking!

 

Anyway, few images here to see if I have grounds for appeal! From what I make of it the bus was still moving at 14 seconds when I entered and then stops at 16 seconds resulting in me having to stop also. The right handle lane is empty but I'm saying the bus is too far over for me to enter that lane as my exit? Surely we can't be expected to wait for the vehicle in front to completely clear the box junction before entering?! We would get nowhere! Bus is clearly moving when I enter. If the bus wasn't moving then I wouldn't have entered, simple as that as I know not to. It's not like I've seen it stationary there and driven in regardless like some idiot! I would have no issue if that was what I had done. It was my first time driving in London too, and didn't know traffic at the junction moved quite so ****e!

 

Any help much appreciated.

 

NB There's a 6th pic that won't upload at 37 seconds showing me outside of the box.

 

Cheers guys!

 

1.jpeg

 

2.jpeg

 

3.jpeg

 

4.jpeg

 

5.jpeg

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From the pics you have shown, the 2 buses appear to be stationary throughtout, so at the moment, I could see no justification for you entering the box. i.e. you could already see that your exit was not clear so should have remained at the far side of the box until the exit cleared.

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Picture one shows the bus with it's rear wheels on the yellow line, picture 2 shows it's rear wheels are clear of the yellow line?! If that's the case then I enter when the bus is moving. Surely?!

 

From the pics you have shown, the 2 buses appear to be stationary throughtout, so at the moment, I could see no justification for you entering the box. i.e. you could already see that your exit was not clear so should have remained at the far side of the box until the exit cleared.
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Picture one shows the bus with it's rear wheels on the yellow line, picture 2 shows it's rear wheels are clear of the yellow line?! If that's the case then I enter when the bus is moving. Surely?!

 

OK, he was "moving" inch by inch it would seem.

The bus may have moved about 4ft in the 2 seconds between pic1 and pic2. Speed can be calculated as 1.5ft per second per mph.

 

4ft in 2 seconds = 2ft in 1 second. divide by 1.5 =1.33mph.

 

I'd class 1.33mph as pretty much stationary for the purpose of a YBJ and would not want to enter it till I saw some more movement than that, but if you think an appeal is worth it, go for it.

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Yeah that's pretty slow and I don't understand why I would have entered if that were the case. That's why I tend to think that the bus was stopped and I wasn't in the box (because I'm a fair way behind it) then the bus started moving so I enter the box thinking we are all engines go and nope, it stops again.

 

OK, he was "moving" inch by inch it would seem.

The bus may have moved about 4ft in the 2 seconds between pic1 and pic2. Speed can be calculated as 1.5ft per second per mph.

 

4ft in 2 seconds = 2ft in 1 second. divide by 1.5 =1.33mph.

 

I'd class 1.33mph as pretty much stationary for the purpose of a YBJ and would not want to enter it till I saw some more movement than that, but if you think an appeal is worth it, go for it.

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The only way of reviewing that situation properly would be to view the actual CCTV footage rather than just looking at the still photos they have sent you. The footage may support your argument that the bus appeared to have moved again after stopping, then stoped again. I am still fairly sceptical that for how solid the traffic appears to have been that you should ever have been suckered into following the bus given the little movement he seems to have been able to make.

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Yeah I think you're right. I have read elsewhere on here that the lights the other end of the section in front of the bus stay green for about 5 seconds! So that could explaint it. I wouldn't have been able to see those lights either. And there's no way I'm going back to that **** hole to view some CCTV. Just see what they say to my written appeal. If they say no I'll pay it, worth a shot. Will update.

 

The only way of reviewing that situation properly would be to view the actual CCTV footage rather than just looking at the still photos they have sent you. The footage may support your argument that the bus appeared to have moved again after stopping, then stoped again. I am still fairly sceptical that for how solid the traffic appears to have been that you should ever have been suckered into following the bus given the little movement he seems to have been able to make.
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YAnd there's no way I'm going back to that **** hole to view some CCTV.

 

Sometimes it is possible to view the CCTV footage on the internet using a link code the council may be able to give you. Worth asking them. If not, I think you can ask for a copy to be sent to you.

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Either I or the owner of the car I was driving got caught in this junction - only I keep the car and the post goes to the owners old address and so I had no knowledge of a pcn being issued. I was stopped randomly and ended up having to pay almost 600 ! More than a year's worth of fine and interest. If I had not paid the bailiffs at the road side would have inpounded the car....

eek.

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  • 3 weeks later...

I recently beat the council on this junction, and in the process found out quite a lot about this junction. The following link shows that there are three different documents all purporting to be the authority for this junction. http://forums.pepipoo.com/index.php?showtopic=71696.

 

However for those people who want a less technical and legal argument, go to the PATAS website and use the "Register of Appeals". Then click 'search' under the blue P for Parking sign. This brings up a Statutory registry Query with yellow fields.

 

In the filed for 'Date of decision' near the bottom go back a few months. The longer the better.

In 'Local authority' choose Hammersmith and Fulham.

And in 'Decision' choose 'Allowed'.

 

Click search and work your way forward through the dates to find the location, in this case Bagleys lane, and look at the Adjudicator's reasoning. This gives a clear indication of the number of cases H&F lose and also the best way to frame your argument. the adjudicators are busiry people and this will help you get to the point. You may also gather a list of similar cases to persuade your Adjudicator.

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