Jump to content


  • Tweets

  • Posts

    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Is this yellow box junction legal?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3363 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

a) A box junction must meet the kerb on all 4 corners but this one is marked at a T junction and is not marked at all on the westbound carriageway.

 

 

If you are going to try and be technical you should at least take 5 minutes to check you are correct!!

 

 

http://www.legislation.gov.uk/uksi/2002/3113/images/uksi_20023113_en_150

Link to post
Share on other sites

"I am therefore unable to accept the Apellent's submissions as to the construction of these regulations attractively and meticulously put though they were, The vehicle as seen in the CCTV was in contravention albeit briefly and the PCN was lawfully issued"

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

 

This case proves my point perfectly.

Have you read the whole document?

Are you trying to prove me wrong by providing evidence supporting my view?

You're not making much sense, should have found a case supporting your statements, not mine.

I'm puzzled...

Link to post
Share on other sites

This case proves my point perfectly.

Have you read the whole document?

Are you trying to prove me wrong by providing evidence supporting my view?

You're not making much sense, should have found a case supporting your statements, not mine.

I'm puzzled...

 

Considering the document opens with the statement that the case surrounds the interpretation of the statutory contravention of the stopping of vehicles in a box junction you are either being deliberately stupid or you really are an idiot!

 

 

Prohibition conveyed by markings in diagram 1043 or 1044

 

7.—(1) Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 shall each convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles

Link to post
Share on other sites

" The question might also be asked why then the draftsman did not simply create a contravention of stopping in a box junction and have done with it? What is the point of the reference to entering so that...? .This must be a matter of speculation, but the draftsman could hardly create such a contravention which, if read literally, would prohibit a motorist from stopping at all and thereby require the motorist to drive on into the rear of the stationary vehicle ahead. Exempting vehicles which had to stop to avoid doing so (obviously necessary from a common sense point of view) would then create an exemption for all vehicles doing what the junction was intended to prevent. Almost every motorist stationary in the junction would simply say, truthfully enough, "I had to stop to avoid running into the vehicle in front of me". The drafting of the contravention with its reference to "entering" places the emphasis on the motorist holding back at the entrance and avoiding the necessity to stop in the first place."

 

 

I told you to read the all document.

Edited by ploddertom
No need for name calling.
Link to post
Share on other sites

Can we all calm down a bit. This is going round in circles and not helping the OP at all who has not returned for the last 3 days or so since Post 3 and who can blame them. I accept there will be a difference of opinion in what everyone thinks but this has gone too far.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Hang on a minute, it's ok for green and mean to call me stupid and an idiot and then I get my post altered because I used the same terms supported by evidence.

What's going on???

No, he said you were either being deliberately stupid or an idiot, not both.

 

I'm still waiting for an example where a motorist was issued a pcn solely for entering a YBJ.

Link to post
Share on other sites

No, he said you were either being deliberately stupid or an idiot, not both.

 

I'm still waiting for an example where a motorist was issued a pcn solely for entering a YBJ.

 

You're both illiterate idiots.

It's in black and white in my previous posts.

If after reading one line your brain starts thinking about the next can of beer surely we can't have a constructive argument.

Resorting to insults proves your inability to interact humanly.

I am surprised that the site team is fully supporting your failed attempt at trolling/bulling and even helping by editing my posts.

I must have misjudged the morality of cag.

Link to post
Share on other sites

You're both illiterate idiots.

It's in black and white in my previous posts.

If after reading one line your brain starts thinking about the next can of beer surely we can't have a constructive argument.

Resorting to insults proves your inability to interact humanly.

I am surprised that the site team is fully supporting your failed attempt at trolling/bulling and even helping by editing my posts.

I must have misjudged the morality of cag.

 

These offensive comments are not acceptable here.

You are banned for 7 days.

A shame because you are generally a decent poster.

 

If you'd care to withdraw the comment then we'll lift the suspension

 

I now see that the trade of insults was stared by Green and Mean. I've lifted the suspension and given you both an infraction.

Why don't you both grow up and discuss without insults. You don't make it fun for anyone - either of you

Edited by BankFodder
Edit
Link to post
Share on other sites

The only reason the LA don't usually issue pcn for entering the box when the exit is blocked but the vehicle doesn't stop because traffic moved, is because it would seem unreasonable to prosecute someone who has not caused any obstruction to the traffic.

 

The reason is that it is not a contravention. Although the vehicle may have entered the box when the exit was blocked by a stationary vehicle, it only becomes a contravention if the vehicle stops in the box, if it manages to exit the box without stopping - no contravention.

 

 

The Highway Code gives general advice and gives the references to the relevant legislation. In this case, as in post 10, it is The Traffic Signs Regulations and General Directions 2002, Schedule 19, 7, (1).

'no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles'.

 

.

Link to post
Share on other sites

Ho hum slap on wrist accepted! I still don't understand how the following statute can be interpreted by anyone with a basic understanding of the English language as making it an offence to enter a box junction without having stopped but I'll leave that for others to ponder on.....life is just too short!!

 

 

Prohibition conveyed by markings in diagram 1043 or 1044

 

7.—(1) Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 shall each convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles

Link to post
Share on other sites

 

 

Prohibition conveyed by markings in diagram 1043 or 1044

 

7.—(1) Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 shall each convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles

 

taken together with post #6 for eg. it does seem to follow as you say?

what does para 8 say?

Link to post
Share on other sites

taken together with #6 for eg. seems to follow.

what does para 8 say?

 

 

 

Para 8 is for when a yellow box is used with a traffic calming scheme eg give way to oncoming traffic but the offence is still stopping.

 

 

8. When the road marking shown in diagram 1043 or 1044 is placed in conjunction with the signs shown in diagrams 615 and 811 on an area of carriageway which is less than 4.5 metres wide at its narrowest point, the road marking shall convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of oncoming vehicles or other stationary vehicles beyond the box junction

Link to post
Share on other sites

Para 8 is for when a yellow box is used with a traffic calming scheme eg give way to oncoming traffic but the offence is still stopping.

 

 

8. When the road marking shown in diagram 1043 or 1044 is placed in conjunction with the signs shown in diagrams 615 and 811 on an area of carriageway which is less than 4.5 metres wide at its narrowest point, the road marking shall convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of oncoming vehicles or other stationary vehicles beyond the box junction

 

cheers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...