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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I have received A Penalty Charge Notice from "The London Borough

Customer Question

I have received A Penalty Charge Notice from "The London Borough of Brent who believes I am liable to pay a Penalty Charge with respect of the vehicle, for the following alleged contravention. Contravention code 31: Entering and stopping in a box junction when prohibited. In STATION ROAD, Cctv. on 19/02/2013 at 17.47 hrs. The alleged contravention was noted by an ENFORCEMENT OFFICER who was observing real time pictures from a road side camera."
Do I have a good chance at appealing that the ticket has not forfilled the law?
There are 2 box junctions in Station Road, they have not stated which one. There is no postal code ie NW10 or second road named. There is no identification of enforcement officer (a number) just officer of which operating the Brent control room there would be many. Kind regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Are you saying you did not commit the offence?
Customer: replied 3 years ago.

FOR JOMO1972


I commited the offence but I believe that the the PCN has not given sufficent information which is required under Transport for London Act 2003 for a conviction

Customer: replied 3 years ago.

FOR JOMO1972 I did commit offence but believe that the PCN lacks enough information for a conviction and that I have a right to appeal on those grounds.

Expert:  Jo C. replied 3 years ago.
Isn't there going to be CCTV evidence though? Usually box junctions are captured in that way.
Customer: replied 3 years ago.

FOR JOMO1972. Forget the box junction please. Yes there are pictures which show my vehicle committing the offence. It is the PCN issued, what facts are needed? The location they have said In Station Road. They have not given the 2nd junction name. There are 2 Box junctions in Station Road they have not given a postal location identifying which junction. Please read my request carefully so that you understand what my question on law is about. Do I have a right of appealing the PCN issued.


Regards Ross Elliston


 

Expert:  Jo C. replied 3 years ago.
I've read your question and your appeal will fail I'm afraid.

It doesn't really matter where this took place as there will be footage.

Even if the PCN is wrong, they can just play the CCTV which can be attributed to a particular camera.

These are technical grounds for appeal which will fail for common sense reasons really.
Customer: replied 3 years ago.

FOR JOMO1972. Thank you for not being able to answer my request I shall make my appeal and if I have success will inform you. Apparently common sense when writing out the PCN notice is not considered correct the true facts are required. Regards


 


Ross Elliston

Expert:  Jo C. replied 3 years ago.
Ok.

Good luck then.

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