How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have received a penalty charge notice offence allegedly

Resolved Question:

I have received a penalty charge notice for an offence allegedly committed on the 23/04/2015 (entering a yellow box junction) but the notice is dated 03/07/2015 is this still valid given the passing of time, should this not have been issued within 28 days?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you the registered keeper?
Is this a council fine?
Customer: replied 2 years ago.

My company is the registered keeper. Camden have issued the fine for entering a yellow box junction and then stopping. If memory serves correctly the traffic was moving at a reasonable pace and then stopped without warning. The cctv images they have given are just stills. They have cited the camera evidence is available to view, but again these are just stills. I have contacted Camden about this as stills neither imply movement nor stationary activity as there are no indication of brake lights. However the document was "sent" on the 03/07/14 but only arrived today, hereby either forcing me to pay the fine or risk in doubling in the event of appealing (which I have already done given the lack of evidence). yet the offence occurred nearly two and a half months previously?

Customer: replied 2 years ago.

Jo,

Have you received my rely as its vanished my end!

Ty

Adam.

Expert:  Jo C. replied 2 years ago.
Did you enter a box junction when you couldn't escape?
Customer: replied 2 years ago.

The traffic was moving at the time and stopped without warning.

Expert:  Jo C. replied 2 years ago.
Was it clear when you entered?
Customer: replied 2 years ago.

I was behind a taxi and a bus and the traffic was moving, With a bus in front I couldn't see the box junction until I was in it and then the traffic stopped. The cctv image (not video) shows me with 75% of the vehicle inside the box junction on the corner of the crossroads. The taxi and the bus in front are inside the box junction and the traffic to my left is also inside the box junction. I bet the TFL bus didn't get a fine!

Expert:  Jo C. replied 2 years ago.
Thank you.
The council will have moving CCTV footage. They will only have sent you stills because it is impossible for them to send out the moving image. They don't use stills to detect offences like box junctions.
There is a challenge in saying that they did not send this out within 28 days. The law changed to allow the issue of fines by CCTV that required that they be sent out within 28 days. Adjudicators do sometimes find ways around that however.
If this is a box junction then the issue is whether or not you were able to escape at the time that you entered. It's not really particularly clear here whether or not you say that you were. There is certainly no defence in saying that you couldn't see. There is a defence in saying that traffic was moving at the time you entered and came to a stop unexpectedly.
Usually you can view footage online now and given the issues in this case it is probably worth doing so.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No I think you have been more than helpful.

In summary they should have sent the PCN out within 28 days, yes.