Yellow box junction notice.
Yellow box junction notice.
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Discussion

LovelyTia

Original Poster:

553 posts

210 months

Saturday 2nd January 2016
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Evening all.

After spending 12 hours at work today I get home to a nice letter informing me that I'm being fined £195 for stopping in a box junction when prohibited.

I have a few queries though

I never received the first letter to appeal it so should I just ring them and let them know?

Also the contravention happened on the 11/09/15 and by their facts on the letter the pcn I'm missing was sent to me on the 02/12/15.
Surely over 2 months is a bit long to do a pcn, is that the norm?

End of the day if I did it I'll pay it but not at the increased rate as I never received the first letter (if I had I'd have paid it there and then to get the reduced rate) but I have no way of appealing it with this letter

Cooperman

4,428 posts

280 months

Saturday 2nd January 2016
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You can always take it to court.

Hamish Finn

476 posts

138 months

Saturday 2nd January 2016
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Cooperman said:
You can always take it to court.
She can always ring them up and let them know.

LoonR1

26,988 posts

207 months

Sunday 3rd January 2016
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Yet another PHer doesn't receive their first letter about a motoring offence. Big shock rolleyes

Red Devil

13,527 posts

238 months

Sunday 3rd January 2016
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LovelyTia said:
Also the contravention happened on the 11/09/15 and by their facts on the letter the pcn I'm missing was sent to me on the 02/12/15.
Surely over 2 months is a bit long to do a pcn, is that the norm?
IF those two dates are kosher, the issuing authority appears to be well out of time. Can't remember which Regulation/S.I. it is, but from memory a postal PCN must be served before the end of 28 days beginning with the date of the alleged contravention. The only exception is if the local authority has, within 14 days thereof, applied to the Secretary of State for the relevant information (i.e. RK details from the DVLA) AND that information has not been supplied before the date after which the authority would not be entitled to serve a penalty charge notice (i.e. the 28 days mentioned above). In that case they are given more time: 6 months I believe.

The above assumes the OP is the RK and the address on the V5C is the correct one. I would be asking DVLA for the date when the local authority submitted its application and when the response was sent. If the dates are such that the local authority cannot avail itself of the exemption, then appeal on the ground of a procedural impropriety.


mybrainhurts

90,809 posts

285 months

Sunday 3rd January 2016
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LoonR1 said:
Yet another PHer doesn't receive their first letter about a motoring offence. Big shock rolleyes
You old cynic. It happened to me, it can happen to you. I don't expect you'll be mentioning it here when it does, though.

davepoth

29,395 posts

229 months

Sunday 3rd January 2016
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Red Devil said:
IF those two dates are kosher, the issuing authority appears to be well out of time. Can't remember which Regulation/S.I. it is, but from memory a postal PCN must be served before the end of 28 days beginning with the date of the alleged contravention. The only exception is if the local authority has, within 14 days thereof, applied to the Secretary of State for the relevant information (i.e. RK details from the DVLA) AND that information has not been supplied before the date after which the authority would not be entitled to serve a penalty charge notice (i.e. the 28 days mentioned above). In that case they are given more time: 6 months I believe.

The above assumes the OP is the RK and the address on the V5C is the correct one. I would be asking DVLA for the date when the local authority submitted its application and when the response was sent. If the dates are such that the local authority cannot avail itself of the exemption, then appeal on the ground of a procedural impropriety.
It'll be a different law if it's inside or outside of London I believe - OP, can you confirm?



LovelyTia

Original Poster:

553 posts

210 months

Sunday 3rd January 2016
quotequote all
It's transport for London. Happened in Croydon.

V5c is in my name at the correct addresss.

I'm not one to ignore these, if I'd had the first letter I would have paid up but I'd like to at least see the pictures which I don't have the option to.

Edited by LovelyTia on Sunday 3rd January 07:10

Rick101

7,190 posts

180 months

Sunday 3rd January 2016
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LoonR1 said:
Yet another PHer doesn't receive their first letter about a motoring offence. Big shock rolleyes
I'm with you on this one. It's tiresome.

Though saying that...I phones Dartford Crossing the other day to say I didn't receive a letter! Had occurred to me about a month after crossin that I hadn't paid. I would not have had letter sent to me as I'm not the registered keeper. Regardless I phoned then and have sent them a letter owning up and offering to pay.

Hoping to hear back that I just have to pay whats due and not the fine. Even if I do it's only £40 or so, so not the end of the world.

Account now set up!


LoonR1

26,988 posts

207 months

Sunday 3rd January 2016
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mybrainhurts said:
LoonR1 said:
Yet another PHer doesn't receive their first letter about a motoring offence. Big shock rolleyes
You old cynic. It happened to me, it can happen to you. I don't expect you'll be mentioning it here when it does, though.
It's unlikely I'll get a yellow box penalty, as I don't enter then unless my exit is clear, or turning right.

I seem to get all my other post without any problems, such as all DVLA correspondence, council tax, credit card bills and so on. All this despite moving home twice in the last 18 months too. Of course, the pedants can hide behind "You don't know what you don't know" as their starting point and they're probably right, as I haven't had a letter from the Pentgaon accusing my of being an ISIS insurgent, which was no doubt sent last month.

Totes amazeballs.

LovelyTia

Original Poster:

553 posts

210 months

Sunday 3rd January 2016
quotequote all
I've never before not received my post unless we go back about 4 years.
I've received both my parking permits for work, which arrived around the time the PCN should have and had been requested by me at the end of October. My new staff travel passes also arrived with no issue.
As far as I can tell I'm missing no other post except that PCN and Novembers bank statement as it's not in my folder.

I'm not the kind to ignore these things. I've had one from parking outside my work just inside a restricted hour and would much rather just pay the reduced rate offered by the first letter then leave it to increase by 50%
I'm not stupid, if I have done it and the photo proved it (which I don't know because I've not seen the photo) then I'd rather pay that then have it raised to £195

Please if you have nothing to add other then to nay say, don't.

As it is this notice has arrived yesterday and I now have 5 days left of the 14 days given to sort it out as the date it was issued was 26/12/15

Edited by LovelyTia on Sunday 3rd January 10:28

oldnewbie

275 posts

176 months

Sunday 3rd January 2016
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There are 2 other people with my surname, that live within 100m of me, one of them is family that we haven't spoken to for years now, the amount of mail that doesn't get to us is worrying, fortunately there had been no financial consequenses, that I know about yet.
So it does happen.

Hilts

4,684 posts

312 months

Sunday 3rd January 2016
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LoonR1 said:
I seem to get all my other post without any problems, such as all DVLA correspondence, council tax, credit card bills and so on.
Which of course renders the entire postal system infallible.

Because YOU get everything.

LoonR1

26,988 posts

207 months

Sunday 3rd January 2016
quotequote all
Hilts said:
Which of course renders the entire postal system infallible.

Because YOU get everything.
I've never suggested it did. However, I'm equally unconvinced by the amount of threads we get on here by people claiming not to have received anything. There are two or three a week and I find that unbelievable.

mybrainhurts

90,809 posts

285 months

Sunday 3rd January 2016
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LoonR1 said:
mybrainhurts said:
LoonR1 said:
Yet another PHer doesn't receive their first letter about a motoring offence. Big shock rolleyes
You old cynic. It happened to me, it can happen to you. I don't expect you'll be mentioning it here when it does, though.
It's unlikely I'll get a yellow box penalty, as I don't enter then unless my exit is clear, or turning right.
Neither do I, but I've almost been caught twice in London. Once when the yellow paint was so faded, I could hardly see it and once when a loon (boom, boom) overtook me, cut across and blocked my exit. Fortunately my wheels didn't stop turning, but it was close.

LoonR1 said:
[I seem to get all my other post without any problems, such as all DVLA correspondence, council tax, credit card bills and so on. All this despite moving home twice in the last 18 months too. Of course, the pedants can hide behind "You don't know what you don't know" as their starting point and they're probably right, as I haven't had a letter from the Pentgaon accusing my of being an ISIS insurgent, which was no doubt sent last month.

Totes amazeballs.
Well, hallelujah for you. You're very fortunate, but then you're only 1/65,000,000 of the UK. If you're suggesting the other 64,999,999 are as lucky as you, I suggest your balls aren't as amazing as you think.

I rarely have a problem at my current address, but had misdirected/missing post weekly at another.

It's a bit slappy to suggest every claim about missing post is dishonest.

PS...for the avoidance of doubt, and before you go off on one, all figures are approximate..smile

PPS...If the Pentagon is sending out letters, this might be where they're going wrong. Send them a letter of rebuke before it's too late....smilesmile



Corpulent Tosser

5,468 posts

275 months

Sunday 3rd January 2016
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LoonR1 said:
, as I don't enter then unless my exit is clear, or turning right.

Even when turning right you cannot stop in a box junction unless your exit is clear (oncoming traffic excepted)

LovelyTia

Original Poster:

553 posts

210 months

Sunday 3rd January 2016
quotequote all
I'm fairly certain I know which one it is I've been caught in (for anyone that is local it's the one by pets at home/McDonald's just before fiveways, Purley way/Croydon road junction)

It's a notoriously bad junction at times which is why there is a box on it and it'll have been my back wheel being on it.
Looking back at my messages I was on my way to my partners so it makes sense I'd have been there so I'm not disputing that, I was there, I just would like to see a picture to ensure I was stopped/how much I was on the box and a chance to pay it at the original price, not the current increased price.

Osinjak

5,453 posts

151 months

Sunday 3rd January 2016
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Yet another thread derailed by a site know it all. Big shock. rolleyes

Red Devil

13,527 posts

238 months

Sunday 3rd January 2016
quotequote all
davepoth said:
It'll be a different law if it's inside or outside of London I believe - OP, can you confirm?
LovelyTia said:
It's transport for London. Happened in Croydon.
Found it - http://www.legislation.gov.uk/ukla/2003/3/section/...

@ davepoth. Different only inasmuch as the ability for local authorities outside of London to apply for decriminalised enforcement powers was conferred by Schedule 7 Part 4 of the Traffic Management Act 2004. AFAIK Cardiff is the only one that has taken them up for YBJ contraventions.

See - http://www.trafficpenaltytribunal.gov.uk/penalties...

However I believe the time limit and exception to be the same. It would fly in the face of logic/common sense if due process were to be different depending on where in the country the alleged contravention took place.

Edited by Red Devil on Sunday 3rd January 16:32

talksthetorque

10,821 posts

165 months

Sunday 3rd January 2016
quotequote all
LoonR1 said:
Hilts said:
Which of course renders the entire postal system infallible.

Because YOU get everything.
I've never suggested it did. However, I'm equally unconvinced by the amount of threads we get on here by people claiming not to have received anything. There are two or three a week and I find that unbelievable.
We regularly ( at least twice a month ) get people turning up at the door asking
"Is this 3 AAAA Close" or
"Is this 3 yyyy Drive"
Despite there being a sign at the beginning of the close that points out in 4 inch high letters that the road name is "ZZZZ Heights"
The sign is on our boundary wall.

What really amazes me is that they also miss the sign three feet away from our front door in three inch high letters stating
"3 ZZZZ Heights"

I usually set the dogs on them, but as they are miniature dachsunds, is doesn't really make much odds.

Back OTn Topic

OP, phone them up and tell them you didn't get the first letter.