How Can I Challenge A PCN With The Contravention code 31J?
This blog serves to answer the question “How Can I Challenge A PCN With The Contravention code 31J?” You can only challenge this kind of PCN if you have the required evidence material for backing your statements for challenging the PCN’s assertion. It is essential for you to construct a strong PCN challenge by using the right kind of assertions in the grounds of your appeal such as contesting that the traffic violation never happened.
How Can I Challenge A PCN With The Contravention code 31J?
You can challenge a PCN with the contravention code 31 J by attaching evidence that shows your vehicle travelling at a yellow box junction area, and clearly explain how it was not blocking the path of the vehicle behind it (and so also did not lead the vehicle behind it to be stuck inside the yellow box area for an extended period of time). You must be able to show by using your evidence how your actions did not hamper the movement of the vehicle behind you.
This evidence can be in the form of a video clip or of a series of photographs which clearly show how your vehicle drives in front of the vehicle behind it and successfully avoids blocking its path and manages to give way to the vehicle after a certain period of time. Once you attach this video clip or set of photographs with your PCN challenge and add in acceptable grounds for your appeal, you can submit the formal representation.
This PCN with the contravention code 31 J is served to vehicles for blocking other automobiles behind them at a yellow box junction and you can get your’s cancelled by clearly proving that you did not commit the traffic violation (as it cannot be challenged by using mitigating circumstances).
In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.
You could begin the process by speaking to an online solicitor for as little as £5.
Why have I been charged a Moving Traffic PCN with contravention code 31 J?
You have been charged a Moving Traffic PCN with the Contravention code 31 J for stopping or blocking a vehicle’s path while it was moving out of a yellow box junction and have knowingly been booked for this action given your vehicle’s position at the time. So you clearly knew that your actions were blocking its exit out of the yellow box junction and yet did not feel it necessary to give way and let it pass.
This PCN is charged to vehicles which violate the moving traffic contravention for entering and stopping in a box junction where prohibited. You can only get your PCN cancelled if you can successfully prove that your vehicle was not blocking the path of another vehicle inside the yellow box junction (and also have evidence to prove that).
Your vehicle is being charged the moving traffic PCN with the contravention code 31 J because it was clearly spotted blocking the path of another vehicle’s exit out of the yellow box junction area.
Which moving traffic contravention codes can be enforced by Penalty Charge Notices?
The following Moving Traffic contravention codes can be enforced by Penalty Charge Notices:
- Code 31 Entering and stopping your vehicle inside a box junction or preventing vehicles behind you from moving out of a box junction. A vehicle may pause at a box junction for a certain period of time in order to make a right turn at the traffic signal.
- Code 32 (Left turn) Failing to steer your vehicle or guide your vehicle in the direction of an arrow shown inside a blue-colored sign.
- Code 32 ( Left turn ahead) Failing to slow your vehicle or steer it correctly into the approaching sharp left turn on the road. This direction is displayed on a traffic sign by a (left-curved) white arrow enclosed in a blue-colored sign.
- Code 32 (One-way traffic) Failing to drive on the correct side of the road or approaching the (one-way) lane from the opposite side. This traffic sign is indicated by an upward-pointing white arrow enclosed in a blue-colored sign.
- Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a bus and cycle (only) lane. This traffic sign is indicated by a depiction of a bus and a cycle above it.
- Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a tramcar-only road or street. This traffic sign shows a depiction of a tramcar, enclosed in a blue-colored sign.
- Code 37 is applied to charge vehicles for failing to leave a space for vehicles moving in the opposite direction. The sign indicates a priority to be given to vehicles from the other direction on the road which means slowing down and keeping your car aligned to the left side of the road.
The road sign shows a larger black-colored arrow pointing downwards to the right of a smaller red-colored arrow pointing upwards.
- Code 37 (Giving way to oncoming vehicles) indicates drivers to give way to vehicles moving in the opposite direction. The road sign for the contravention has the following sentence printed in black “Give way to oncoming vehicles”
- Code 38 indicates drivers to keep their vehicles on the left or right side of the road. This moving traffic contravention is indicated by a downward pointing arrow tilted toward the left side or a downward pointing arrow tilted toward the right side.
- Code 50 (Making a banned turn) This contravention code indicates no right turn for vehicular traffic. The road sign for the traffic contravention is indicated by a red prohibition symbol on a right-curved black arrow
- Code 50 (Making a banned turn) This contravention code indicates no left turn fpr vehicular traffic. The road sign for the traffic contravention is indicated by a red prohibition symbol on a left-curved black arrow.
- Code 50 (Making a banned turn) This contravention code indicates the prohibition of a U-turn at the location. The road sign for this traffic contravention displays a red prohibition symbol on an (n-shaped) arrow which shows a vehicle making a u-turn.
- Code 51 ( Not following a no-entry sign) This contravention code indicates the breach of a no-entry sign.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a lane only used by non-mechanically propelled vehicles used by pedestrians. This traffic sign is indicated by a red colored circle.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on motor vehicles entering a certain street. This traffic sign is indicated by the depiction of a motorbike above a car.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except solo motorcycles. This traffic sign is indicated by the depiction of a car.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except cars. This traffic sign is indicated by the depiction of a motorcycle.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on goods vehicles exceeding the maximum weight limit.. This traffic sign is indicated by the depiction of a goods vehicle with the weight limit, in tonnes stated inside the vehicle symbol
- Code 53 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a pedestrian-only lane. This traffic sign is indicated by a sign displaying the words “Pedestrian Zone” above a circle containing a motorcycle and a car the days for the Pedestrian Zone restrictions to be applicable are stated under the sign.
There are specific operational hours for loading vehicles under these restrictions stated under the sign.
How do I need to prepare for challenging a Moving Traffic PCN with the contravention code 31 J by using the online form?
You must have a video clip or a series of photographs that show your vehicle moving through a yellow box junction area without pausing for more than the required amount of time (that applied to the vehicle in front of you). The purpose of the evidence is to prove that your vehicle did not stop at a yellow box junction (at the area mentioned on your PCN) or deliberately halt at the specified location. Your video shows the number of seconds your vehicle’s tires remained still at a yellow box junction and how much time it took to move beyond the area.
The trick is to carefully consider entering a yellow box junction by calculating how and if you will be able to move through the area smoothly (knowing your exit route from the junction) without being stranded there waiting for other vehicles to pass by. For instance if you enter a yellow box junction while the lights are green, and were unable to exit in time as the lights changed to red, you can get your PCN cancelled by using a video clip to demonstrate your case.
It is imperative for your case to be genuine and not a hasty appeal where you are unable to correctly remember what happened at the traffic violation scene and end up mentioning excuses for your actions. If you genuinely obstructed the yellow box junction without having any plan for action to exit the area in time, you will have a hard time challenging your PCN with any authentic evidence.
So you can use a video filmed by someone travelling in your vehicle clearly showing your vehicle’s path while moving towards the yellow box junction and exiting it. This piece of evidence can be stored on your computer as part of a daily series of video clips showing your road journeys in your local council.
You have to regularly record these clips of your driving actions to always be ready with available evidence material, and that is mandatory for a Yellow Box Junction Parking PCN. The text of your PCN challenge can first be composed on a word processing software and then transferred onto the form, to refine your text for any errors and to eliminate any reasons that mention a lack of awareness of the yellow box junction contravention code.
Can I also challenge the Moving Traffic PCN with the contravention code 31J by mail?
The second method for challenging your PCN which is available in most councils is by using the postal service. You can write your formal representation on the last page of your Notice to Owner document or in a printed downloadable form (in some cases) and send it by mail to the council’s address.
You must remember to attach evidence material with your letter in this case as it is an essential component of your formal representation. Photographs from the traffic violation scene filmed by a passenger travelling with you, medical certificates to explain your mitigating circumstances such as a serious health condition or a pay and display ticket (for challenging a Parking PCN) can be placed inside a small transparent file or stapled to your Notice to Owner Document.
You can mention a checklist of your evidence material at the end of your PCN challenge to ensure that no item escapes the attention of the parking officer judging your case. Another important point to remember when sending in your PCN challenge by mail is that first class mail takes 1 to 2 days to deliver your formal representation to the council and second class mail takes between 3 to 5 days. So you need to send in your appeal by the 22nd day after receiving your PCN, at the latest.
This formal representation can also first be typed into a word processing software such as MS word to remove any unclear sentences or reasons which display a lack of awareness of the contravention code, as all such grounds for a PCN challenge will be rejected. You can write down the same sentences on paper once you have matched the text of your formal representation with your available evidence material and clearly explained the cause and effect relationship between any mitigating circumstances which led to the traffic violation.
Can I further challenge a Moving Traffic PCN with the London Tribunals if my appeal is dismissed by my local council (inside London)?
If you have received a Moving Traffic PCN from a council of a local London Authority or by Transport for London, you can dispute your Notice of Rejection of Representations (from the Council) with the London Tribunals.
Your Notice of Rejection of Representations has a form attached to it which needs to be completed.and posted to the London Tribunals. What you will write on the form will be the text of your appeal to the Notice of Rejection served by your council and needs to be carefully composed by mentioning your mitigating circumstances which led to the traffic violation or by stating how you think the traffic restriction was never breached.
The contents of your appeal to the London Tribunals need to be based around evidence material as the London Tribunals is rejudging a case decided by your local council and will be provided by strong evidence from them to contest the trial.
Regardless of whichever council (local London Authority)you have recieved a Moving Traffic PCN from, you need to send the completed form to the following address (and ensure that you allow upto 2 days for first class mail to deliver your challenge and upto 5 days for second class mail) :
London Tribunals,
PO Box 10598,
Nottingham,
NG6 6DR
If you would prefer a quicker way to send in your challenge to the London Tribunals you can visit the London Tribunals Website. You can also choose to dispute the “Notice of Rejection” from your council with the London Tribunals online by clicking on the “Access the Appellants Portal” button on this webpage.
All you will be required to do is simply enter your Vehicle Registration Number, PCN number, and the reference number or code from your “Notice of Rejection of Representations” letter. Evidence to be uploaded here can be different from the evidence material you have used to support the formal representation sent to your local council but the evidence needs to be properly matched with the case you have argued in your appeal to the London Tribunals.
For your PCN with the contravention code 31J, you need to clearly show the London Tribunals that you did not park your vehicle in the area around the yellow box junction or attempt to obstruct the area in any direct manner. This can easily be done by using a video clip of your vehicle driving through the area without pausing at the yellow box for more than a few seconds or so.
Solid evidence relating to your traffic violation has to be ready to send to the London Tribunals which refutes the case put forward by your council.
The London Tribunals is an independent adjudicating authority and it impartially considers the case put forward by your council and your version of the events at the traffic violation scene. So if you have some crucial evidence that shows something new which escaped the knowledge of the council or the CCTV camera monitoring the traffic violation scene, the London Tribunals will consider these details to be true.
Can I further dispute a Parking PCN with the Traffic Penalty Tribunal if my local council (outside London) has dismissed my challenge?
A Parking PCN served from a local authority outside London can further be disputed with the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is responsible for addressing challenges to Notices of Rejections of Representations from councils in England (outside London) and in Wales.
The Traffic Penalty Tribunal website requires you to enter details given on your Notice of Rejection of Representations, after opening this webpage. Once you have entered these details, you can click on “Next” to access the Traffic Penalty Tribunal PCN challenge portal. Before you can access this challenge portal, you need to click on “Start Your Appeal Here” on this webpage and “Submit and Appeal To The Traffic Penalty Tribunal Now” on this webpage. If you access the Traffic Penalty Tribunal’s main webpage, you need to first select the kind of PCN for which you have received a Notice of Rejection from your council.
In this case with the PCN contravention code 31J, your Penalty Charge Notice is a Moving Traffic PCN. After this you will be redirected to the webpage where you have to select England (outside London). Once you click on England (outside London), you will be led to this webpage where you need to click on “Submit Your Appeal To The Traffic Penalty Tribunal Now”
You can watch this instructional video here to learn about your challenge process. The Traffic Penalty Tribunal requires you to create an email address unless you already have one to dispute your council’s Notice of Rejection of Representations on its website. It is important for you to submit your challenge on the Traffic Penalty Tribunal Website within 28 days of being sent your Notice of Rejection to your Moving Traffic PCN.
Conclusion
This blog post addressed the question “How Can I Challenge A PCN With The Contravention Code 31J?” You have to be able to prove that your vehicle was not obstructing the path of the automobile directly behind it and provide evidence to support the same for getting your PCN cancelled. This is the only way for getting your PCN cancelled as you cannot mention mitigating circumstances for challenging this kind of PCN.