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Box Junction Penalty Charge, Entering and Stopping in a box junction when prohibited
Mr Happy
post Thu, 25 Apr 2019 - 13:26
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Hi,

I recently received a PCN for stopping in a box junction when prohibited. I have read some previous threads and was looking for some specific advice.

Only my front wheels were marginally in the box and I had left plenty of room for other vehicles. To add to my argument one of the two lanes on the other side of the box junction was clear and therefore I was not causing an obstruction and could have moved forward if required.

I would appreciate any comments and advice regarding whether it would be worth appealing? Is there a deminimis argument to be put forward?

The CCTV and images can be viewed here:

https://onlineservices.itsvc.co.uk/WalthamO...ve/Default.aspx

PCN: FR27361415
REG: BA68RVR

Thanks for any advice in advance.
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post Thu, 25 Apr 2019 - 13:26
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Driver22
post Thu, 2 May 2019 - 01:20
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Here is a PATAS decision which found in favour of the motorist. It is the same situation as the OP's where the vehicle was not forced to stop due to the presence of stationary vehicles. The vehicle could have proceeded and exited via the adjacent lane but the driver chose not to do so. The adjudicator found that in those circumstances there was no contravention:

Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended
Case Reference:

MV0071NE02
Appellant: Faisal Sheikh
Authority: London Borough of Newham
VRM:
R???????

PCN: NE41387986

Contravention Date: 30 Nov 2005
Contravention Time: 15:42
Contravention Location: Barking Road/ Wellington Road

Penalty Amount: £100

Contravention: Entering and stopping in a box junction when prohibited

Decision Date: 20 Sept 06

Adjudicator: Ronald Norman

Appeal Decision: Appeal Allowed

Direction: The Adjudicator directs the London Borough of Newham to: cancel the Penalty Charge Notice.

Reasons: The contravention alleged is entering and stopping in a box junction when prohibited. The prohibition is contained in the Traffic Signs Regulations and General Directions 2002, Schedule 19 Part 2 paragraph 7. This provides as follows.

“7 (1) Except when placed in the circumstances described in paragraph 8, [box junctions] 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.
(2) The prohibition in sub-paragraph (1) does not apply to any person
who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right: and
stops it within the box junction for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary whilst waiting to complete a right turn.”

Without the video evidence the situation as Mr. Sheikh drove into the box is not entirely clear but the local authority have indicated in the Notice of Rejection that vehicles ahead were coming to a halt. From the stills supplied that appears to be the case as far as the right hand lane is concerned.

However, from the evidence supplied the following appears to be the situation: the left hand lane is not congested and a car travels through the junction in that lane, Mr. Sheikh could have moved into that lane and had he done so he could have cleared the junction without stopping.

He chose to stay in the right hand lane and it was his choice to do that which prevented him from clearing the junction rather than the presence of stationary vehicles.

As the vehicle did not have to stop within the box junction due to the presence of stationary vehicles I am not satisfied that the contravention occurred and the appeal is allowed.

This post has been edited by Driver22: Thu, 2 May 2019 - 01:25
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PASTMYBEST
post Thu, 2 May 2019 - 11:59
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that case has been superseded by key cases that find the opposite

https://www.londontribunals.gov.uk/sites/de...n%20v%20TfL.doc


Though it should be said that neither bind any other adjudicator and findings have gone both ways since


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Mr Happy
post Fri, 14 Jun 2019 - 13:40
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Thanks all for your help.

Despite the attempt at challenging the penalty the authority have come back and upheld it. I'm not going to appeal due to the hassle and risk so will pay within the 14 days to reduce the amount. At least the money has been in my bank account for a bit longer!
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cp8759
post Sun, 16 Jun 2019 - 15:06
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You could at least show us the rejection letter in case they've made a fatal mistake.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mr Happy
post Mon, 17 Jun 2019 - 11:13
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Please see rejection noticed attached.

Thanks
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cp8759
post Mon, 17 Jun 2019 - 12:11
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Where are the other pages? The standard wording that tells you to pay or appeal is normally where they make fatal mistakes.


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