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Merton Council Box Junction PCN
Icondacarver
post Fri, 20 Sep 2019 - 14:40
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Hi All,

I received a PCN yesterday for stopping in a Box junction in Merton.

My intention when entering the junction was to turn right into Portland street and I admit, I came in expecting that would be the case as I have done that turn hundreds of times. One quick glance down Portland street and I saw it was blocked as a commercial vehicle was offloading rubbish at the recycle centre so I decided to go straight on as I would not be able to drive into Portland street.

In the video, you can see me pause and then edge forward to carry on. The decision to carry on was made as I had 2 options. Stay in that box junction for minutes waiting for Portland street to clear or carry on which I did.

I appealed the decision based on the summary above and got a rejection so I am here to get the advice of you fine gentlemen and women on what to do next.

Original PCN: https://imgur.com/a/PII4feE
Rejection Letter: https://imgur.com/a/O4udDk2
Video of Incident (White car): https://imgur.com/a/C5LEVip

Thanks in advance, this will be my 2nd driving violation in 16 years sad.gif
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post Fri, 20 Sep 2019 - 14:40
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stamfordman
post Fri, 20 Sep 2019 - 15:18
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What a petty rejection that also fetters discretion. I would be minded to continue. But the video does not show a blockage and you could have exited the main road.

This post has been edited by stamfordman: Fri, 20 Sep 2019 - 15:21
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Icondacarver
post Fri, 20 Sep 2019 - 16:25
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QUOTE (stamfordman @ Fri, 20 Sep 2019 - 16:18) *
What a petty rejection that also fetters discretion. I would be minded to continue. But the video does not show a blockage and you could have exited the main road.


That was exactly what my mate said to me and you are right. biggrin.gif

I could have exited the main road but, I would not be able to go anywhere. I would have just about made it completely onto Portland road and then sat there for ages or would have had to do a u-turn (all valid moves in hindsight but I just thought to go on to the next street) sleep.gif
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PASTMYBEST
post Fri, 20 Sep 2019 - 16:38
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The video does not help you, Your positioning does not support a right turn neither does the lack of indicators. you will struggle at adjudication


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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stamfordman
post Fri, 20 Sep 2019 - 17:43
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You have the right to take it to the tribunal and if you go in person there is a chance the adjudicator may find for you. You would have to explain why it was clear there was no prospect of progress on the right turn for some time - waiting for a vehicle to unload is a common and usually doesn't take as long as you think.
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cp8759
post Fri, 20 Sep 2019 - 19:16
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Personally I would pay the discount. You could have turned right and then turn again at the junction, either to go back where you came from or maybe into ASDA to then turn left and carry on. I don't doubt what you're saying but I fear an adjudicator might simply disbelieve you and at the end of the day, you were stationary in circumstances where the exemption did not apply and you had other lawful options available.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Neil B
post Fri, 20 Sep 2019 - 19:34
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QUOTE (Icondacarver @ Fri, 20 Sep 2019 - 15:40) *
a commercial vehicle was offloading rubbish at the recycle centre

I couldn't find when I looked?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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stamfordman
post Fri, 20 Sep 2019 - 20:04
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There's s depot right near the junction - not recycling - hard to see how whole road was blocked though. It's also a dead end.

https://www.google.com/maps/@51.407875,-0.1...6384!8i8192

This post has been edited by stamfordman: Fri, 20 Sep 2019 - 20:44
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Icondacarver
post Sat, 21 Sep 2019 - 11:25
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Thanks for the advice guys, I will pay the discounted amount.

Strike this down to "be more careful in the future". You were all super helpful biggrin.gif
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