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Newham Box Junction Ticket
tfayaz
post Tue, 14 Nov 2017 - 19:04
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Hi,

I recently received a PCN and would appreciate some help on the matter (pictures and a video in the form of a gif attached).

The PCN was relating to being in a yellow box (only the rear) but the issue was the driver in front of me stopped well short of the road marking and essentially left me with little room (my car is the second one on the left).

The traffic light was red and left me a bit stuck, however about 8 seconds (around 20:45:40 on the video count) into the gif you do see me flash my lights and I believe I did horn at him/her on at least one occasion as I knew I could have been in the box. As you can see the driver did eventually move forward and I don’t believe it was because the light had turned green.

Do I have grounds to appeal on?

Thanks in advance!






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post Tue, 14 Nov 2017 - 19:04
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tfayaz
post Mon, 12 Mar 2018 - 13:50
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Anyone able to help?
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cp8759
post Wed, 14 Mar 2018 - 00:01
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QUOTE (tfayaz @ Mon, 12 Mar 2018 - 13:50) *
Anyone able to help?

I don't have time right now to write an appeal for you, but you have two grounds to appeal. Firstly, if the car in front did not cross the stop line for the traffic lights when it eventually moved forward, you can argue that it stopped unnecessarily and unexpectedly. Secondly, you can argue de-minimis, i.e. the infraction was so small that it does not amount to a breach of the law. Have a search for de-minimis on the forum and try drafting something, there should be plenty of cases in the archives that you can take inspiration from.


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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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Incandescent
post Wed, 14 Mar 2018 - 08:47
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+1
De minimis, but this will only be really tested at adjudication as councils will ticket for cars only 1" in the box, then refuse an appeal.
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