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Full Version: PCN for Stopping in Yellow Box Junction - appeal on grounds of de minimis?
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SW17
I would be grateful for users' opinion on whether I can successfully appeal a PCN for entering and stopping in a yellow box junction (YBJ) on the grounds of it being a de minimis contravention.

The alleged contravention took place in Merton at the junction of Western Road and Bond Road (https://www.google.co.uk/maps/@51.4078103,-0.169651,19z).



I entered and stopped partially inside the YBJ when I realised that the exit was not clear. In this position my vehicle (the red campervan) was straddling the entrance to the YBJ. The front two thirds of the vehicle entered the YBJ. The pictures show that I was stopped in this position for 9 seconds. I don't have access to the video. The important points (I think) are that:

1. In the position I was stopped, I was not causing an obstruction of any kind. There was easily enough room for cars approaching from the other direction on Western Road to turn right in front of me to turn into Bond Road. This is shown in the overhead view of the junction which shows the width of the entrance to Bond Road. Also vehicles entering Western Road from Bond Road (the side road on the left) were not obstructed.

2. To demonstrate the fact that the junction was not blocked, at least three cars emerged from the side road (Bond Road) on the left whilst I was stationary. Two of them turned right onto Western Road and the third turned left in front of me (the last photo shows that this car ended up between my vehicle and the white van that I had been directly behind). All of the cars that needed to exit Bond Road did so.

My initial written appeal to Merton council was rejected so now I need to consider whether is worth taking the appeal to an adjudication?

My question is whether an adjudicator is likely to look favourably upon my appeal based on the fact that the partial encroachment into the YBJ could not and did not cause any obstruction - in fact all other traffic flowed freely whilst I was partially in the YBJ. So, any infringement was de minimis?

I'm not particularly interested in pursuing any technical arguments (e.g., the YBJ being non-complaint or the signage being incorrect).

Views welcome – in particular in relation to adjudicators' typical response to this type of argument.














PASTMYBEST
Di minimis is usually a matter of time spent stationary. You were stopped with about 3/4 of the length of your vehicle in the box but when you look at the layout of the box , the overhang from the kerb line is more than 10% so is the box legit?. An adjudicator may rule that you did not effect traffic flow and therefore your stop is Di Minimis but IMO pointing out the layout would be likely to help
John U.K.

What was the time on the PCN of the alleged offence?
Have you a copy of/watched the video?

As usual, please post up the PCN (both sides)
Also post up a copy of your challenge to the Council and their response.

Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems.

Redact/obscure personal details, PCN no. Reg No.
LEAVE IN all dates/times; precise location, Contravention code and description.
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