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poblagger
Hi, first let me say what a great forum this is and I'm so glad to have found it thumbsup.gif

I wonder if any experts out there can help me.

I have been sent a PCN from TFL for "31:Entering in a box junction when prohibited"

Included on the paperwork were these two CCTV grabs.



I was travelling west on the A205 through Battersea (path of yellow arrow) when I got stuck in the Yellow Box.




I'm intending to appeal this on the following grounds.

The marked box does not conform to The Traffic Signs Regulations and General Directions (TSRGD) 2002





Or demanding that they show valid DfT irregular marking approval for this junction.


I will also appeal due to the fact that the A205 to the east of the junction has two lanes which reduce to one on the west side, as the contravention is not to be stopped in a box junction but is actually
A vehicle must not enter a box junction marking without its exit being clear unless it is prevented from exiting by an emergency. I will argue that there are no guidelines for who has right of way in this case and so if my 'clear exit' is taken by a vehicle from an adjacent lane I have entered the box in good faith with the exit clear which is subsequently blocked.

Finally I will appeal on the grounds that their static CCTV in no way constitutes evidence as the offence is not to be stopped in a box junction but rather to have entered it being fully aware that the exit was at that moment blocked by stationary traffic. So unless they can show CCTV footage of both the east border of the junction as I cross it simultaneously with traffic conditions on the west side of the junction, they have no evidence.


Any thoughts or suggestions would be very gratefully received biggrin.gif
bama
you seem to be doing okay ! smile.gif

check that the SoS has not given special authorisation for the non-standard box.
poblagger
Cheers bama biggrin.gif

What does SoS stand for?


Here's my response so far, haven't sent it yet, if anyone has any thoughts or opinions? thumbsup.gif


QUOTE
Dear Sir/Madam,

I would like to appeal PCN No GT******* on the following grounds.

TFL alleges that on the **th of November 2008 I entered the box junction at the junctions of Battersea Rise and Northcote Road knowing my exit was blocked by stationary traffic at that moment in time. I would remind you at this point that the offence is not to be stopped in a box junction but rather, as quoted from the Highway Code, ‘You must not enter the box until your exit road or lane is clear’.

I can only assume that TFL is alleging premeditation on my part, i.e. that I entered the box junction with my exit filled with stationary traffic.

I would therefore formally appeal this PCN on the following grounds.



The marked box junction at the junction of Battersea Rise and Northcote road does not conform to The Traffic Signs Regulations and General Directions (TSRGD) 2002. The south east corner does not meet the curb, and the radius at the north east corner has an excessive radius in relation to the box dimensions. Please refer to DfT Traffic Signs Manual, Chapter Five, also please refer to Fig001 and Fig002 . If this junction is exempt from these regulations please could you supply written proof of exemption under DfT Irregular Marking Approval for the time and date of the alleged contravention?





Fig 001




I would also like to appeal on the grounds that I approached the box junction, along Battersea Rise, from the east in the left hand lane of a carriageway marked for two lanes of traffic. The exit on the west side of the box junction along Battersea Rise is only a single lane, meaning traffic from the eastern approach must filter into one lane. Therefore if my exit is clear as I enter the box junction and is subsequently blocked by traffic from the right-hand lane, I have entered the junction in good faith with the exit clear of stationary tarffic at that point in time. I have therefore committed no contravention as the contravention is ‘You must not enter the box until your exit road or lane is clear’ as per the Highway Code, the contravention is NOT being stationary in a box junction. I have found no official guidelines of procedural right of way in this situation.





Fig 002




I would also appeal on the grounds that the CCTV stills supplied with the Notice To Owner in no way constitute any form of evidence. These images only show my vehicle stopped in the box junction due to circumstances beyond my control. May I remind you once again that the offence is entering a box junction when your exit is obstructed. All these pictures prove is that my exit was obstructed after the point at which I entered the junction, forcing me to stop within the Box Junction. To show intent you would require video evidence of Stationary traffic filling the westbound exit of Battersea Rise at the exact moment my vehicle entered the box junction.








I would therefore ask that this PCN be dismissed based on the above evidence. Should you fail to uphold this appeal for any reason I will require you to send me any and all evidence you may produce at an Adjudicator Hearing. This should include any and all video footage, still images, formal paperwork, CCTV operator notes and approval of the box junction itself. I will require this information to construct a more formal appeal.
dave-o
Sexytary of State.

Sorry, Secretary of State.

It would be good to find out if it has authorisation before you send that off.
poblagger
cheers dave, I have called the Department for Transport but the guy there didn't have a clue what I was talking about and fobbed me off by suggesting I emailed all the details mad.gif
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