Author Topic: Yellow Box PCN  (Read 440 times)

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Re: Yellow Box PCN
« Reply #15 on: »
I've attached their Authority Summary.

Where?
Yes, let's see what they have said.

Sounds like they've quoted the highway code which, for box junctions, is notoriously an oversimplification of the actual rules.

Please see the link.
Google Docs · drive.google.com

Re: Yellow Box PCN
« Reply #16 on: »
I've also got the reply from FOI regarding oversized box which council explained it's swept path. I'm not sure if this would help or not.

Google Docs · drive.google.com


Re: Yellow Box PCN
« Reply #17 on: »
Decision received — appeal dismissed.
It's funny that the adjudicator's reasons didn't address my main argument at all: although I stopped in the box, I didn't have to stop due to stationary vehicles, because there was sufficient space ahead for me to continue moving slowly.
The appeal was a joke, really.

Google Docs · drive.google.com
« Last Edit: August 29, 2026, 01:11:09 am by bricemanuk »

Re: Yellow Box PCN
« Reply #18 on: »
Can't read your case.You need to set it to 'Public'

Re: Yellow Box PCN
« Reply #19 on: »
Can't read your case.You need to set it to 'Public'

Fixed.

Re: Yellow Box PCN
« Reply #20 on: »
Have you requested a review of the case ?

Re: Yellow Box PCN
« Reply #21 on: »
Have you requested a review of the case ?

Not yet. I’m not sure what grounds I could request a review on. What do you think?

I’m a bit frustrated with the way the adjudicator dealt with my main argument, especially as it wasn't addressed in the decision. Is this kind of thing normal at the tribunal, or have I just been particularly unlucky with this adjudicator?

Re: Yellow Box PCN
« Reply #22 on: »
If the adjudicator omitted to deal with your main point then a request for a review is valid, I think. You only have 14 days from the decision to request one. Ask for one in the "interest of justice"

Re: Yellow Box PCN
« Reply #23 on: »
If the adjudicator omitted to deal with your main point then a request for a review is valid, I think. You only have 14 days from the decision to request one. Ask for one in the "interest of justice"

I'll definitely give it a try It's just mad that the main issue that needed to be adjudicated was never actually adjudicated, it makes me wonder what purpose the adjudication and hearing served. The decision was based on points that I never disputed, ridiculous. Hopefully, whoever reviews the decision next will take a more balanced view.
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Re: Yellow Box PCN
« Reply #24 on: »
IMO, paras. 5,6 and 7 deal with every point raised, albeit with brevity which is unusual, and I cannot see the adjudicator's findings of fact being interfered with in any review.   

The video shows you causing the vehicle to enter the box;
The adjudicator found as facts from what they saw in the video that:
      The box was substantially compliant, which you argued to the contrary;
      You stopped because of the presence of stationary vehicles, which you
      argued to the contrary.

That's it in terms of the legal tests, IMO.

...conveys the prohibition that a person must not 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.

For the purposes of this paragraph “box junction” means an area of the carriageway where the marking has been placed and which is—

(a)at a junction between two or more roads;

(b)at a gyratory system or roundabout.






 

Re: Yellow Box PCN
« Reply #25 on: »
IMO, paras. 5,6 and 7 deal with every point raised, albeit with brevity which is unusual, and I cannot see the adjudicator's findings of fact being interfered with in any review. 

The video shows you causing the vehicle to enter the box;
The adjudicator found as facts from what they saw in the video that:
      The box was substantially compliant, which you argued to the contrary;
      You stopped because of the presence of stationary vehicles, which you
      argued to the contrary.

That's it in terms of the legal tests, IMO.

...conveys the prohibition that a person must not 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.

For the purposes of this paragraph “box junction” means an area of the carriageway where the marking has been placed and which is—

(a)at a junction between two or more roads;

(b)at a gyratory system or roundabout.

I understand the point, but I don't believe the decision actually makes the finding you describe. It finds that there were stationary vehicles ahead and that my vehicle stopped, but I cannot see where it finds or explains that those vehicles caused me to have to stop, which was the specific point I disputed. I never disputed the other facts, but the wording of the law does say “has to stop”, doesn’t it?
At the time, I was actually able to continue moving slowly until the traffic started moving again. The fact that I chose not to do so does not mean that I had to stop.
This is exactly why the whole adjudication process feels like a joke to me. It feels as though an adjudicator can approach a case with a particular conclusion in mind and then pick out the facts that support that conclusion, while simply not dealing with the point that does not fit it. In my case, the one issue I actually disputed was never properly answered, yet the decision relies on facts I never disputed in the first place. That makes the outcome feel less like an independent adjudication of the actual dispute and more like it depends on which adjudicator happens to deal with your case and how they choose to look at it.

Re: Yellow Box PCN
« Reply #26 on: »
'I find that the Council has established that the vehicle stopped as alleged in the Penalty Charge Notice....'

You can request a review and lose nothing by doing so, but remember that by doing so the enforcement clock does not stop i.e. you have to pay within the 28-day period direction in the decision. But adjudicators are aware of this and tend to respond promptly.

When does your 14-day period for requesting a review end?

Re: Yellow Box PCN
« Reply #27 on: »
'I find that the Council has established that the vehicle stopped as alleged in the Penalty Charge Notice....'

You can request a review and lose nothing by doing so, but remember that by doing so the enforcement clock does not stop i.e. you have to pay within the 28-day period direction in the decision. But adjudicators are aware of this and tend to respond promptly.

When does your 14-day period for requesting a review end?

The decision was made yesterday and I've already submitted the request for review today. Hopefully, the review can be finished within 28 days. I'll make a payment if I don't hear anything back in 26 days.

Re: Yellow Box PCN
« Reply #28 on: »
I tend to agree - the crux of your appeal was not a denial that you stopped due to stationary vehicles. It was a denial that you had to do so.

Re: Yellow Box PCN
« Reply #29 on: »
I tend to agree - the crux of your appeal was not a denial that you stopped due to stationary vehicles. It was a denial that you had to do so.

That's actually what happened. I chose to stop because I realised the traffic had suddenly stalled. I didn't keep moving slowly because I thought I wasn't blocking the junction and that it would be fine to stop where I was, rather than creeping forward simply for the sake of not coming to a stop. In the end, I was effectively penalised for trying to avoid causing an obstruction. I stopped where it marked unnecessary area.