Author Topic: 31J - entering and stopping in a box junction when prohibited Peartree way, Greenwich  (Read 1925 times)

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Hi all,

I was wondering if you feel I have grounds for appeal on the PCN I recently received.

This was on a very congested day and the lights at the box junction change very quick. It does appear that there is room in front of me, probably enough for me to fit, however there is a double decker bus turning and I wanted to give a wide berth.



PCN

https://ibb.co/km7w9my
https://ibb.co/Kh18MVP

Box junction is here https://maps.app.goo.gl/VFTpZFmoq6AvKaJ46
Peartree way

Would this qualify as de minimis ?
https://ibb.co/xq02zjv
https://ibb.co/S5R6jK4

From the PCN screenshots it looks like just one wheel in the yellow

Any help would be much appreciated

G
« Last Edit: October 16, 2023, 09:22:21 pm by Goatzie1234 »

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It's not your wheels that count but how much of the car intrudes into the box. I would say this is not de-minimis because you are partly blocking traffic emerging from under the bridge in the outside lane.  It's difficult to see a win here, I'm afraid.

Thanks for checking.
To be honest. I am a bit confused on what I should have done here.
The lights turn green at the same time from where I left and the road merging with the bus.
As can be seen from google maps, there is no room for a car to wait before where the traffic merges.
If I had gone any further I would have made contact with the bus. If I had not entered the box junction I would have been there all day and infuriated a whole lane of traffic





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« Last Edit: October 16, 2023, 10:46:19 pm by Goatzie1234 »

There's a couple of things in your favour.

The video starts after you've already entered the box.  Usually it has to show the moment of entry as that's the moment the offence is committed.  You are only slightly in the box at the start but you are stationary so you could have entered many seconds earlier when traffic conditions were different.  Without the video showing that moment, who's to say?

You also may have space to exit at the other end.  To me it looks like you come to a halt because you see that motorbike trying to squeeze through the gap and you stop to avoid an accident / give way.

Thanks for checking.
To be honest. I am a bit confused on what I should have done here.
The lights turn green at the same time from where I left and the road merging with the bus.
As can be seen from google maps, there is not room for a car to wait before where the traffic merges.
If I had gone any further I would have made contact with tepee bus. If I had not entered the box junction I would have been there all day and infuriated a whole lane of traffic
It'a typical crappy council traffic lights arrangement. They have no incentive whatsoever to improve matters as it will be making them shedloads of money. Just your luck a bus came along !
You could submit reps on the basis that a motorist going forward from your direction, and seeing a space beyond the YBJ, has an expectation that the junction traffic lights will be operated to allow his direction to proceed. When you entered the box, there was space on the other side. It's not as if there was stationary traffic there when you entered. So that would be my argument, but with the venality of London councils, I expect you will have to take them to London Tribunals and risk the full PCN penalty, as there is no discount option there.
So, stand your ground or pay-up !


I fear I might just have to pay up.
They are printing money from this junction…

Really doesn’t seem right…

What a silly set up. The OP's direction of travel is covered by traffic lights yet they don't stop traffic converging from the left. So we are left with a nice little trap--KERCHING!

Three key considerations:-

1) As already said --there is space for the OP's vehicle to completely exit the box, he/she is merely being careful of the bus.

2) The video IMO shows that the OP's exit was clear on entering the box.

3) I see no distinction between a vehicle entering the box and causing an obstruction to the OP's vehicle OR a vehicle which conveges on the extremity of the box thereby causing an obstruction. Both prevent an anticipated exit when that exit was clear on entry to the box.

Mike

Thanks Mike
There might be space in front of me but if I would have filled it enough to get out of the box junction there would have been contact between me and the bus.
This is the annoying part. I’m genuinely not sure what else I could have done in this situation and I resent having to pay Greenwich council, who are a dreadful council btw. But then, I can’t afford to risk it. They really have you over a barrel!
« Last Edit: October 17, 2023, 04:33:56 pm by Goatzie1234 »

The video starts with the vehicle already stationary in the box, it then starts moving and stops again. The contravention is at the point of entry, which was not at 3:29, it must have been 3:28 or earlier, therefore this is an easy challenge:

Dear Royal Borough of Greenwich,

The video confirms my vehicle did not enter any box junction at 3:29, on the contrary the video confirms my car had already entered the box junction at 3:28, and unfortunately the video does not show the point of entry, which must have been before the start of the video.

Furthermore, the video shows that there was space beyond the box which my vehicle could have used to exit the box, I did not make use of this space as doing so would have involved cutting in front of the bus.

As no contravention of entering a box occurred at 3:29, the contravention alleged on the PCN did not occur and the penalty charge must be cancelled.

Yours faithfully,

Send it online and keep a screenshot of the confirmation screen.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Damn, I should have waited.
I already registered a appeal which got rejected. In hindsight, my appeal was not very good as I was quite annoyed at the time and the limit of 1000 characters runs out very quick. I had said that
To you think it is worth taking this to the next step in the appeals process?

https://ibb.co/tpH7g0D
https://ibb.co/vLTnx6f

Here is the rejection - we need to see what you wrote to them




Sorry,

I had said that the roads were very congested on that day, I believed I had right of way as the traffic on the other road was merging on to the road I was on. The bus did not adhere to the right of way, I gave the bus a wide berth in order not to cause a collision as it was turning as I was in the buses blind spot, and how the was a reckless motorcyclist weaved in front of me. I mentioned that I am not clear on what else I could have done here. Obviously I could not reverse back, and how I was sure not to cause an obstruction, the traffic crossing the junction was flowing fine.
« Last Edit: October 18, 2023, 04:21:50 pm by Goatzie1234 »

I'm not sure that you stopped for stationary vehicles.
The initial stop was IMO more to do with the bus cutting across and at that time the bus was moving...you both became static at about the same time.
After that, there is room for you to clear the box but it is easy to believe that you didn't as a precaution against the bus cutting further over when traffic moved.

TBH not sure how an adjudicator would view it, the first part is IMO good enough to argue that the stop was not due to stationary vehicles, the second not sure.

Rewatching the footage now, it could look like I am trying to merge into the right lane. This actually wasn’t the case, I wanted the left lane as my exit was coming up. I vear to the right because of the bus as I knew I was in the box junction. The bus is merging into the right lane. I can assure you there is no space here for a vehicle! Perhaps I need to go and measure it. If I would have moved forward any further I would have been in front of the bus and caused a nightmare
« Last Edit: October 18, 2023, 09:04:22 pm by Goatzie1234 »

I’ve made my mind up. I am just going to pay it and get this out of my life. I can’t risk it jumping to double the amount. I guess in future I don’t cross the junction until the road ahead is entirely clear and just ignore the honks behind me.