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Hello

PCN just arrived in the post from the London Borough of Merton £130 or £65 reduced charge.


Going against me:
I have entered before the exit was clear.
The back of my car / back wheels were in the box for at least 30 seconds

For me:
I wasn't causing an obstruction . was almost clear of the box.
Due me being pretty much out of the box (I thought I was out of it enough) I didn't think it necessary to move to the lane on the right which DID have room for me (lesson learnt - next time I will move to the right if there is space!).

Is it worth appealing? Is there any precedent?

Thank you for any advice.

Video (me with the roof rack):


Image (me with the roof rack):

Thank you.


Plate: EN14NXK
PNC: MT87744271

I think I've uploaded both sides of the PCN letter.
Thanks again

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Thank you Mr Chips

That is curious. Indeed, I turned left at the junction the issuer describes. The junction in the photo I am going straight across. Should I mention this also in my appeal or use it later?

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So the location is here: https://maps.app.goo.gl/XUTez9J3dYXrQb1f6

I think the description on the PCN is good enough, but the location raises a more fundamental question, see https://maps.app.goo.gl/XUTez9J3dYXrQb1f6

That is a private driveway to an office block, it's not a road over which the public have an unfettered right to pass and repass at will, it follows that it is not a road within the meaning of section 142 of the Road Traffic Regulation Act 1984. It's basically a repeat of the One Croydon scenario we saw in Kate Gardener v London Borough of Croydon (2220655535, 15 October 2022)

Here's a revised draft:


Make representations online and select the reason "The penalty charge exceeded the amount applicable in the circumstances of the case", make sure to keep a screenshot of the confirmation page.

Please post up the notice of rejection when you get it.

In case it makes a difference the block is mostly residential and includes some retail units.

That doesn't really make much difference, there's clear signs and road markings that say it's private property so that's good enough for our purposes. The council won't be able to formulate a response that the adjudicator would accept, because they don't know what they're doing.

Submitted. I had to edit the text down to fit the 1,000 character limit. I managed to do so while keeping the key words and references.



Case number: MT87744271
Vehicle registration: EN14NXK
Contravention: 31J - Box Junction

Date and time of contravention: 14/03/2024 16:34

This is an email from London Borough of Merton to acknowledge we are in receipt of your online submission regarding your Penalty Charge Notice (PCN).

Whilst the challenge is being reviewed, we will put your case on hold. We will carefully consider your comments and make a decision based on the evidence that is available to us and we will formally respond in due course. Although we aim to respond in full within 15 working days, please note that we are currently working through a high volume of correspondence, possibly resulting in a longer response time.

If your challenge is accepted, you will not have to pay the charge and we will send you confirmation that the penalty charge is cancelled.

If your challenge is rejected, we will explain the reasons for our decision.

If your submission is received within the discounted period that is stated on the PCN then the opportunity to pay the PCN at the reduced rate will be re-offered in the event that the charge is upheld.

Informal challenge (Parking and Bus Lane PCNs only):
Appeals that are made within 28 days of the PCN being issued are classed as informal challenges and we will respond as soon as possible.

Formal representation: Appeals that are made within 28 days of receiving a PCN (Moving Traffic/Approved device), Notice to Owner (Parking) or Enforcement Notice (Bus Lane) are classed as formal representations. Please note that each type of contravention requires a response within timescales set out in the legislation relevant to that type of offence and we will therefore respond within this legislative time frame (up to 56 days for Parking offences, up to 3 months for Moving Traffic Offence and while there is no legal time scale in which we must response to formal representations relating to Bus Lane offences, we endeavour to reply within 3 months).

Do not pay the PCN, if you want to make a challenge. If you do, the case will be considered closed as you have accepted liability.

Reason for appeal: 'The penalty charge exceeded the amount applicable in the circumstances of the case '

Your answers:

-Question 1 : 'Please explain in as much detail as possible why you think your PCN should be cancelled'
        Answer : 'Alleged contravention did not occur- the box junction is not at the intersection of two or more roads or outside a police, fire or ambulance station. It is at the entrance to an apartment complex private driveway, the Traffic Signs Regulations and General Directions 2016 do not permit box junction markings at such a location.
It follows that no contravention can occur at this location, enforcement must cease and CCTV enforcement cameras at this location be removed. There is no traffic enforcement justification for the camera here, failure to remove or disable the camera would mean unlawful and unjustified capture of personal data, in contravention of the General Data Protection Regulation.
I further challenge liability for PCN MT87744271 on the basis that information referenced in the PCN’s 2nd paragraph on page two does not convey the contents of paragraph 1(4) of Schedule 1 to the London Local Authorities and Transport for London Act 2003, so it follows that the PCN must be cancelled'
-Question 2 : 'Would you like to upload any other documents to support your case?'
        Answer : 'No'

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I finally got a reply.

They do specifically address my challenge:
'You have automatically committed an offence if:
1) You entered the yellow box junction and stopped behind a stationary vehicle.

2) Any part of your vehicle is inside the yellow box junction and your vehicle is
stationary.
I must advise that all box junctions enforced by the London Borough of Merton are
compliant to the Traffic Signs Regulations and General Directions 2016.
The yellow box is considered essential to maintain flow of traffic and to ensure that
traffic queues do not impact the signalised junction due to motorists waiting to turn right
into the estate. It also ensures that motorists from the estate can exit.
Yellow boxes are permitted across junctions / access roads even if it provides access to
a private estate.
I am satisfied that the notice has been correctly issued and that there are no grounds in
which to cancel the charge.'

Should I plough on and risk the fine doubling? £65.00 if I pay by 5th July.

I can't get the up-loader to work (full message)

Here's a link to the PDF of the letter:
https://drive.google.com/file/d/1WX2dbAqHVGSecX_Et6b9WMb49cUZIYM3/view?usp=drive_link