Yes, you have a chance. However, it's not a frequently used argument and so I don't have much data to predict where probability of success lies on a scale of 0% to 100%.
Here's a couple of examples of where it's been successful in the past (also Redbridge box junctions) - quoting these may also boost your chances. However, I'd be lying if I said it's a slam dunk - you may get an adjudicator who refuses to engage with it as a line of argument.
Case Details
Case reference 223033552A
Appellant Janice Flint
Authority London Borough of Redbridge
VRM FV65SVZ
PCN Details
PCN AF97410735
Contravention date 19 Jun 2023
Contravention time 13:46:00
Contravention location Goodmayes Road
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date
Decision Date 17 Aug 2023
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons
The Appellant was represented by Mr Dishman. The grounds of Appeal are set out in Mr Dishman’s skeleton argument which he developed before me. Having considered the matter carefully it seems to me that at least one of the grounds of appeal has some merit. The location is described as Goodmayes Road; however Mr Dishman tells me, and I accept, that there are three box junctions in Goodmayes Road. |The PCN is required to set out the grounds on which a penalty is demanded, and this inevitably includes a clear statement of the location of the alleged contravention. Although it might be possible for a motorist to trace the location from the photographs with some effort the Council’s prior duty is to set it out clearly. There seems to me no good reason why the location could not simply be stated as Goodmayes road junction with (naming the adjacent road) as would routinely be done in the case of a road traffic summons in the Magistrates Court. As the PCN was defective no penalty may be demanded on the basis of it and the Appeal ids allowed
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Case Details
Case reference 2230201115
Appellant Sandra Grauzyte
Authority London Borough of Redbridge
VRM VA16 OYG
PCN Details
PCN AF97065295
Contravention date 01 Mar 2023
Contravention time 16:07:00
Contravention location Goodmayes Road
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date -
Decision Date 31 May 2023
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons Mr Murray-Smith, for the appellant, appeared before me today via telephone.
I was satisfied for the reason he gave in his skeleton argument uploaded to the case on 10/05/23 - the council not responding to what was said it appearing to have had a full opportunity to do so - that the PCN was insufficiently particularised as to the location of the incident to the potential prejudice of the appellant in establishing where it had occurred it thus not being fully compliant. The contravention had not therefore been proved. The appeal was accordingly allowed.
