Hi everyone,
Would be grateful for advice on an appeal here.
PCN Page 1:
https://ibb.co/d5M0KF9PCN Page 2:
https://ibb.co/4phnt7qCouncil video:
I believe this should fall under the right turn exemption. The driver has clearly entered the YBJ with the intention of making a right turn - and eventually forced to stop by the white van in front. The van is free to move at around 6 seconds into the video however, at this point the crossing is green for pedestrians so they remain stationary. Would this be justifiable exemption to why the vehicle remained in the box?
The other clear issue is that the video does not show the moment of entry and hence, it is impossible to determine from the video evidence, whether the exit was clear at the point of entering the YBJ.
Looking at similar threads on 31J, I have drafted the following appeal and would be grateful if it could be critiqued before I submit:
I am writing to appeal the recently issued Penalty Charge Notice (PCN) XXXXXXXXXX, relating to an alleged traffic violation committed with my vehicle registration XXX XXXX.
Firstly, I draw your attention to the absence of clear and complete evidence. The provided footage does not show my vehicle as it enters the box junction. For an enforcement decision to be fair, all relevant evidence including the moment of entrance into the junction should be reviewed. Such evidence is vital to establish the incident's context and determine whether a contravention occurred.
Secondly, my vehicle has entered the box junction with the purpose of turning right:
The box junction prohibition is contained in the Traffic Signs Regulations and General Directions 2002, Schedule 19 Part 2 paragraph 7. This provides as follows.
"(1)Except when placed in the circumstances described in paragraph 8, [box junctions] shall each convey the prohibition that no person shall 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.
(2)The prohibition in sub-paragraph (1) does not apply to any person
(a) who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right: and
(b) stops it within the box junction for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary whilst waiting to complete a right turn."
Regarding the above exemption for entering the box junction when turning right, it is essential to clarify that this allowance applies when a vehicle is stopped by oncoming traffic or by other vehicles waiting to turn right. In my case, the footage does not categorically dispute this condition. I entered the junction for the purpose of turning right, believing the exit path to be clear. Therefore, I argue that it is not justifiable to assert that I should have foreseen, during my entry, that my exit would be blocked.
I further bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances.
Lastly, The PCN is deficient in that it does not provide information about the location of the box junction other than stating it is in Cambridge Park which we can see from maps is a long road.
Therefore, I respectfully request that my representation be reconsidered, taking into account the points raised above and that the PCN be invalidated.
Many thanks in advance
