Author Topic: Barnet 31J PCN  (Read 1202 times)

0 Members and 556 Guests are viewing this topic.

Re: Barnet 31J PCN
« Reply #15 on: »
I am inclined to think this is a contravention because at the point of entering the box there isn't a clear exit space.

I turned right here yesterday, I made sure I could get out, from the right hand lane, before starting my turn. I also had an eye on the left hand lane to ensure I couldn't be cut up by a car taking my space. We all need to drive defensively in yellow boxes.

I agree but you're approaching the junction with local knowledge.

Re: Barnet 31J PCN
« Reply #16 on: »
I am inclined to think this is a contravention because at the point of entering the box there isn't a clear exit space.


I believe this is how adjudicators seem to approach the right turn exemption but, unless I'm missing something (most likely!) I can't see how this is consistent with how the exemption is framed in the regulations (which state...)

"The prohibition in sub-paragraph (1) does not, in respect of a box junction within sub-paragraph (6)(a) of the definition of that expression, apply to a person who—

(a)causes a vehicle to enter the box junction for the purpose of turning right; and
(b)stops the vehicle within the box junction for so long as the vehicle is prevented from completing the right turn by an oncoming vehicle or other vehicle which is stationary whilst waiting to complete a right turn."

I.e. the entering without a clear exit prohibition does not apply where both (a) and (b) are in play.

Which to me translates as you can enter a box junction if your purpose is to turn right and you end up waiting there because you are blocked by another car which hasn't 100% completed a right turn.

Now in this particular case, it might be challenging to argue that the car immediately in front of the OP hasn't completed its right turn but that's a slightly different point.

Similarly I've seen it stated by adjudicators that the right turn exemption does not apply in boxes situated at T-junctions - again can't see how the exemption as set out states (or even implies) this.

Re: Barnet 31J PCN
« Reply #17 on: »
The OP should certainly challenge. My suggestion is to add in the concern about the layout and unfairness of enforcement if you are not familiar with the two to one lane arrangement and see if Barnet addresses it.

Re: Barnet 31J PCN
« Reply #18 on: »
Update: challenge rejected Thanks for you inputs and help. I decided to pay it.
Rejection letter:
########
Dear
Traffic Management Act 2004
RE: Formal Notice of Rejection of Representations for Penalty Charge Notice (PCN):
AG46648067
Thank you for your correspondence received on 01/10/2024 in which you made representations regarding the above PCN that was issued for the following contravention:
Contravention Date and Time: 14/09/2024 at 10:41
Vehicle Registration: W17GPO
Location: Ballards Lane (N3), junction with Nether St and Chaville Way Contravention: Entering and stopping in a box junction when prohibited
We have carefully considered your comments and decided not to cancel your PCN. clear and Sops ad to us presence ta said the in ion. on thion ours g
the motorist enters the box junction and has insufficient space at the other side to exit without stopping. A contravention is committed if any part of the vehicle is left stationary within the confines of the box junction regardless of the length of time involved.
In your response, you have stated that you entered the box junction to turn right and were prevented by other vehicles turning right. However, the Highway Code Rule 174 states: "Box junctions. These have criss-crossed yellow lines painted on the road (see 'Road markings').
You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right.
The CCTV footage shows your vehicle travelling through the box, following the vehicle ahead, without slowing or waiting to ensure your exit route or lane was clear prior to entering.
Please be advised that motorists should not follow the vehicle in front as it may stop and prevent their exit from the box junction.
Photographic evidence, taken from the CCTV footage, has been enclosed for your consideration.
The Council would refer you to the following web link (Online Media), to where you can view the CCTV evidence of the contravention, as well as the photographic images.
https://barnetocm.itsvc.co.uk/
The Council would add, the page will require the entering of both the PCN reference and VRM, in order to view the evidence for the contravention.
After careful consideration of the evidence put before us, it is our opinion that the PCN is valid Tester you the pe cay celia this iS no eye on 0, i gesture, e aays im the
date of this letter.
Please ensure, that the payment of the discounted amount is received within the stipulated timescale, or alternatively, you can appeal our decision Online or via the form attached.
########