Draft for (brief) consideration and submission. I wasn't sure if you are male or female so please correct the various references to he/her and son/daughter as applicable before submission.
Edit - I've updated the male/female references following your confirmation
Dear Croydon,
Re PCN CR22642605
I would like to submit representations against this PCN on the grounds that the contravention did not occur.
First and foremost, I should state that while I am the owner and registered keeper of this vehicle, I was not the driver at the time this contravention is alleged to have occurred. As I was not present I have mostly had to rely on the video evidence provided to formulate this response. The driver was my daughter who only recently passed her driving test and is thus a relatively inexperienced motorist.
A box junction contravention occurs if (and only if) a person causes 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. The inclusion of the words "has to" is important and means that merely stopping in a box junction isn't necessarily a contravention; rather the stop has to have been necessary in the context of the traffic conditions at the time and the manner in which the vehicle entered the box junction. Having reviewed the video evidence, I do not believe such a contravention has occurred.
What can be seen in the footage is that the vehicle slows to a crawl on its approach to the box junction. As the exit road was not clear, best practice would have been for the driver to stop at the entrance to the box junction (and I have reminded my daughter about this). Instead she entered at this very slow pace which, possibly by luck more than judgement, if maintained would have been sufficiently slow that she would have been able to cross without having to stop in the box junction because the red vehicle on the other side moves on only a few seconds afterwards. The box junction length is 10.2 metres and the time between entry and the red car moving off is 8 seconds. As such an average speed while passing through the box junction of just under 3 miles per hour (i.e. walking pace) would have meant no stop was necessary.
Unfortunately, in spite of my vehicle having the right of way, just as it entered the box junction a motorcycle waiting in the side road moved out forcing my vehicle to stop. The motorcycle was legally obliged to give way to my vehicle and consequently stopping in this circumstance is no fault of the driver of my vehicle. Once the motorcycle cleared the junction, unfortunately my daughter stalled the car causing a delay to leaving the box junction, but as the contravention is effectively a test of judgement at the point of entry, and by this time the exit is completely clear, this is of no consequence.
On this basis, I trust you will agree that there has been no technical breach of the box junction rules and cancel the PCN.
Yours faithfully,
