Free Traffic Legal Advice

Please post up the PCN or at least the PCN number and VRM.  Is this New Malden?  I will advise further. Got it. Mr Harman has already ruled that this YBJ is non-compliant. Case in a minute. And there may well be a problem with their website grounds.

Case reference  2230056005
Appellant  Jeff Baker
Authority  Royal Borough of Kingston Upon Thames

Contravention location  KINGSTON ROAD
Penalty amount  GBP 130.00
Contravention  Entering and stopping in a box junction
 
Decision Date  28 Feb 2023
Adjudicator  Andrew Harman
Appeal decision  Appeal allowed
Direction  cancel the Penalty Charge Notice.

Reasons  Upon the appellant making submissions as to the extent of box junction markings supporting evidence being provided.


This box junction is not only marked at the junction between these two roads but also in advance and beyond that junction.

It is not therefore marked in compliance with The Traffic Signs Regulations and General Directions 2016 this penalty charge thus being unenforceable.

The appeal is accordingly allowed.

I've directed this lady here from the Facebook page. Like we see on many Redbridge PCNs, the location is vague, Kingston Road is 1.25 miles long with multiple junctions...

I remember now that Mr Mustard has blogged about this very junction

https://lbbspending.blogspot.com/2023/05/kingston-road-new-malden-yellow-box.html?m=1

Here are the screenshots - it's pretty much as you indicated Hippocrates









Here's also the video evidence:



It's the black Nissan

Please could you clarify the next course of action? I am a bit confused if you would be able to write a draft on my behalf or  I achived costs against themI should proceed and if I do, which reasoning I must use?

I will get back shortly as I need a bit more time to play around with their website grounds. I need to see what happens if I enter a statutory ground.  I will explain later why this is important.

Is that all correct and I am not attaching any evidence, right?

@MrChips I have managed on my main PC to type in all the correct statutory grounds and their results, which are mostly rubbish and/or state unavailable.

@Vada_nevada: don't concern yourself at present with this specific issue though you should do this later as cases are won on it. However, if I represent you, I have taken screenshots so I have all the necessary evidence.

This links explains why we can win on the website issue:

https://bit.ly/2ALghSS  go to adjudications - key cases and see 629 ff.

Please do not even mention all this below at this stage:


If you click challenge and search reason and then re-enter it for the record.

I have the correct statutory grounds verbatim:

***

Click your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

never was the owner of the vehicle in question,

We were unable to find a matching reason, please try another search term

*****

Click your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

had ceased to be its owner before the date on which the penalty charge was alleged to have become payable

We were unable to find a matching reason, please try another search term

****

Click your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle


became its owner after that date
We were unable to find a matching reason, please try another search term

****

Click your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

that there was no failure to comply with an indication
We were unable to find a matching reason, please try another search term


***

lick your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

that at the time the alleged contravention or failure took place the person who was in control of the vehicle was in control of the vehicle without the consent of the owner

Search results
Why was my PCN issued?

***

Click your reason or search for it below

Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

that the recipient is a vehicle-hire firm and— (i)the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and (ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice issued in respect of the vehicle during the currency of the hiring agreement

We were unable to find a matching reason, please try another search term

Click your reason or search for it below
Yellow box junction rules
CCTV PCNs are unfair
Wasn't aware of the rules
My vehicle, not me driving
Never owned this vehicle

the penalty charge exceeded the amount applicable in the circumstances of the case;

We were unable to find a matching reason, please try another search term

*****

In two words: total bolleaux.