Here's my appeal grounds;
I would like to appeal against PCN, ref BT27358726, for an alleged contravention on 28th November 2025 on Salusbury Road j/w Hartland Road NW6. Firstly, the box junction itself. The Traffic Signs Manual – Chapter 5 – Road Markings (2018) deals with the setting out and design of yellow box junctions in Section 8. A yellow box junction is assigned Diagram 1043 and this is used throughout S8 of the manual. I refer specifically to fig 8.6 within the manual which deals with the setting out of the road markings. The junction at the site of the alleged contravention has a curved kerb line as Hartland Road narrows towards the junction with Salusbury Road. This has the effect of narrowing the road to a single carriageway and this is achieved with the paving on the NE and SE kerbs extending out into the carriageway to narrow it. The kerb line follows and arc and extends to the east kerb of Salusbury Road. The shape is a 90 degree segment. I refer you to the attached picture showing Starbucks and the two black pillars on the SE kerb. The yellow box junction extends some 2.3m from the black pillar where The Big Issue seller is seated and a total of 4.3m from the mid-point of the curved kerb line. Fig 8.6 in the manual shows the extent of a YBJ – with either a cut out or extending from a mid-point of the curved kerb. The YBJ is too large and has been extended which takes it 4.3m beyond the junction. As a proportion of the total size of the junction the extra 4.3m represents approximately 20%. It is not compliant with Chapter 5, Section 8 of the Traffic Signs Manual - Road Markings (2018). Secondly, the wording of the PCN is confusing and far from clear as it is missing mandatory information as provided at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted (v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable. As it refers to payment this clearly refers to Para. 4 (8 ) (iii): (iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; Therefore, it follows that the statement (the last paragraph on page 1 of the PCN): "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable” adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively. Simply, payment deals with Date of Notice and Representations are calculated from Date of Service which is deemed 2 days after the Date of Notice. The ‘If you fail’ statement solely mentions ‘Date of Service’ which leads to confusion as to the REAL date that payment needs to be made. In light of the incompliant box junction and the missing mandatory information within the PCN I would be grateful if you could please cancel this PCN.
