great, thanks all. This was submitted today.
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Parking & Traffic Enforcement
London Borough of Redbridge
Re: Penalty Charge Notice AF21125797 - Vehicle BX69 NLL (Mini Cooper Classic Auto)
The recipient of this PCN makes informal representations against the above Penalty Charge Notice, issued for an alleged contravention “31j - Entering and stopping in a box junction when prohibited” on Horns Road (A) on 16 November 2025 at 12:37.
If the matter proceeds to London Tribunals, which it will unless the PCN is cancelled forthwith, the driver will say the following:-
1. Factual circumstances - vehicle stopped only because the lorry ahead was forced to stop
The vehicle exited Uppark Drive by B&Q, turning right into Horns Road behind a very large articulated lorry. The driver’s attention was on:
- oncoming traffic on Horns Road
- the position and path of the lorry ahead
- pedestrians and the nearby pedestrian crossing
- general compliance with the Rules of the Road
When the vehicle entered the box junction, the lorry was still completing its right turn into Horns Road. The driver followed it for the sole purpose of turning right into the same lane. While the vehicle was already committed and part-way through the box, the pedestrian signals immediately beyond the box changed to red. The lorry then had to stop for the pedestrian crossing, leaving the rear of the lorry still partly in the box area, so that the driver was forced to stop with the rear of the vehicle in the box.
The vehicle did not block cross-traffic. A car turned right into Perrymans Farm Road behind the vehicle, passing directly behind it. A motorcyclist in a similar position was able, due to the smaller size of the motorcycle, to filter past to the right of the lorry and clear the box. In a car, such a manoeuvre would have been unsafe and potentially unlawful.
Once the pedestrian lights changed and the lorry stopped, it became inevitable that the vehicle would come to a standstill with part of it in the box, through no fault of the driver. The vehicle moved forward and cleared the box as soon as the lorry and the lights allowed.
2. Statutory right-turn exemption applies
The prohibition conveyed by a yellow box junction is defined in the Traffic Signs Regulations and General Directions 2016 (TSRGD), Schedule 9, Part 7, paragraph 11. Paragraph 11(1) provides that the marking “conveys the prohibition that a person must not 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”.
Paragraph 11(3) then creates a specific exemption at junctions within paragraph 11(6)(a). It provides that the prohibition in paragraph 11(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.”
In this case:
- The vehicle entered the box solely for the purpose of turning right from Uppark Drive into Horns Road
- The vehicle stopped within the box only because the lorry ahead, which was itself in the process of turning right, became stationary in front of the vehicle while still partly within the box area, having been forced to stop by the red pedestrian signal immediately beyond the junction.
On those facts, the driver falls squarely within the paragraph 11(3) exemption and no contravention of paragraph 11(1) occurred.
3. Vague and inaccurate locus - “Horns Road (A)”
The PCN describes the location as “HORNS ROAD (A)”. Horns Road is approximately one mile long and contains numerous junctions and several sets of traffic signals. “Horns Road (A)” is not a recognised street name. The suffix “(A)” appears to be no more than an internal coding used by the authority and provides no assistance in identifying which junction or which yellow box is in issue.
A PCN issued under section 4 of the London Local Authorities and Transport for London Act 2003 must state “the grounds on which the council… believe that the penalty charge is payable”, which plainly includes a clear and accurate locus so that the recipient can understand and, if necessary, check the signage and markings at the alleged location.
By using an imprecise and partly fictitious location description, the PCN fails to identify the alleged junction with sufficient particularity and is therefore defective for vague locus.
4. PCN omits and mis-states mandatory information about the increased charge
Paragraph 4(
of Schedule 1 to the London Local Authorities and Transport for London Act 2003 sets out the mandatory information that a moving-traffic PCN must contain. In particular:
- Paragraph 4(
(iii) requires the PCN to state “that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice”
- Paragraph 4(
(v) requires the PCN to state “that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable”.
The wording on this PCN, however, states:
“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.”
This is non-compliant in several ways as the PCN:
- replaces “the date of the notice” with “the date of service of this notice”, thereby misstating the statutory time-reference for the 28-day payment period;
- links the issue of a charge certificate to a failure either to pay or to make representations, when the legislation ties the increased charge solely to non-payment of the penalty charge by the statutory deadline; and
- fails to include, as a separate and clear statement, the mandatory provision that “the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice”, instead conflating payment and representation time-limits in a single, confusing sentence.
As has been recognised in other analyses of similar PCNs, this wording omits mandatory information and conflates the payment and representation periods, rendering the PCN unclear and misleading.
The result is that the statutory requirements of paragraph 4(
(iii) and (v) are not met and the PCN is invalid.
5. Request for cancellation and disclosure
For the reasons above, namely:-
a) the factual circumstances and the wording of TSRGD 2016 Schedule 9 Part 7 paragraph 11 mean that the right-turn exemption applies and no contravention occurred;
b) the location “Horns Road (A)” is vague and inaccurate; and
c) the PCN fails to comply with the mandatory requirements of paragraph 4(
(iii) and (v) of Schedule 1 to the London Local Authorities and Transport for London Act 2003,
the recipient respectfully requests that the Council cancel this Penalty Charge Notice forthwith.
Should the Council decline to do so, the owner will pursue the matter to London Tribunals and will rely on all points set out above. In that event, the owner requests, pursuant to the duty of disclosure, that the Council provide:
- a full copy of the CCTV footage relied upon;
- copies of all still images; and
- a copy of the Traffic Management Order and any special authorisation relating to the yellow box junction at this location.
Yours faithfully
