Author Topic: Lost at the Tribunal - take it to high court?  (Read 621 times)

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Lost at the Tribunal - take it to high court?
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I lost at the Tribunal, how much am i looking at if i was to take this to the High Court? In the video below i am in the Black SUV directly behind the white van turning right.

The barrister at the Tribunal was meant to be impartial but it felt like he was defending himself against me. When i put some of my points across he could not answer or provide a valid reason especially when i refereed to different guidances'.

Others have won identical cases to mine at this very same junction last year, see here: yellowboxes.co.uk/illegal-box-appeals?fbclid=IwZXh0bgNhZW0CMTAAAR2O1liXtASwZ68iCtzlR3RZ-RuC2ntOCfIt4HQqjxipkvdahRsjEC5ZpAI_aem_ZtrNnj-mCp6j2o-LAx997A#comp-lqo52bdg


I argued the yellow box goes around the corner and the exit can never be seen without entering the box. The Traffic signs manual chapter 5 road markings (2018) says:

8.3.2. Half‑boxes, in which only half the area of the junction is marked (see Figure 8-2) are appropriate at T‑junctions and other junctions where the traffic blocks back from one direction only. Half‑boxes should be used only on the minor road side of the main carriageway to allow emerging traffic to turn right where the queue of traffic in the major road is to the left. A half‑box on the side of the road opposite a T‑junction generally serves no useful purpose. Even though it will create a gap in a queue of traffic, drivers.

This yellow box should not be at this T junction.

The barrister argued: "the council can do whatever they like. It doesn't have to be of a specific size."

I argued: "the guidance on GOV.UK says otherwise."

The barrister argued: "It is just guidance"

I then argued: "There must be some regulatory body that governs councils. They can't paint the entire road with a yellow box"

I also argued i was able to right my vehicle it was not obstructing any vehicles despite it landing in the yellow box. It was also evident that the yellow box was at least a cars length longer than it should have been.

Barrister was not willing to hear me and kept reiterating the fact i was in the yellow box.

In addition i had provided several case laws where appeal was allowed on the basis the exit cannot be seen until it's too late.

I would like to take it further, but what kind of costs am i looking at?

Here's the video on facebook:
« Last Edit: July 19, 2024, 12:02:43 am by maksam »

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Re: Lost at the Tribunal - take it to high court?
« Reply #1 on: »
Adjudicators are not barristers, but are lawyers.

Have you asked for a review of the adjudication ? You can request one within a certain time after the adjudication.

I have to say that your arguments about the box are not correct, sorry to have to say it. Why on earth didn't you post on here before going to London Tribunals ? Councils can put a yellow box over the whole junction, in fact most yellow boxes are like this. The video shows no obstruction that would prevent you seeing the extent of the box. in addition the offence is stopping in the box whether an obstruction is caused or not.

I looked at the link you provided and this yellow box junction in 2023 is a "half box". but the yellow box you drove into is a full box over the whole junction, so the council have repainted and enlarged the yellow box, so the case you cite in your favour doesn't apply. It seems that the council have responded to the criticism of the adjudicator in the case in your link to make the yellow box more visible to people turning out of the minor road.

Re: Lost at the Tribunal - take it to high court?
« Reply #2 on: »
Please provide the tribunal case number. You are looking at thousands for a JR
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Lost at the Tribunal - take it to high court?
« Reply #3 on: »
As per mrmustard we need the case number.

Some adjudicators are barristers and some are solicitors.

The first stage is to ask for a review of the decision and you have very strict and limited grounds and this must be done within 14 days from the date of the decision. You cannot just go to the High Court. Further, if your review application is unsuccessful, you must then write and ask for another review (which will be declined) and then send a pre action protocol letter (PAPL).

Cost: if you are on benefits or have a low income, you may qualify for fee-exemption; but, if you lose, you would need to ensure a Costs Protection Order.
« Last Edit: July 19, 2024, 08:32:59 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Lost at the Tribunal - take it to high court?
« Reply #4 on: »
Here is my case number: 2240249242 refusal dated 9th July 2024

Question:
If i ask for a review, who will review it? Will it cost me any money? How do i go about doing this? Can i raise same / similar points again which was not addressed as part of the tribunals refusal? I believe i have 2 days to do this before my 14 days are over.


Below is the tribunals refusal letter:



They also did not provide me with any details on how to appeal/review decions.


When i attneded the person behind the desk introduced himself as a barrister.

I notice in the refusal he did not mention anything about me not being able to see the end of the box as a driver before we got into technicals about the yellow box.

Here is a list of points i raised on the day along with some of my own notes / images.




• My exit was clear before I entered the box, traffic was free flowing

• The exit window is virtually impossible to see from behind the traffic light and cycle box. This poses a significant visibility challenge.

• Elongated yellow box goes past the corner, renders it virtually impossible for approaching vehicles to discern its boundaries until it is too late.

• Build-up of stationary vehicles on Cambridge Park Road, not discernible from Blake Hall Road until one commits in to the yellow box. Lack of foresight due to the bend unfairly penalises drivers who are unable to anticipate traffic beyond their immediate line of sight.

• Oncoming vehicles turning left onto Blake Hall Road from my right further obstructs the visibility of the exit to the yellow box

• Green light before the yellow box, stopping abruptly here at a green light i risk rear-end collisions, road rage from drivers behind me who cannot see yellow/box round the corner

• Momentum gained when traffic started to move, it is impractical to stop safely without endangering others behind me, especially when the light remains green.

• I maneuvered my large SUV without impeding the flow of traffic or obstructing other vehicles. Both my vehicle and the one behind me proceeded without hindrance, this underscores the fact the yellow box is larger than it should be. It is designed to unfairly catch out drivers such as myself when we are not an obstruction.

• Drivers should have adequate visibility beyond the box to be able to make a clear judgment before entering it

• Expert review by RAC by Sam Wright a chartered engineer, formally responsible for the design and approval of yellow boxes on the TfL Road Network concluded:

- 98 of the 100 boxes are bigger than they need to be
- The boxes are on average 50% bigger than they need to be
- 53 of the boxes are not under signal control and could easily be converted to ‘keep clear’ markings to serve the same purpose

• Traffic signs manual chapter 5 road markings (2018) https://www.gov.uk/government/publications/traffic-signs-manual

https://assets.publishing.service.gov.uk/media/5c4ace6ded915d38a0611abc/traffic-signs-manual-chapter-05.pdf (page 90, refer to 8.3.2)

8.3.2. Half‑boxes, in which only half the area of the junction is marked (see Figure 8-2) are appropriate at T‑junctions and other junctions where the traffic blocks back from one direction only. Half‑boxes should be used only on the minor road side of the main carriageway to allow emerging traffic to turn right where the queue of traffic in the major road is to the left. A half‑box on the side of the road opposite a T‑junction generally serves no useful purpose. Even though it will create a gap in a queue of traffic, drivers.
Purpose of yellow box


Traffic signs manual chapter 5 road markings (2018) https://www.gov.uk/government/publications/traffic-signs-manual (page 89, refer to 8.1.2)

https://assets.publishing.service.gov.uk/media/5c4ace6ded915d38a0611abc/traffic-signs-manual-chapter-05.pdf

8.1.2. The purpose of a yellow box marking is to mark an area of carriageway conveying 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 (S9‑7‑11).

• Road markings – Guidance (Updated 5 December 2023) https://www.gov.uk/government/publications/know-your-traffic-signs/road-markings#at-junctions

Where stationary traffic would be likely to block a junction, a yellow box may be marked on the road, covering all or part of the junction.

Case law precedent

I draw your attention to the precedent set in case 2230304887 at the same junction in 2023. The adjudicator's ruling acknowledged the inherent challenges posed by the configuration of the junction, particularly regarding visibility. The box markings extend beyond the junction and do not meet the definition in Paragraph 11(6)(a) of Part 7 of Schedule 9.

Another adjudicator stated that “extending the box junction by a car length or more beyond the actual junction is neither compliant nor substantially compliant with requirement”.

(2170285940 Stephen Thurston v LB of Richmond Upon Thames, York St / Arragon Rd)

This yellow box is designed to ensnare unsuspecting drivers rather than facilitate traffic flow.


My questions:

• Can the council explain what the purpose of a yellow box is?
• Can council explain how my vehicle or any other vehicle is impeding traffic on the far side of the T junction?
• Then why is yellow box extended by a cars length?
• Does the council understand the meaning of case law?

Case Law:

Case law is the set of rulings from court judgements that set precedents for how the law has been interpreted and applied in certain cases. Case law is not held on legislation.gov.uk. https://caselaw.nationalarchives.gov.uk/ Judgments and decisions from 2003 onwards

Precedent: a previous case or legal decision that may be or (binding precedent) must be followed in subsequent similar cases.


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« Last Edit: July 19, 2024, 12:51:54 pm by maksam »

Re: Lost at the Tribunal - take it to high court?
« Reply #5 on: »
Forget this, you don't stand an earthly. I think the box is too long but not ridiculously so. The last two black vehicles both bowled into the box when it was blindingly obvious that they would not be able to exit.

I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Lost at the Tribunal - take it to high court?
« Reply #6 on: »
A pity you did not have Mr Stanton-Dunne.  :-[
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Lost at the Tribunal - take it to high court?
« Reply #7 on: »
OP, the video in your first post has disappeared.

They also did not provide me with any details on how to appeal/review decions.

Really? Nothing sent in the post? if I remember correctly, the trigger date for the period allowed for a review is the date when the entry in the statutory register is notified to the appellant.

As regards a review by the Tribunal, IMO this sinks you: 'Considering carefully all the evidence before me I must find as a fact that, on this particular occasion, a contravention did occur and the Penalty Charge Notice was properly issued.'

You don't have a argument anywhere near the standard needed to show that the decision was such that, in common parlance, no adjudicator(be they barrister, solicitor or whatever) in their right mind could have made it, therefore a JR on the legal points at issue and not your disappointment, however deeply felt, must IMO get nowhere - and it's not an option which lies with you anyway. As I understand it, you (and your counsel) would have a preliminary hearing before a judge who would determine whether your case had any merit. Their Lordships' time cannot simply be summoned by anyone who either has or doesn't have money.

Re: Lost at the Tribunal - take it to high court?
« Reply #8 on: »
Any JR application would have to get through the first hurdle which is done on the papers. Another application would then have to be made for an oral hearing if refused.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Lost at the Tribunal - take it to high court?
« Reply #9 on: »
Here is my case number: 2240249242 refusal dated 9th July 2024

Question:
If i ask for a review, who will review it? Will it cost me any money? How do i go about doing this? Can i raise same / similar points again which was not addressed as part of the tribunals refusal? I believe i have 2 days to do this before my 14 days are over.
..............................
''''''''''''''''''''''''''''''

Requesting a review by the Tribunal won't cost anything. A Judicial Review application will.
If your Tribunal review application were to be accepted it would be considered by another Adjudicator.
The High Court would decline to hear an application for Judicial Review unless the existing appeal procedures have been exhausted. The deadline to get an application delivered for a review by the Tribunal is Monday the 22nd.

So where your case stands now. There is no automatic right of appeal against the adjudicator's decision. However, in limited circumstances a decision can be reviewed.

"The grounds for review are:

The decision was wrongly made because of an error by our administrative staff;
You failed to appear or be represented at a hearing for some good reason;
There is new evidence, the existence of which could not have been reasonably known of or foreseen before the decision; or
The interests of justice require a review. You should note that an adjudicator's findings of fact are normally regarded as final and will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator. The mere fact that you disagree with these findings is not a ground for review.

A review will only be granted if an adjudicator is satisfied that one or more of these applies. A review is NOT simply an opportunity for you to appeal again. You will not be granted a review just because you disagree with the adjudicator's decision."
« Last Edit: July 20, 2024, 02:28:15 am by Enceladus »