Author Topic: Redbridge Council, Code 31 J Entering/Stopping in Yellow Box, Ilford Lane  (Read 715 times)

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Hi,

I received a PCN from Redbridge Council under code 31 J - Entering and stopping in a box junction when prohibited. Location is Ilford Lane.

I had made representations within the 14 day period. I wrote the following to them (got it from here):

Dear Sir/Madam,

I challenge liability for PCN AF3012422A on the basis that the alleged contravention did not occur. This is because while my vehicle did stop within the yellow box markings, that stop was not caused by the presence of stationary vehicles, as the video clearly shows that there is ample space ahead of my vehicle outside of the box. The images and video show the vehicle entering this box junction marking and then stop partially within the box (only right side of back wheel of the car). However, there was a clear space ahead of it and thus, whatever the reason, the vehicle does not appear to have stopped due to the presence of a stationary vehicle.

It follows that the PCN must be cancelled.

Yours faithfully,


I received a notice of rejection just within few days. I know that the rule is that you should only enter if your exit is clear. In this case, I was entering into a road, there was a lorry parked with hazard lights on (most likely unloading) so i could not enter on my side of the road. I had to use the other side to get into the road. After the white car exited, i entered but stopped for a second as i saw a car coming from the other side, I thought it was giving me way so i proceeded but just then the two men (pedestrians) cross the road so i stopped. By that the van/car had come forward and i had to reverse. I thought i was clear of the yellow box but clearly that was not the case. I would appreciate any advice on how to deal with this please.

I would like advice on whether it's worth appealing to the ETA - do I have a good chance in being successful? If i do appeal, what rule/facts should i rely on?

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Re: Redbridge Council, Code 31 J Entering/Stopping in Yellow Box, Ilford Lane
« Reply #1 on: »
You were right to challenge this and Redbridge's rejection is in bad faith.

They misstate the law in their rejection notice, it's fine to stop in a box junction for pedestrians and for moving traffic coming towards you in what was a single lane carriageway due to the parked lorry.

I'd definitely take this one all the way.

Re: Redbridge Council, Code 31 J Entering/Stopping in Yellow Box, Ilford Lane
« Reply #2 on: »
You were right to challenge this and Redbridge's rejection is in bad faith.

They misstate the law in their rejection notice, it's fine to stop in a box junction for pedestrians and for moving traffic coming towards you in what was a single lane carriageway due to the parked lorry.

I'd definitely take this one all the way.
+++1

(!!!) More council stupidity and incompetence that we see so often.

Thank you for your comments.

I shall be grateful if @cp8759 and everyone else could please guide me and let me now if the appeal I have written is strong enough to send. If there is anything I should amend/add - please do let me know. Also, i'm not sure if I should mention anything about the Lorry because i'm worried that they might come back and say that because of the Lorry your exit was not clear?

Dear Sir/Madam,

This is an appeal to the Environment and Traffic Adjudicators in relation to the Notice of Rejection I have received from London Borough of Redbridge for their PCN Charge Notice (AF3012422A).  The alleged traffic contravention is 31 J – Entering and stopping in a box junction when prohibited.

I am making this appeal on the ground that the contravention alleged by the Authority on the Penalty Charge Notice did not occur. The Highway Code 174 states ‘you must not enter the box until your exit road or lane is clear’. As you can see in the video, when I entered the box junction, at that time my exit was clear for me to enter the road I was turning in. Therefore, I did not break this rule.

My vehicle did stop within the yellow box markings however that stop was not caused by the presence of stationary vehicles, as the video clearly shows that there is ample space ahead of my vehicle outside of the box for me to enter the road I was turning in.

It can be seen in the video at 12:32:27 time frame, my vehicle stops because at that exact moment there is a white vehicle coming from the other side (oncoming traffic). That vehicle cannot be seen coming in the video because the view is blocked by a lorry. However, you can see in the reflection of the window which is under the sign of the shop ‘Lahori Kulfi & Falooda’ at 12:32:38 time frame that the white coloured vehicle is coming towards me due to which I had to stop. It is important to note that at that exact moment, there are two pedestrians that also cross the road in front of my vehicle hence why I could not proceed.

According to the Highway Code, "Other traffic must give way to pedestrians crossing or waiting to cross" at a junction, meaning drivers should yield to pedestrians who are already crossing or waiting to cross the road into which they are turning; this is primarily referenced in Rule H2 of the code. This means that when a pedestrian has started crossing a road and a vehicle wants to turn into that road, the pedestrian has priority, and the driver must give way. Additionally, Rule 170 of the Highway Code states "Give way to pedestrians who have started to cross". This has happened in my case. I could not clear the box junction because the two pedestrians started crossing the road.

The oncoming car does not give me way and keeps coming towards me due to which I was forced reverse slightly at 12:32:47. That vehicle can be seen exiting that road at the end of the video at 12:32:48.  Please note that during this entire time only the rear right side of my vehicle’s wheel remained in the box junction.

Please also note that there is a large lorry wrongly parked on the other side of the road due to which the exit becomes a single carriage way. The presence of this lorry is beyond anyone’s control and it would be unfair for any vehicle to hold up traffic and be prevented from turning into this road.

I understand that the general rule is not to stop in a box junction however once you enter the box junction and circumstances change afterwards which in my case was the oncoming traffic blocking my exit and the two pedestrians crossing, then there is no offence.

The oncoming vehicle and the crossing of the two pedestrians both happened simultaneously, and it occurred after I had entered the box junction. I strongly believe that this situation was unavoidable and due to circumstances beyond my control I was stopped in the box junction. I kindly ask you to consider these factors when reviewing my case and allow my appeal.

The first step is to get your appeal registered with the tribunal and you should opt for a personal or telephone hearing.You can upload your appeal later.

You need to do this very soon as the appeal deadline is approaching.

@crane321 this looks like a very straightforward case and you've written way, way too much. Also the rules are not those found in the Highway Code, the rules are in paragraph 11 of Part 7 of Schedule 9 to The Traffic Signs Regulations and General Directions 2016.

This will be way easier if I represent you, so I'm going to drop you a PM.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

The first step is to get your appeal registered with the tribunal and you should opt for a personal or telephone hearing.You can upload your appeal later.

You need to do this very soon as the appeal deadline is approaching.

When you go on the https://www.londontribunals.gov.uk to register, as you follow the steps they ask 'Explain why you are appealing' and there is a box so should I not include what I have written above there?

@crane321 this looks like a very straightforward case and you've written way, way too much. Also the rules are not those found in the Highway Code, the rules are in paragraph 11 of Part 7 of Schedule 9 to The Traffic Signs Regulations and General Directions 2016.

This will be way easier if I represent you, so I'm going to drop you a PM.

Thank you for your guidance. Should I remove all references to the Highway Code then? Or remove only the one that refers to Pedestrians? I will have a look at paragraph 11 of Part 7 of Schedule 9 to The Traffic Signs Regulations and General Directions 2016

Look at the PM I sent you please. It gives you the essential points you need to advance and I can also just do everything for you if you'd prefer. Whatever you do make sure not to request a decision on the papers.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Knowing Redbridge's trigger-happy approach, I would do as advised and file today, better with his assistance. By the way, Redbridge still publish that hearings take place at The Angel!
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