Author Topic: PCN -31J - Box Junction - London Borough of MERTON  (Read 993 times)

0 Members and 306 Guests are viewing this topic.

PCN -31J - Box Junction - London Borough of MERTON
« on: »
Hi,

I received a PCN.  Date of contravention:6/04/2024    Date of notice: 18/04/2024

Contravention Code: 31J - Entering and stopping in a box junction when prohibited
Location: MTC-Cricket Green j/w Bramcote Avenue
London Borough of Merton

Is there any chance of challenging this? -  mainly on the grounds of the visibility of the box junction.  The box junction markings are badly faded so it is not possible for the driver to see whether they were approaching the box junction.  The other point of note, is that the CCTV is from a camera high up on a pole and does not reflect exactly what a driver can see from within the car at ground level, given that the lines are faded.

Or it there any other way of challenging this PCN?

Have attached the PCN notice and the video link below.

https://drive.google.com/file/d/1SUt5xeAdP2RkVbbEz_-lixInItOTNjh8/view?usp=sharing

Would appreciate any help.
Thanks.


[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #1 on: »

Just bumping this up. 


Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #2 on: »
A photo of the driver's view would be helpful, (essential !),  if this is to form part of your reps against the PCN.

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #3 on: »
There should not be a bus stop so close to the box, you could not expect that the free flowing traffic would halt, given that the markings are faded you could not see the box in time to react and stop short, also the markings extend beyond the junction at the front if they were as specified you could have avoided the box

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #4 on: »
Thanks for your replies.

Is there any specific area/para/part I would need to quote from the The Traffic Signs Regulations and General Directions (TSRGD) 2016 to help

@Pastmy Best - agree that one is not aware of the bus stop being there so close to the junction and the sudden stopping of the bus in free flowing traffic, does not give one sufficient time to react to stop.  It's a trap as by the time you realise you need to stop you have entered the junction.

Also,can't understand why the council have put a box junction there?  Could they not have just marked the area as ' Keep Clear'? especially given that the bus stop in near the junction.

 
« Last Edit: April 27, 2024, 12:27:58 pm by poorthing »
Love Love x 1 View List

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #5 on: »
Quote
Also,can't understand why the council have put a box junction there?  Could they not have just marked the area as ' Keep Clear'? especially given that the bus stop in near the junction.
Of course they could, but it wouldn't make any money !  Sorry to be so cynical, but the really, really,  cynical people can be found in councils, not here on this forum.
Like Like x 1 View List

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #6 on: »
Hi,

This is what I have typed to appeal my PCN.

Is it okay or do any amendments need to be made?. 

I am also attaching the document with Video evidence and Photos as a separate Word Document which I will be sending along with the below.

--------------------------------------------

-------------------------------------------

I am challenging this PCN that the alleged contravention did not occur -mainly on the grounds of the visibility of the box junction to the oncoming driver and the ensuing poor quality of the actual yellow criss-cross lines. 

The box junction markings are badly faded, especially across where the vehicle tyres go over; it is not possible for the driver to see them when approaching the box junction. 

The other point of note, is that the CCTV view is from the pole camera high up and DOES NOT not reflect exactly what a driver can see from within the car at ground level, given that the lines are faded.

In addition, I was travelling directly behind the TFL bus and free flowing traffic.  I was unable to see the box junction before I entered it as my view was obscured by the bus.  Importantly, the bus stop is located DIRECTLY too close/soon after the box junction, when it made a stop.  For an oncoming driver, it would be highly unlikely to make a reasonable stop, before the junction.  As a result, and combined with the faded box junction lines, the driver will find themselves effectively in the box junction, in effect finding himself trapped.  Essentially, there needs to be at least one car’s length, so that a car can safely stop behind the bus and thus avoid the box junction without being trapped, as is the case with how the current layout of the junction now appears. 

In conclusion, due to the poor visibility of the faded box junction lines, I was thus not able to see it until I was effectively ON TOP of the box junction, by which time it was too late.

It is not possible for me to show the actual drivers view at the time, however please find attached a photo and video evidence from site giving an idea.  Please note the attached photo evidence (taken after the incident) does not show any vehicles in front of my car. On the day of the alleged contravention, there was much free flowing traffic and the ‘big’ TFL bus in front of my car.


------------------------------------------------

Thanks.

[ Guests cannot view attachments ]
« Last Edit: April 28, 2024, 05:06:33 pm by poorthing »

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #7 on: »
Conscious that I need to submit this by tomorrow -

Is anyone kindly able to advise if the above letter is okay and attached evidence?  Please.

Thanks.

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #8 on: »
It looks OK, but don't expect them to roll-over and cancel, they just want your money !

I have to say the YBJ doesn't look as "invisible" as you make out, having looked at your photos. Anyway, submit your reps, then post-up their response when you get it. It is always possible they will shoot themselves in the foot.

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #9 on: »
@poorthing the representation is fine, it will inevitably be rejected but the notice of rejection template used by Merton is flawed and can easily be appealed as long as they haven't fixed the wording yet.

Please post the notice of rejection when you get it and we'll advise on the next steps.

Also please give us the PCN number.
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

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #10 on: »
Thanks Incadescent and cp8759.

Will send it and wait for the 'Notice of rejection'!


Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #11 on: »
Hi,

Received the ' Notice of Rejection' yesterday.  As advised in earlier posts have attached it here - attached as a google link (as I keep getting a message saying  'upload folder is full' and it does not allow me to attach the word document)

https://docs.google.com/document/d/1UxO5gxqM33rvh1ywfH_MFW-FskGYuo-q/edit?usp=sharing&ouid=108838984854993317821&rtpof=true&sd=true

It does not seem to take into account at all that from a drivers point( sitting in the car), Lines are not visible till it's too late.

Is there any point trying to appeal this further/ or any mistakes in Notice of rejection.

Thanks.


Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #12 on: »
https://www.ftla.uk/index.php?action=dlattach;topic=1749.0;attach=6389

I have looked at the video and can only comment that, as per usual, councils' cameras show the YBJ in a better light. When you look at the video provided in the link above, the lines are clearly not "good enough" on approach IMO.
« Last Edit: June 05, 2024, 01:31:53 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: PCN -31J - Box Junction - London Borough of MERTON
« Reply #13 on: »
I'm just reposting again with the ' Notice of Rejection' document attached below as had issues earlier.
PCN number all on the image

https://imgur.com/a/BMeiQzU
« Last Edit: June 05, 2024, 04:42:08 pm by poorthing »

Re: PCN -31J - Box Junction - London Borough of MERTON
« Reply #14 on: »
@cp8759 any views re the NOR? I have had a look.
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