Author Topic: PCN for being in a box junction  (Read 844 times)

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stamfordman

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Re: PCN for being in a box junction
« Reply #15 on: August 01, 2024, 12:56:15 pm »
I think you'll fail on this one - the box only extends to the road width (it includes footways) and you entered the box when the leading car was just past half-way through and you can see a motorbike slowing ahead. There is no evidence of the other car stopping short but you can try and convince an adjudicator.
Shame as there was loads of room to exit on the right.

H C Andersen

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Re: PCN for being in a box junction
« Reply #16 on: August 01, 2024, 01:13:05 pm »
Can't agree with this sweeping assumption, I'm afraid.

At the corners the footways are, for want of a better term, shared. As the purpose of a box junction relates to vehicles and not pedestrians then IMO it is more logical to consider the extent of the side road as terminating where the 'Give Way' road markings end, which is well before the end of the YBJ.

OP, if you have time to alter your appeal then IMO you must get them to commit themselves and state the lawful authority which supports their contention e.g. if the authority reject these representations then they are obliged to provide authority for their claim that a YBJ may be marked, and therefore effectively extended, beyond the junction when the Traffic Signs Manual and even their own 'Give Way' markings, which delimit the carriageway here, indicate that the junction does not extend to this point.

Korting

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Re: PCN for being in a box junction
« Reply #17 on: August 01, 2024, 01:49:26 pm »
Can't agree with this sweeping assumption, I'm afraid.

At the corners the footways are, for want of a better term, shared. As the purpose of a box junction relates to vehicles and not pedestrians then IMO it is more logical to consider the extent of the side road as terminating where the 'Give Way' road markings end, which is well before the end of the YBJ.

OP, if you have time to alter your appeal then IMO you must get them to commit themselves and state the lawful authority which supports their contention e.g. if the authority reject these representations then they are obliged to provide authority for their claim that a YBJ may be marked, and therefore effectively extended, beyond the junction when the Traffic Signs Manual and even their own 'Give Way' markings, which delimit the carriageway here, indicate that the junction does not extend to this point.

Thank you HCA. How do I do that?  What should I put in?

H C Andersen

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Re: PCN for being in a box junction
« Reply #18 on: August 01, 2024, 03:34:44 pm »
I included a form of words in my previous post 'e.g. **************.

Your argument is that where you stopped is not at a junction between two roads and therefore, by virtue of paragraph * of Schedule * to the Traffic*****, stopping at that point is not a road traffic contravention and cannot be penalised.

Hippocrates

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Re: PCN for being in a box junction
« Reply #19 on: August 01, 2024, 04:01:33 pm »
There is a decision re Kingston box junction which is similar...


Case reference   2230056005
Appellant   Jeff Baker
Authority   Royal Borough of Kingston Upon Thames

Contravention location   KINGSTON ROAD
Penalty amount   GBP 130.00
Contravention   Entering and stopping in a box junction
   
Decision Date   28 Feb 2023
Adjudicator   Andrew Harman
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.

Reasons   Upon the appellant making submissions as to the extent of box junction markings supporting evidence being provided.


This box junction is not only marked at the junction between these two roads but also in advance and beyond that junction.

It is not therefore marked in compliance with The Traffic Signs Regulations and General Directions 2016 this penalty charge thus being unenforceable.

The appeal is accordingly allowed.
« Last Edit: August 01, 2024, 04:18:07 pm by Hippocrates »
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".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Korting

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Re: PCN for being in a box junction
« Reply #20 on: August 02, 2024, 12:17:08 am »
How does this look?


I am appealing this PCN on the following grounds grounds.

It would appear that the size of the box is too long.  The corners of the junction have a very wide radius, but it is not necessary for the box to cover that both corners.  Indeed it appears that the Yellow Box Junction does not conform to the regulations as set out in the Transport Signs, Regulations and General Directions 2016.

At the corners the footways are, for want of a better term, shared. As the purpose of a box junction relates to vehicles and not pedestrians then in my opinion it is more logical to consider the extent of the side road as terminating where the 'Give Way' road markings end, which is well before the end of the YBJ.  If the box would have been the correct length, I would have cleared it.

No obstruction to other traffic was caused, indeed you can see a car pulling out from the side turning and turning right without any impediment.

The white car in front of mine proceeded over the box junction and then stopped when there was no need to and I had expected to clear the box junction had  the driver have moved up as they should have.


There is a decision re Kingston box junction which is similar...


Case reference  2230056005
Appellant  Jeff Baker
Authority  Royal Borough of Kingston Upon Thames

Contravention location  KINGSTON ROAD
Penalty amount  GBP 130.00
Contravention  Entering and stopping in a box junction
 
Decision Date  28 Feb 2023
Adjudicator  Andrew Harman
Appeal decision  Appeal allowed
Direction  cancel the Penalty Charge Notice.

Reasons  Upon the appellant making submissions as to the extent of box junction markings supporting evidence being provided.


This box junction is not only marked at the junction between these two roads but also in advance and beyond that junction.

It is not therefore marked in compliance with The Traffic Signs Regulations and General Directions 2016 this penalty charge thus being unenforceable.

The appeal is accordingly allowed.

Under the circumstances and bearing in mind the foregoing, I expect the Council to cancel this PCN.
« Last Edit: August 02, 2024, 12:20:08 am by Korting »

stamfordman

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Re: PCN for being in a box junction
« Reply #21 on: August 02, 2024, 11:18:10 am »
The box does not extend excessively and is pretty much across the mouth of the road, and a lot of other boxes are like this. One reason is probably to give some extra sight lines. 

The Kingston case cited I believe is for a box that is/was clearly out of bounds in one direction.

It's worth a shot but I wouldn't be confident in taking it to the tribunal.

I would say something like 'Given the traffic flow ahead and the size of the side road  I was confident if the other drivers had taken up their space I would have cleared the junction and I only encroached on a part of the box that does not conform to the regulations of being marked only at the junction area of the two roads.'
etc.

It might be better to show examples of boxes that conform strictly - I've posted two videos here:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/2-in-one-day-help!/

This may be the Kingston box:
http://lbbspending.blogspot.com/2023/05/kingston-road-new-malden-yellow-box.html
« Last Edit: August 02, 2024, 12:51:21 pm by stamfordman »

MrChips

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Re: PCN for being in a box junction
« Reply #22 on: August 02, 2024, 12:33:10 pm »
I'm with Stamfordman on this one.  I've seen many more adjudication decisions which state there is flexibility under TSRGD 2016 as to how to site the box junction and strike out appeals based on box size (far more egregiously than this one).

You may get lucky with a sympathetic adjudicator but I'd put chances of success well below 50% if relying solely on this argument.

H C Andersen

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Re: PCN for being in a box junction
« Reply #23 on: August 02, 2024, 12:51:56 pm »
The OP isn't at adjudication yet, they're putting their case in reps and attempting to discover the authority's reasoning for not adopting the TSM form.

Also, the 'Give Way' road marking delineates the extent of the carriageway in the side road. IMO, it is a leap too far to suggest that 'road' as in 'a junction between two or more roads' includes the furthest reaches of shared footway.

But this is just a view.

Korting

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Re: PCN for being in a box junction
« Reply #24 on: August 03, 2024, 12:25:29 pm »
I am appealing this PCN on the following grounds grounds.

It would appear that the size of the box is too long.  The corners of the junction have a very wide radius, but it is not necessary for the box to cover that both corners.  Indeed it appears that the Yellow Box Junction does not conform to the regulations as set out in the Transport Signs, Regulations and General Directions 2016.

At the corners the footways are, for want of a better term, shared. As the purpose of a box junction relates to vehicles and not pedestrians then in my opinion it is more logical to consider the extent of the side road as terminating where the 'Give Way' road markings end, which is well before the end of the YBJ.  Given the traffic flow ahead and the size of the side road.  I was confident if the other drivers had taken up their space I would have cleared the junction and only encroached on a part of the box that does not conform to the regulations of being marked only at the junction area of the two roads

No obstruction to other traffic was caused, indeed you can see a car pulling out from the side turning and turning right without any impediment.

The white car in front of mine proceeded over the box junction and then stopped when there was no need to and I had expected to clear the box junction had  the driver have moved up as they should have.

There is a decision re Kingston box junction which is similar...


Case reference  2230056005
Appellant  Jeff Baker
Authority  Royal Borough of Kingston Upon Thames

Contravention location  KINGSTON ROAD
Penalty amount  GBP 130.00
Contravention  Entering and stopping in a box junction
 
Decision Date  28 Feb 2023
Adjudicator  Andrew Harman
Appeal decision  Appeal allowed
Direction  cancel the Penalty Charge Notice.

Reasons  Upon the appellant making submissions as to the extent of box junction markings supporting evidence being provided.


This box junction is not only marked at the junction between these two roads but also in advance and beyond that junction.

It is not therefore marked in compliance with The Traffic Signs Regulations and General Directions 2016 this penalty charge thus being unenforceable.

The appeal is accordingly allowed.

Under the circumstances and bearing in mind the foregoing, I expect the Council to cancel this PCN.


Hopefully the last draft

Korting

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Re: PCN for being in a box junction
« Reply #25 on: August 05, 2024, 12:05:18 am »
Can someone look at my last draft and see if it's good to go?  Or if there is anything I should add or subtract from it.

It has to be submitted by tomorrow.

Incandescent

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Re: PCN for being in a box junction
« Reply #26 on: August 05, 2024, 12:42:56 am »
I haven’t sent anything in yet, should I modify the appeal?
It looks OK to me. Best send in so you don't miss the deadline.

Korting

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Re: PCN for being in a box junction
« Reply #27 on: August 26, 2024, 12:07:40 am »
Well surprise surprise, my friend got a rejection letter

https://imgur.com/a/owPU6FW

https://imgur.com/a/OYpfgnz

https://imgur.com/a/sHIWGbs

https://imgur.com/a/kRRZn7Q

Should she give up or fight it at a tribunal?

Hippocrates

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Re: PCN for being in a box junction
« Reply #28 on: August 26, 2024, 10:11:04 am »
1. What is The Traffic Management Act 2014?

2. NOR does not mention power of the adjudicator to extend time in which to lodge an appeal.

I say this is winnable.
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".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

H C Andersen

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Re: PCN for being in a box junction
« Reply #29 on: August 26, 2024, 11:20:38 am »
And the period for making an appeal itself is misstated as is the council's power to issue a Charge Certificate both of which must be 'no later than the end of the period of 28 days beginning on the date of service of the NOR'(they had two bites at this and both are wrong!).

OP, in principle nothing has changed i.e. the authority wouldn't accept that their YBJ had been placed improperly. But what their rejection does show is their lack of understanding of the law (it's the TMA 2004 but this is not relevant because the regs regarding YBJ are made under completely different legislation, the Road Traffic Regulation Act 1984) and IMO your friend stands a good chance at adjudication with 'contravention did not occur' to which they would add what is known as a collateral challenge based upon the lack of cogent reasons to rebut the argument regarding the extent of the YBJ and misinformation regarding the owner's rights of appeal.

Wait for others.