This is my draft, I have pinched a fair chunk off the post from H C Anderson if someone wouldn't mind looking over it before I submit it, that would be much appreciated.
I am writing to appeal against PCN no.HZ93274133 Vehicle registration, BU67FMY
My elderly mother was taken ill so I had to visit her to make sure all was ok. after the Doctors visit, he gave her the all clear I decided to try and get her some food as it was late and this is when I got caught in the YBJ for around 10 seconds, the gap would have been ok if the 2 cars in front had of moved forward but the back was still in the box,
The location of the contravention is given as:
Box junction Fulham Palace Road j/w St. Dunstan's Road.
A 'box junction' as defined may be placed without the need for a traffic management order however, its design, siting and extent are circumscribed by regulations which in this case provide:
"box junction” means an area of the carriageway where the marking has been placed and which is—
(a)at a junction between two or more roads;
Paragraph 11(6)(a) of Part 7 of Schedule 9 to the Traffic Signs etc. Regulations 2016 refers.
The enclosed GSV aerial view shows that the yellow markings extend 30ft beyond the north-west kerbline of St. Dunstan's, this is not 'at the junction' of Fulham Palace Road.
Even if one considered the road junction to include the radiused kerb then the markings still extend 16ft beyond this point.
The council's evidence shows that the rear of my car was stationary some 4 feet inside the markings.
My analysis of the applicable regulations in the context of the location given in the PCN shows that this point was not at the junction of those roads but well outside.
The contravention therefore did not occur and the PCN must be cancelled.
I look forward to hearing back from you with a positive resolution to this pcn.
Kind regards
