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Good afternoon
 
At the time of the alleged contravention, the driver was a learner under my instruction as a driving instructor. The vehicle entered the junction only after the exit was seen to be clear. However, while completing the manoeuvre, a pedestrian approached and was about to cross, requiring us to slow and momentarily stop in order to comply with Rule H2 of the Highway Code, which gives priority to pedestrians crossing or waiting to cross.

The vehicle was not stopped due to congestion or a blocked exit, but solely out of necessity to comply with pedestrian priority rules and ensure safety. The stop was brief and unavoidable, and therefore no contravention occurred.

I challenged this PCN on 14th August.
I received an email from Lewisham council acknowledging my challenge submission. It reads:

“Please find attached details of the challenge/representation you submitted using our online service.

Please note this this is a system generated alert and was sent from an unmonitored mailbox.”
Plus my statement attached as pdf file.

I haven’t heard from Lewisham council since then.

When I log in their website it tells me either to pay or challenge the PCN.
 

Thank you

Please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

For cases like this it's essential we see the video.  For your information, a YBJ contravention is only committed when the vehicle enters the box and has to stop due to the presence of stationary vehicles.

This is so obviously not a contravention that costs would be awarded if they forced you to take it to the tribunal.

I take it you are the registered keeper of the car.

+1
If this ever gets to adjudication, it would be a slam-dunk win, and you really MUST seek costs as councils are rather too fond of this sort of thing. The pity is that all adjudicators can do is decide which side wins, they have no powers to force councils to sack the people who issue these sort of illegal PCNs or impose anything on councils whatsoever. Yet another booking for Charons boat across the Styx, I think.

There's no notice of rejection yet... Who knows, Lewisham may do the decent thing.

Thanks everybody for the comments.

I haven’t heard anything from the council, so what’s my next step?

OP, we've touched on the contravention, but given your naïveté(your reps don't touch on the substantive legal issues) I think we should spell out the law.

This prohibition doesn't require a traffic order, the marking conveys the legal requirement(and as an instructor I'm surprised that you don't know..but moving on).

The marking can be found at Item 25 in the Part 6 Table here:

https://www.legislation.gov.uk/uksi/2016/362/schedule/9

The prohibition is:
Box junctions
11.—(1) Subject to sub-paragraphs (2), (3) and (4), the yellow criss-cross marking provided for at item 25 of the sign table in Part 6 conveys 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.
.

A stationary vehicle did not cause the driver to stop therefore as a matter of law the contravention did not occur. A driver may stop to let an asthmatic snail carrying heavy shopping cross the road or for any other reason as long as it is not 'due to the presence of stationary vehicles'.

The council are a***h***s.

What's new?

Good evening everyone,

I received a letter from Lewisham council advising me that the PCN has been cancelled. Success. 

I want to thank you for your help and advice. 

Regards
Vent