This is one where we would have once hoped the authority would use discretion owing to the expectation of normal traffic flow, and indeed the old Hammersmith & Fulham guidance included this type of situation as worthy. But those days have gone.
This doesn't mean an adjudicator may not find for you - here are two that are relevant and involve pedestrians beyond the vehicle in front whereas in your case the reversing van is the cause.
The first also turns on the wording in the legislation of vehicles (plural) not vehicle (singular).
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Case reference 2240416752
Appellant Anisha Patel
Authority London Borough of Waltham Forest
VRM DC23AVG
PCN Details
PCN FR62861981
Contravention date 25 Jun 2024
Contravention time 16:26:00
Contravention location Lea Bridge Road / Argall Way
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date -
Decision Date 03 Dec 2024
Adjudicator Belinda Pearce
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons 1. The Enforcement Authority assert that the said vehicle entered and stopped on a location subject to an operative restriction denoted by yellow cross-hatching, such demarcation indicating a prohibition against a vehicle entering and remaining stationary within the defined area due to the presence of stationary vehicles.
2. The Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances and challenges as comprehensively stated in her written representations, supported by annotated images and freeze frames.
3. The Enforcement Authority who assert that the said vehicle was so driven contrary to the operative restriction are obliged to adduce evidence to the requisite standard to substantiate that assertion:-
The evidence upon which the Enforcement Authority rely comprises the certified copy Penalty Charge Notice together with contemporaneous photographic evidence: CCTV footage and still frames taken there-from revealing the said vehicle in situ and the applicable carriageway markings notifying motorists of the prohibition.
It is incumbent upon a motorist to be acquainted with [by reference to The Highway Code], and comply with, such prohibitions.
4.The prohibition, as set out in The Traffic Signs Regulations & General Directions 2016 prohibits vehicles (or parts there-of) from entering and stopping within the cross-hatched area due to the presence of stationary vehicles.
There is no requirement that the vehicle be causing an obstruction.
There is no minimum period since a vehicle is in contravention immediately it is stationary.
There is no minimum portion of a vehicle since any stationary part thereof is subject to contravention.
5. The contemporaneous photographic capture was examined (repeatedly) to evaluate the allegation in conjunction with the Appellant's representations and supporting documents.
6. The Appellant described the sequence of events in relation to the traffic flow and vehicles ahead, and her calculation as to it continuing to move so as to accommodate the said vehicle on the right-hand side of the box.
In order to satisfy myself that a contravention occurred I must establish that the said vehicle entered and stopped on the box junction due to the presence of stationary vehicles.
With the benefit of rewind and freeze frame it is evident that the traffic flow was halted, as is borne out by the footage, by pedestrians crossing the road beyond the vehicle ahead of the said vehicle; the said vehicle was not thereby caused to stop on the cross hatching by virtue of stationary vehicles, plural.
Evidentially I am not satisfied that the contravention occurred, accordingly I allow this Appeal.
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Case reference 2240519427
Appellant Robert Wilson
Authority London Borough of Redbridge
VRM LY08OXM
PCN Details
PCN AF99198507
Contravention date 20 Sep 2024
Contravention time 22:31:00
Contravention location Ilford Lane
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date -
Decision Date 13 Feb 2025
Adjudicator Anju Kaler
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons The contravention alleged is entering and stopping in a box junction when prohibited. The prohibition is contained in the Traffic Signs Regulations and General Directions 2016, Schedule 19 Part 2 paragraph 6. This provides as follows.
7. (1) Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 shall each convey the prohibition that no person shall 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.
The CCTV footage shows the vehicle drive behind another that stops to let pedestrians walk across the road. The Appellant, who was in the car behind, could not have anticipated that the car in front would come to a halt, leaving a large gap in front for several seconds. The Appellant’s path was clear up until that moment.
Additionally, the Appellant’s vehicle came to a stop in the box for three seconds at the most; that is insufficiently long to establish that a contravention has occurred.