How long will you be away for? TFL usually take several days (1-2 weeks) to get it to you in the post. Any tribunal date is likely to be long after this so it's not an immediate concern. You will have to lodge your appeal before you see it. The photos don't look promising but the video is the proper evidence.
You need to ring them tomorrow morning to request it. It's not available online.
Thank you very much for the reply. I come back on the 17.04. Are you able to offer any advice on correct legal vocabulary to be used please?
I found this extract online about entering box junction in moving traffic. It includes the case where review states the person could not have predicted what will happen on the road ahead. what are your thoughts on this please?
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If, once you have entered the box, somebody takes your lane thereby causing you to have to stop within the box then you have grounds for appeal.
You cannot be expected to take account of another driver doing something which you cannot anticipate (or even see as in Orgil below).
See Orgil v LB Barnet London Tribunals case reference 2160413115.
Adjudicators decisions are not binding but Orgil follows that of Essoo v LB Barnet where the original decision to refuse was overtuned on review.
The key question is was what happened predictable?
Review said said:
In our view the Regulation, describing as it does a consequence that a vehicle has to stop in the box due to the presence of stationary vehicles, does not thereby impose a necessity upon a driver that he must wait outside the box to see if traffic ahead will become stationary before he decides to enter. The traffic may still be moving when s/he enters and yet a contravention still occur if the traffic stops thereafter. This is the driver’s risk in the judgment s/he exercises unless, as in Mr Essoo’s case, the driver could not have predicted the reason for the stopping of the vehicles ahead.
We have had regard to the relevant paragraph advising motorists in the Highway Code. The warning is “ You must not enter the box until your exit road or lane is clear.” However we are of the view that this steps rather beyond what is required by the Regulation. A driver may exercise a prediction in his judgment as to whether the exit space will be clear. He is not to blame if the exit is thereafter blocked by an unexpected event such as the intervening action of another vehicle cutting into his right of way without warning.
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