Author Topic: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd  (Read 1521 times)

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Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #15 on: »
Here is my draft, I have included all points that are not subjective. Thanks Again everyone! :)


Dear Sir/Madam
Ref: PCN Number: GX09900630

My grounds of my appeal are that:
The contravention alleged by the Authority on the Penalty Charge Notice did not occur.

1. Paragraph 7(1) of Part II of Schedule 19 to the Traffic Signs Regulations and General Directions 2002 provides
that no person shall cause a vehicle to enter a box junction so that the vehicle has to stop within the box junction
due to the presence of stationary vehicle. The councils evidence does not show my vehicle entering the Yellow Box Junction. And the offence is completed at entry of the YBJ which is not shown. London Tribunal case 2130491073, 2160264616, 2230099245

2. The top left hand corner of the box does not meet the kerb line. In the absence of any special authorisation that this box is compliant with either diagram 1043 or 1044 of The Traffic Signs Regulations and General Directions 2002. Therefor this PCN is unenforceable. London Tribunal case: 2110069641, 2110138201

3. The PCN states I committed the offence at 17:26 whereas actually it must have been no later than 17:25, But this cannot be verified due to my entry not being on the CCTV.

4. The PCN states contravention code 31. However this is captured on CCTV so the code should be 31J.

The TSRGD 2002 has been updated by the TSRGD 2016 which, as I understand, has given more wiggle room around the placing of the box junction markings.  As such, I'd be inclined to remove point 2, for fear of giving an adjudicator the impression you are fishing and subconsciously turning them against your other arguments which (while they have merit) are also subjective and require the adjudicator to be on your side to prevail.  I note the two cases cited are from 2011 which is before the revised regulations came into force.

I also think the 31 vs 31J code argument is weak so have suggested removing (but you can reinstate if others think it's a potential winner)

Suggested redraft (wait for other comments)


Ref: PCN Number: GX09900630

I contend that the contravention alleged by the Authority on the Penalty Charge Notice did not occur.  My representations are as follows:

1. Under the relevant box junction regulations no person shall cause a vehicle to enter a box junction so that the vehicle has to stop within the box junction
due to the presence of stationary vehicles. I have reviewed TFL's video evidence and it does not show the moment my vehicle entered the box junction. There are numerous tribunal decisions which confirm it is a requirement for the video evidence to show the moment of entry into the box (including a key case on the London Tribunals website).  Further London Tribunal cases setting out this principle are 2130491073, 2160264616, 2230099245.

2. The PCN is required to state the grounds on which a penalty charge is payable.  To this end the PCN states the time the alleged offence was committed as 17:26.  Under the relevant box junction regulations, the offence is committed at the point of entry into the box (the actual offence is causing a vehicle to enter the box if it subsequently has to stop within the box junction due to the presence of stationary vehicles).  As set out in my first point, the video footage does now show my vehicle entering the box and so it is not possible to know the time the alleged offence occurred.  Taking the time stamp on TFL's own footage at face value all one can deduce is that the vehicle entered the box junction no later than 17:25 as it can already be seen within the box junction at this time.  As such the grounds stated on the PCN are shown to be incorrect by TFL's own evidence and the contravention as stated on the PCN clearly did not occur.
« Last Edit: October 09, 2023, 05:14:38 pm by MrChips »

Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #16 on: »
Thanks MrChips, I was mindful about about seemingly in their eyes I am throwing anything at the appeal to hope something is relevant.
I was reading more about the 31vs 31J and even saw an Adjudicator say it is the wrong code but it is minor and does not change the result. So yeah think that is probably a no go (I have tried finding it again to link but lost it sorry)

My mistake for using the outdated regs. I have been studying the new ones and they have greatly relaxed the code for the YBJ like you say. Although touching the Kerbs does not affect the shape I think this is where they might be able to argue a red route is allowed. Under chapter 5 8.4.1 ". It might also be appropriate for parts of the boundary line to be placed adjacent to the kerb at a road junction" I am not the best at understanding legislation but does that also look like touching the kerb is not required.


Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #17 on: »
Does anyone have anything further to add before submitting the appeal tomorrow?. So far I am just going to only use the two point MrChips recommends.

Thanks :)

Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #18 on: »
I would go with MrChips's draft.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #19 on: »
Just wish to update this and the council accepted my appeal! I am unsure if it was because of the time to process the appeal or the grounds either thanks everyone! Unfortunately I checked this because I got one again :(

11 January 2024Cancelled
The Penalty Charge Notice has been cancelled.

11 January 2024Representation Accepted
TfL has accepted a representation received for this PCN.

12 October 2023Representation submitted Under review
N/A

11 October 2023Email dispatched to: ******@gmail.com Subj Representation receipted
N/A

11 October 2023On Hold: SUS26 - Representation Received
N/A

Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #20 on: »
Good news, did you not receive the notice of acceptance?  If you did please post it up.

Start a new post for your new PCN.

Re: TFL YBJ Code 31 Battersea bridge Rd/ Battersea Church Rd
« Reply #21 on: »
No I haven't received anything, I had to check the web portal only way I found out. Should I have received something in the post?

And I shall do was just doing some research before I asked for help haha :)