Free Traffic Legal Advice

Started this one on Pepipoo for a friend.






GSV Blake Hall Road

Cutting long story short and due to time constraints this is the reps submitted on 25th July.

Key points are vague location 'Cambridge Park' and box extends outside the confines of the 'junction'

Credit to Mr Chips for crafting it.

I submit representations against this PCN on the following grounds.

A PCN is required to state the grounds on which the authority believes a charge is payable, and this has been held to require not only the nature of the alleged contravention but also the location where the allegation is said to have taken place. The location of the contravention simply states "Cambridge Park", but there are several road junctions along Cambridge Park and it is not possible to determine from the PCN where exactly the contravention is said to have occurred.

Further, from looking at the video footage supplied it is clear that the markings of the box junction extend far beyond the junction with the road from where my vehicle is seen turning. Under the TSRGD 2016, a box junction means an area of the carriageway where the marking has been placed and which is at a junction between two or more roads.

By inspection, it is clear the point my vehicle came to rest is beyond the natural confines of the junction. This view was shared by adjudicator Andrew Harman in case 2230267259 (taken from London Tribunals statutory register).

In my case, this is further supported by the fact the car in front (behind which my vehicle stops) has long since completed its right turn (if it hadn't I also would not be committing a contravention as I would have entered the box junction for the purpose of turning right and would have been waiting in the box behind a vehicle waiting to complete a right turn out of the box).

The following image from google maps taken from the spot where my vehicle stops further illustrates this point:

GSV from point vehicle stopped

For both these reasons, it follows that the PCN should not be enforced and must be cancelled.

Yours faithfully,

I can see online that the reps were rejected. It's offering the discount.

I need to get hold of the rejection letter to see why they've rejected. Nice little earner for Redbridge based on other recent posts.

It is a problem junction, mainly for cars turning right from Cambridge Park into Blake Hall Road.

Got the anticipated rejection.

They have not addressed the vague location challenge - failure to consider?

Sides of the box at right angles to the flow of traffic?? What are they talking about??

They have not addressed the grounds that the box extends beyond the junction - is that another failure to consider?

OP, the choice is yours as to whether to take the discount or appeal.

IMO, your strongest grounds are wrapped up in the issue of the box not being at a junction:

1. You came to a stop within the markings only because they extend too far;
2. The extent of the markings is not apparent from your approach because the stop line for cars at the traffic lights in Blake Hall Road has been set back to accommodate a 'cycles only' box and shrubbery obscures the extent of the markings. It is reasonable for a motorist to presume that the markings would comply with regulations and not extend beyond the limits of the junction which taking even the most generous position would equate to an extension of the back line of the footway in BHR and not as here for a further 50ft.

Some thoughts should you decide to continue. 

There is definitely a failure to consider on vague locus, and importantly it's a complete failure to consider so it meets the threshold of Halton Borough Council, R (On the Application Of) v Road User Charging Adjudicators [2023] EWHC 303 (Admin).

As above, your choice is fundamentally to either take the discount, or pursue an appeal.

What I will add is that Redbridge seems to be struggling to put evidence packs together at the moment, it might be that they're short staffed. If there's no evidence pack from the council, you win by default as there would be no evidence of any contravention.

Let us know what you decide to do.

no recent cases but this one was heard by chan 2180001857
and this one by teper 217057585A

Take everything to tribunal you never know which adjudicator you will get and which point they may pick up on

You can just register the appeal with "The appellant relies on his formal representations" and keep you powder dry for when the council's evidence pack comes through.