Free Traffic Legal Advice

Hi,

This is the first PCN I've received and I feel really annoyed as morally, I don't think I have done anything wrong! My appeal has been rejected, I am nearing the end of the 28 day period (letter dated 3rd December) and I wonder whether it is worth an independent appeal or whether I should just give in and pay.

The contravention is 31J, entering and stopping in a box junction when prohibited.
PCN number: PV30346121
VRM: P11XDL

The circumstance is that I was entering onto the road from a perpendicular junction (doctor's surgery), and had to cross a carriageway to get to the side of the road where the box junction was. It was a busy road, I'd been waiting ages and finally there was a break in the traffic. I drive a Ford Smax (7 seater) so it is a long vehicle. The traffic was free flowing on the far side (someone had let me out) when I committed to the maneuver, but due to the lane splitting at the other end of the yellow box junction and a set of traffic lights, after I had started to cross the road, I could see that the traffic was coming to a standstill. The car ahead of me stopped at the far end of the box junction (literally just outside of it). So, as I was now halfway across the road, I moved into 'my' carriageway so that I wasn't blocking oncoming traffic.

From my view inside the car, I thought that I hadn't entered the box junction. My car was still at an angle as the turning circle is such that I hadn't been able to straighten my car up before I had reached what I thought was the start of the box junction. To my left, there was a sign warning cars not to enter the box junction unless clear. This sign was at the boundary to the fire station and my bonnet was in line with this sign (little did I know that the yellow box extended about half a meter before where this sign is positioned). Therefore, I fully believed that I had not entered the box junction and I was in no way obstructing the fire station as my car had not passed the station boundary nor where this warning sign is positioned.

I waited in this position until the traffic lights changed and the traffic up ahead started moving again. I was really shocked to receive this PCN through the post as quite clearly if I had intended on driving into the yellow box then I wouldn't have immediately stopped my car when I did, but the exact opposite was true; I was trying not to be in it.

They have provided video evidence that proves all of the above , i.e., you can see that I have started to move out into the carriageway while the traffic was still free flowing - and the yellow box is really quite long, so I am having to make predictions of several drivers' decisions up ahead of me. I conscientiously stopped in a position that didn't obstruct the fire station at all, nor did it obstruct the other carriageway. I think they're in a privileged position with a birds eye camera view as I didn't think I was in the yellow box.

Do I have a case here to proceed or shall I just pay the fine? Any advice welcome! (TIA)

I've shared the decision reasons. Please note they have recorded the contravention date wrong here as 25 October when it was actually 13th Nov - they have it correct on the front page).
Google street view link: https://maps.app.goo.gl/84tXTjEhYNKri6hM9
@cp8759

I have uploaded the PCN and video footage here:



















https://i.imgur.com/ub3v5CY.mp4

Thanks John (@cp8759) - I'm not the most computer savvy so hopefully have done everything required now?!

I created an Imgur post and used the 'copy link' function. I can see it in my original post but I guess you can't. I have copied the weblink address and pasted that - does that work for you? Thanks.

I can see the video in your link.  Just heading out for a walk but will comment more later.  This looks like a technical contravention but very marginal and really should be a case of de minimis particularly as you are clearly trying to keep the other lane clear and stop right at the start of the box where you are not in any way blocking the exit to the fire station.

We still need to see the PCN and your representations.

As others have said, we have the notice of rejection but we need to see the original PCN.  Hampshire haven't been issuing these for moving traffic offences very long so good chance they contain errors Vs the statutory requirements.

That date inconsistency you mentioned sounds interesting.  The video shows a date or 25 October - are you saying it's from a different date?

@dapm2025 you have arguable grounds to appeal, the grounds stated on the PCN and the council website are both wrong.

On the PCN point, see Divya Shetty v Swindon Borough Council (SI00031-2411, 11 December 2024).

On the website point we have a plethora of decisions, the most recent from the TPT being Gouri Shanker Chandel v City of Bradford Metropolitan District Council (BQ00191-2408, 9 October 2024).

Throw in a de-minimis argument and you probably have enough to warrant carrying on, but obviously the outcome cannot be guaranteed and it is possible another adjudicator might go the other way, as there have been a few adverse decisions (though they're a minority).

I'll drop you a PM if you'd like me to represent you.

The council contested the appeal, so I put in a skeleton argument based on de-minimis, the vehicle not being forced to stop, the box being too long and the wrong ground for representations being printed on the enforcement notice, and suddenly the council decided they didn't want to play any more, outcome here.