Free Traffic Legal Advice

TESCO effect
every little helps

Please be advised that a contravention is committed if any part of the vehicle including either the front/back wheels are stationary in the box regardless of the length of time involved.

A total mis-statement of the law, (as usual). Only if the driver enters the box and has to stop in it due to the presence of stationary vehicles, is a contravention committed.

Adjudicator went with my argument.

Case Details
Case reference   2250059378
Appellant   John Saxton
Authority   London Borough of Waltham Forest
VRM   KM69UJO
PCN Details
PCN   FR64089158
Contravention date   22 Nov 2024
Contravention time   15:12:00
Contravention location   Hoe St / Selborne Rd
Penalty amount   GBP 130.00
Contravention   Entering and stopping in a box junction
Referral date   -
Decision Date   02 Apr 2025
Adjudicator   Philippa Alderson
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice and the Enforcement Notice.

Reasons   
The Appellant is appealing a Penalty Charge Notice issued in respect of entering and stopping on a box junction at the location.
The matter is listed for a Teams hearing and the Appellant has attended the hearing.
The Enforcement Authority relies upon photographic capture of the incident, a copy of the PCN and correspondence.
The Appellant accepts that his vehicle stopped on the junction, but disputes that this was due to stationary traffic. He has submitted written representations and annotated photographic evidence in support of his appeal.
I have carefully considered all the evidence in this matter.
The Enforcement Authority's case is that the Appellant's vehicle entered the box junction and then stopped in the junction owing to stationary traffic impeding its exit from the box. Under Paragraph 11(1) in Part 7 of Schedule 9 to the Traffic Signs Regulations and General Directions 2016 a box junction marking conveys the prohibition that a person must not cause a vehicle to enter the box junction so that the vehicle has to stop within the box marking due to the presence of a stationary vehicle.
The CCTV evidence that the Authority has provided shows the vehicle turning left and entering the box junction. It is not readily evidence from the footage as to whether there was sufficient "receiving " space on the far side of the box, as contended by the Appellant, who has provided documentation relating to the length of his vehicle and the available space. However, as the vehicle slows to a halt, pedestrians to the right begin to cross the road ahead of the vehicle, followed by a person on a scooter. As the person on the scooter has almost reached the footway, another pedestrian crosses the carriageway from the other direction. As soon as this pedestrian is clear of the vehicle, the vehicle moves forward and off the box.
I cannot be satisfied that the reason for the vehicle coming to a halt was the presence of stationary traffic.
I therefore allow this appeal.