Here we are:
Further information about the appeal: In accordance with the London Local Authorities and Transport for London Act 2003, my challenge is on the basis that the contravention did not occur as detailed in the points below.
1. According to “The Traffic Signs Regulations and General Directions 2016” “the location of the “box junction” means an area of the carriageway where the marking has been placed and which is
• (a) at a junction between two or more roads;
• (b) at a gyratory system or roundabout;
• (c) along a length of a two-way road (other than at a junction), the carriageway of which is not greater than 4.5 metres wide at its narrowest point; or
• (d) on the length of road adjacent to the vehicular entrance to the premises of a fire, police or ambulance station
However the box junction at this location on Blackwall Lane does not satisfy any of these conditions. (b), (c) and (d) clearly do not apply.
(a) is not applicable for the following reasons:
• As noted in the Location on the PCN itself, the junction is immediately outside a private business “Meantime Brewery”. As per a photo from Google Street view, this entrance is not a road, but rather the entrance to a business.
• Immediately behind the gate is an additional sign “No Public Access”
• In addition, the gate is locked at the time of the alleged offence, so this is not a road with public access and confirms the usage of this entrance as that to a private business.
• According to Section 192 of the road traffic 1988 a road has a definition of “any highway and any other road to which the public has access”. This is clearly an entrance to a deliveries yard, not a road. I've included an image of the closest turning, 'Mauritius Road', which looks like a road, is a road, and is sign posted as a road. Therefore it would be reasonable to expect a box junction there. It's not reasonable to expect one outside meantime brewery, which makes the existing box junction overly punitive, especially in the context of the offence, which was a slow but steady stream of traffic in the dark over a box in an extremely unusual location. This is not a junction, and should be marked with a Keep Clear sign. In the evidence provided, it can also be seen there is no street lighting, and the box, whilst visible from the camera, was not so from the ground
All this is less relevant however than the sheer fact that a yellow box can only legally be placed at a junction between two roads. The entrance to Meantime Brewery is locked with no public access, so clearly is not a public highway and therefore not a road. Schedule 9, Part 7, 11 (6) of the TSRGD 20016 sets out the permitted locations for yellow boxes. In addition Section 192 of the road traffic 1988 defines a "road" as: “any highway and any other road to which the public has access”. This location does not meet any of these criteria and it is thus an illegal yellow box.
3. The length of time when my car was stationary was precisely 6 seconds and given the entrance at this point on the carriageway was closed, no obstruction or possible obstruction took place. This length of stationary time and the fact no obstruction to other vehicles took place means this PCN is therefore not reasonable.
Regarding the 1st ground for appeal, the adjudicator in a PCN 2220655535 at Addiscombe Road, Croydon as detailed on the London Tribunals Environment and Traffic Adjudicators has noted that a junction with a private business/entrance does not quality as a junction under these regulations.
Regarding the 3rd ground for appeal, the adjudicator in a PCN 216036762A at Kingston Rd, Merton as detailed on the London Tribunals Environment and Traffic Adjudicators has noted that 7 or 8 seconds can just about be said to be nominal or de minimis and therefore not warranting a contravention.
In summary, this is clearly an illegally placed Yellow Box, and the PCN is both extremely punitive by the nature of no reasonable driver expecting it to be there, and unenforceable
That's what I've gone for - not a seasoned PCN pro but hopefully carries the weight of the argument! But not precious, and more than happy to replace with something worded better if you guys feel that would be stronger
