Free Traffic Legal Advice

Hello everyone,

In hindsight I should have come to this forum when I 1st received my PCN. I have challenged it myself and on Friday received the Traffic Penalty Tribunal notice that I had won. Unfortunately the council have raised a review and I now need to submit my submission to the review request and need your help.

The box in question is outside a fire station, the incident happened on a Saturday evening and the roads were quiet. I followed the vehicle in front of me who then stopped to turn right just outside of the box junction, I was also turning right but was caught in the box.


A couple of points I have noticed since going through the appeal is that the PCN notice states Easthapstead Road Westbound (I was travelling Eastbound) also on the left hand side (within the box) are restricted loading kerb markers and a sign that states the loading times. Probably not relevant but thought this was interesting.


My submission to the Tribunal below

I was driving my vehicle to a car park which is the right turning I made just passed the end of the box junction markings. The traffic on the main road was clear entirely. I was following a moving vehicle at the time of entry into the box junction who was also making a right turn into the same car park.
My appeal is based on my initial submission to Wokingham Borough Council and I include some of there responses to my submission.
Under the reasons for rejection it is stated ' This Penalty Charge Notice (PCN) was issued by one of out camera enforcement operators because they observed and recorded the vehicle moving onto and stopping on a 'Box Junction' without the exit lane being clear, due to stationary traffic ahead of the vehicle' It is clear from the video evidence provided on the PNC that there was no stationary traffic ahead of me at the point of entry into the Box Junction. The vehicle in front became stationary once it was waiting to make a right turn for which it had to wait for oncoming traffic to clear.
I also included in my representation that I was at the time of stopping in the box junction I was making a right hand turn and therefore the following exception applied Traffic Signs Regulations and General Directions 2002, Schedule 19 Part 2 paragraph 7
2)The prohibition in sub-paragraph (1) does not apply to any person

(a) who causes a vehicle to enter the box junction (other than a box junction at a roundabout) for the purpose of turning right: and

(b) stops it within the box junction for so long as it is prevented from completing the right turn by oncoming vehicles or other vehicles which are stationary whilst waiting to complete a right turn.
The right hand turn although outside of the area of the box junction is approx. 1 car length from the markings. I believe that the above still applied to the action I was taking at the time.
I would also like to add that the night time conditions and a wet road meant the box junction was not visible from the driving position with the reflection of the street lamps on the road. I was not aware of the box junction until I had received the PCN.

Adjudicator's reasons
1.  Mr Fisher explained that he drove into the box junction to make a right turn. He followed another vehicle also turning right.
2.  The Council’s video establishes that Mr Fisher’s car entered the box junction when its exit route was not clear. It was indicating right. The car in front left the box junction, having indicated right and turned right just ahead of the junction. Mr Fisher’s car began to make a right turn although the video ended before it was possible to see whether the right turn was completed.
3.  The Council explained that the right turn was not on the box junction. Any right turn exemption could not apply.
4.  From viewing the video and the plans, which do not include a scale, the right turn is immediately beyond the box junction. There is insufficient space to start and complete the right turn by starting beyond the box junction.
5.  https://www.legislation.gov.uk/uksi/2016/362/schedule/9 provides:
‘Box junctions
11.—(1) Subject to sub-paragraphs (2), (3) and (4), the yellow criss-cross marking provided for at item 25 of the sign table in Part 6 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 junction due to the presence of stationary vehicles.
(2) Subject to sub-paragraph (4) the marking when placed as a box junction within sub-paragraph (6)(c) of the definition of that expression 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 junction due to the presence of oncoming vehicles or other stationary vehicles beyond the box junction.
(3) The prohibition in sub-paragraph (1) does not, in respect of a box junction within sub-paragraph (6)(a) of the definition of that expression, apply to a person who—
(a)causes a vehicle to enter the box junction for the purpose of turning right; and
(b)stops the vehicle within the box junction for so long as the vehicle is prevented from completing the right turn by an oncoming vehicle or other vehicle which is stationary whilst waiting to complete a right turn.’
6.  This provision does not state that the right turn must be on the box junction.
7.  The Highway Code https://www.gov.uk/guidance/the-highway-code/using-the-road-159-to-203 provides ‘ Rule 174
Box junctions. These have criss-cross yellow lines painted on the road (see ‘Road markings’). You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right.’
8.  Given the location of the right turn, there was no means of access to the turning point and location from which the turn could be made, other than by entry to  the box junction.
9.  The car entered the box junction to turn right and had to stop as the car ahead was turning right.
10. The exception applies.
11. The appeal is allowed.

Authority reasons for review
We have, on previous occasions, been informed by Adjudicators that the right turn occurring outside of the yellow box junction is not an exception and should therefore be an enforced PCN. Please see case CW00074-2409 Closed - Dismissed (R), this was dismissed by Adjudicator Halliwell with the explanation below 11. There is no dispute that Mr Dodd was indicating and intended to take a right turn at a junction which lay ahead but outside of the box junction; and that one (or more) of the vehicles ahead was waiting to turn right into that junction, and waiting for an oncoming vehicle, which contributed to there being no means of exit to Mr Dodd’s vehicle. 12. I find that the exemption for vehicles seeking to turn right is intended to apply only where the right hand turn junction itself is positioned within the box junction. I consider the purpose of the exemption to be to avoid pressure being placed upon drivers entering and turning right from taking risks in seeking to cross in front of oncoming traffic when it was not safe to do so in order to avoid coming to a halt within the box junction. The same risk/mischief would not arise (and the same exemption is not required) in relation to a junction or turning to the right which itself is located outside of the area covered box junction. This case was then reviewed by Adjudicator Hamilton where they explain the following Mr Dodd further refers to turning right after the junction, but this is not relevant, as already indicated by the appeal adjudicator at paragraphs 11 and 12 of the written determination. I do appreciate Adjudicator Hoare's reasons for reaching their decision, however, I dispute the points 8 and 9 of the decision. Both due to the previous decisions reached and that I believe, should the driver have stopped prior to the box and awaited a clear exit, they could then clear the box and make their right turn without having need to stop within it, there is adequate space for one vehicle to wait to turn right outside of the box, the exemption therefore should not apply.



I would be really grateful for any assistance you can give me here. If you are able to advice on how I should respond and also any reference cases relating to right turns outside of a box junction.

Many thanks
Oliver

thanks for the response. I have done a little more digging and would really like a view on the below

I double checked the length of the box against the plans online and these look to match, however, when Wokingham Borough Council applied for the moving traffic enforcement powers the application states the below

6. SITE REVIEW AND DESIGN
6.1. In line with the DfT guidance, Wokingham Borough Council reviewed all 11 shortlisted sites
proposed for moving traffic enforcement to ensure that all sites had regulatory signs and
lines which complied with existing regulations.
6.2. Any amendments which were identified were recorded and proposed to be corrected and
updated before any enforcement commences.

Having looked into the council meeting approved minutes the site plans are included and show the below



the fact that the layout has not been changed to the proposal, does this give me any further challenge?

Is there more to the Council's review application than you have quoted in your opening post? If there is then please let's see all of it, just redact your name and address and email address where present.

Either side can request a review however the grounds to do so are limited and must be stated in full in the application. Regulation is here and below.

The Council can't just request a review because they don't like the decision and "an adjudicator's findings of fact are normally regarded as final and will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator".

It seems to me arguable that the Council haven't made a case that one or more of the grounds actually apply or how they apply. They've made a case disagreeing with the findings of fact. And nor have they stated their ground(s) in full.

Review of adjudicator’s decision
12.—(1) The adjudicator may, on the application of a party, review—

(a)any decision not to grant an extension of the period of time for bringing an appeal, or

(b)any decision to determine that a notice of appeal does not accord with paragraph 2 or to dismiss or allow an appeal, or any decision as to costs, on one or more of the following grounds—

(i)the decision was wrongly made as the result of an administrative error;

(ii)the adjudicator was wrong to reject the notice of appeal;

(iii)a party who failed to appear or be represented at a hearing had good and sufficient reason for failing to appear;

(iv)where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not reasonably have been known or foreseen;

(v)where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not reasonably have been known or foreseen;

(vi)the interests of justice require such a review.

(2) An application under sub-paragraph (1) must—

(a)be delivered to the proper officer within the period of 14 days beginning with the date on which the copy of the entry in the register is served on the parties, and

(b)state the grounds in full.

The PCN is dated the 16/01/2025 and it's already got through Representation, Notice of Rejection, an appeal hearing held and an application for review. That's very quick.

Thanks for the responses on this.

The below is from the portal and shows the full application for review from the Council.



Based on what has been suggested so far would you respond that there are no grounds for review?

Thanks
Oliver

Anyone able to advice at all on what I respond back to the tribunal with? Thanks

Wokingham is asking the tribunal to review the decision not you!

You'll have to be patient and see what happens.