Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: asm99 on July 20, 2025, 10:56:26 pm
-
Thank you for your input in this. How should the appeal be worded and do you have any opinion regarding the right-turn exemption?
-
For my understanding, are you saying that the wording of the letter means this is unenforceable?
Well, Camden cancelled a PCN because of a similar error. DNC.
-
For my understanding, are you saying that the wording of the letter means this is unenforceable?
-
TMA? I say Tribunal time.
https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg86653/#msg86653
-
The initial appeal was rejected. The rejection letter insists that the right turn exemption only applies when the vehicle is prevented from completing the right turn due to oncoming vehicles, which is not what the regulation says.
Any thoughts?
(https://i.imgur.com/Ski5OTD.jpeg)
(https://i.imgur.com/oHgKvMS.jpeg)
(https://i.imgur.com/RFuAItE.jpeg)
-
The time stopped is far too long for de minimis.
Looking back at the other case, I made the point about two lanes turning into one, which I think is a strong point.
Thanks. Should the two-to-one lane merger be argued with any specific wording? I've read Mr Mustard's analysis of this particular junction, how should this be included in the appeal?
This is the draft reply:
Dear Barnet Council
Re: AG49267842
I am challenging this PCN dated 16/07/2025 on the following grounds:
As per the TSRGD 2016, the prohibition of entering a yellow junction box doesn’t 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 another vehicle which is stationary whilst waiting to complete a right turn.
To further quote from the Highway Code:
“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 ... other vehicles waiting to turn right. Law TSRGD regs 10(1) & 29(2)”
“You can stop in a yellow box junction when turning right if you are prevented from turning by ... other vehicles waiting to turn right”
The video evidence shows that I entered the box junction for the purpose of turning right, and stopped in the box junction only for so long as I was waiting (less than 7 seconds) behind another vehicle which was stationary whilst waiting to complete the same right turn onto Regents Park Road. For this reason, I am requesting that this PCN be cancelled.
Additionally, there are two right-turn lanes on Nether Street joining a single lane on Regents Park Road. This has been raised in previous FOI requests to Barnet Council highlighting the impact this has on right-turns at this junction. There has been no modification to the road markings to reduce the incidences of right-turn vehicles having to stop within the box whilst waiting for vehicles ahead to complete the right turn, leading to PCNs incorrectly issued to vehicles which are exempt per the TSRGD regs.
I look forward to hearing from you.
Yours faithfully,
-
The time stopped is far too long for de minimis.
Looking back at the other case, I made the point about two lanes turning into one, which I think is a strong point.
-
Thanks for your responses; it seems the general opinion is that the right turn exemption may apply so it's worth appealing on this basis.
I have done some more reading of adjudicator decisions regarding yellow boxes and it seems there may also be a de minimis argument to be made on the basis that the vehicle was stationary within the box junction for just short of 7 seconds. I am aware that there is no minimum time, but it seems certain adjudicators have considered 7-8 seconds to be de minimis.
Is it worth including both arguments in the informal appeal?
-
I think this type of box junction contravention is a grey area as it can be hard to tell if a right turn exit is blocked before you enter the box...
Again I've seen it interpreted that the right turn exit must be clear before entering, but the turning right exemption explicitly says that part of the rule (i.e. paragraph one) does not apply in those circumstances.
-
However in this case the car in front may already have completed the right turn in which case it's academic!
but the van hadn't
-
I would have said the second limb makes it pretty clear it's not a contravention
TSRGD 2016 states "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."
I don't see any ambiguity there
-
I think this type of box junction contravention is a grey area as it can be hard to tell if a right turn exit is blocked before you enter the box so if in any doubt are you supposed to not enter the box to look, which would create a lot of blocks to traffic flow where these situations resolve quickly, but some of them don't...
Clearly it's not subject to the oncoming traffic exemption but as Mr Chips says a case can be made for the second limb of the exemption if read as exclusive from the first.
-
It often seems to be interpreted that way but (imo) if you read the exemption the way it's worded you have to be prevented from turning by oncoming traffic OR another vehicle waiting to complete a right turn. The latter is an alternative to the former.
However in this case the car in front may already have completed the right turn in which case it's academic!
-
I'm pretty sure right turn YBJ exemptions are against oncoming traffic. This junction is run by filtered light sequences so there is no oncoming traffic in the OPs instance. For example, It would be valid if coming from the North Finchley side (bottom left on the image) and wanting to turn right down Nether Street where OP came from. I can't cite sources but seem to remember coming across this when I previously appealed a 31J contravention
-
Out of interest, why do you consider the right turn exemption does not apply?
-
I know this junction well! Others may be able to dissect the PCN for inconsistencies but in terms of the contravention it unfortunately looks pretty clear. Although you are turning right against oncoming traffic, it is run by traffic lights. The box is painted visibly and perhaps a little awkward there is visibility to the right.
-
On 11/07, the vehicle was turning right through a yellow box junction but was not able to completely exit the box as the vehicles ahead hadn't completed the right hand turn. The Nether Street/Regents Park Road N3 junction is poorly laid out, with two right-turn lanes on Nether Street joining one lane on Regents Park Road. The PCN was received on 16/07.
TSRGD 2016 states "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."
Do you think this PCN is worth contesting with this argument?
There was another post on FTLA at the same box junction with the same argument made, but the poster had their informal appeal rejected and chose not to pursue it. https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barnet-31j-pcn/15/
Thank you!
(https://i.imgur.com/DUYOrts.jpeg)
(https://i.imgur.com/y2BP9n6.jpeg)
(https://i.imgur.com/NNi5Dzf.png)
(https://i.imgur.com/7aufYXy.png)
https://imgur.com/ZZV05fg (https://imgur.com/ZZV05fg)