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Messages - meaty

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Quite amazing that they are referencing the 2002 TSRGD in their Notice of rejection when the latest TSRGD is 2016. Really shows they have no clue. In addition they don't quote from it but rather paraphrase incorrectly.

2
Thanks all.

There is a helpful website which actually has a pretty perfect photograph of the exact junction in question, gate and all, which I've included in my appeal for review: https://www.yellowboxes.co.uk/1-the-box
Yes that's my site and I took that photo  :)

Personally I would not have referenced the croydon case. I've seen adjudicators use other references as an excuse to refuse because it's different.

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I am just wondering what to write and how to phrase, as the review criteria seem very specific.
Please see below. Add a photo of the gate with the yellow box if not already clear. Was the gate closed when you got your ticket? Use template at link below. I have emailed review request to them in the past
https://www.londontribunals.gov.uk/ruc/your-hearing/i-dont-agree-ruca-adjudicators-decision-what-can-i-do

I am requesting a review in the interest of justice. The adjudicator failed to address and consider the very specific fact that the second alleged "road" is private and gated and the public does not have access. It is therefore not a "road" as per the RTA 1988 definition and the yellow box is not in a permited location. I quote below some legal cases that further confirm this viewpoint. There is no information/detail as to how the adjudicator came to his conclusion. TfL also failed to provide any evidence that it is a "road" to which the public have access.

https://www.londondrinkdrivingsolicitor.co.uk/-What-is-a-road-anyway
"Mrs Justice Rafferty held in Hallett v DPP that the presence of a sign or barrier lends weight to a claim that the land is open only to a special class of the public and thus that it is not a road to which the public has access."

"The Divisional Court, presided over by Lord Widgery, heard the case of Deacon v AT (A Minor) and concluded that the land must be open to the public in general and not merely a special class of the public, such as residents or visitors."

4
Alas, yes, an in person (or on the phone) appeal would have helped here as there's nothing in the text below which guides the adjudicator as to why you think the road doesn't meet the legal definition
I find it unbelievable that these adjudicators who are supposed to be the experts need to be led by lay people. Is there anything in their remit that says they must put on blinkers and only look at what they've been told? They should check the legality of every box as part of a standard process regardless of whether or not it is raised in the appeal.
Well, sorry, but they are adjudicators, so must only deal with the evidence presented to them by the two parties. That's the way it works, and is intended to work, so if there is a next time, come on here and never, ever, go for an adjudication on papers-only basis.
Wasn't me doing the appeal. How do you know this is the way it is intended to work? Do you have a link to their terms of reference or job description that says this? Its not "evidence" that's the issue. The "evidence" of an illegal box is staring them in the face, its the fact they refuse to consider or check it unless a lay motorist raises it. I saw the same for years at the illegal box outside camberwell bus garage.

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Alas, yes, an in person (or on the phone) appeal would have helped here as there's nothing in the text below which guides the adjudicator as to why you think the road doesn't meet the legal definition
I find it unbelievable that these adjudicators who are supposed to be the experts need to be led by lay people. Is there anything in their remit that says they must put on blinkers and only look at what they've been told? They should check the legality of every box as part of a standard process regardless of whether or not it is raised in the appeal.

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Agreed, the public clearly does not have access to a private gated road. No evidence that point was considered.

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Many thanks for your reply, can you plz guide me what should I do to fight this all the way. I don’t care if the penalty increases or they refuse my appeal.
Some text for appeal:

Paragraph 11, part 7 of The Traffic Signs Regulations and General Directions (TSRGD) 2016 states 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.”. When I entered the box there was space to receive my vehicle on the exit of the box, however, as stated in my original appeal and shown in the video, it was taken by another vehicle unexpectedly changing lanes.

In addition schedule 1 (7)(a) of London Local Authorities and Transport for London Act 2003 specifies that the authority must consider representations made. The notice of rejection does not specifically address the points I made which shows they have failed to comply with this.

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