Author Topic: Daft adjudication decision  (Read 933 times)

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Re: Daft adjudication decision
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Even Michael Burke things this junction is unenforceable!

Case Details
Case reference   2260076001
Appellant   Alice Lauterjung
Authority   Royal Borough of Greenwich
VRM   HJ22PZL
PCN Details
PCN   GR24499695
Contravention date   07 Dec 2025
Contravention time   13:59:00
Contravention location   Blackwall Ln / Meantime Brewery
Penalty amount   GBP 160.00
Contravention   Entering and stopping in a box junction
Referral date   -
Decision Date   02 Jul 2026
Adjudicator   Michael Burke
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
The allegation in this case is entering and stopping in a box junction when prohibited on 07.12.25. The Appellant does not dispute this but asserts that the particular box junction is non-compliant in that it is not at a junction of 2 roads but at a junction between a road and the driveway of a brewery. She says that the latter is fenced or gated off on all sides and argues it is not therefore a ‘road to which the public have access’. She has provided photographs as supporting evidence. She also asserts that she saw the box junction late and would not have been able to judge whether the traffic ahead would require her to stop.

The enforcement camera evidence shows a poor piece of driving. The Appellant entered the box junction markings when the traffic ahead was already stopped and it was plain the vehicle immediately ahead would not leave sufficient available space for her to clear the box junction without stopping. She duly did have to stop with most of her vehicle in the box junction.

The Appellant could have had no reasonable complaint had she been required to pay a penalty charge. However, in order to enforce the Enforcement Authority would have to establish the box junction markings were placed at a junction between 2 roads. For these purposes ‘road’ is defined by s.142 Road Traffic Regulation Act 1984 as “any length of highway or of any other road to which the public has access”.

While the Enforcement Authority have provided evidence that Google appear to view this as the entrance to Telcon Rd., there are gates across the entrance. I have considered Google Streetview itself which shows the position in October 2024 when it appears those gates were locked with a chain. In addition at the time of the alleged contravention there appear to have been additional hoardings in place. On the evidence I have seen I do not feel able to say I am satisfied the Enforcement Authority have established this was a road to which the public had access and accordingly I allow the appeal.
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