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#Post#: 19417--------------------------------------------------
31J - Yellow box junction - Cambridge Park
DIR By: Gulley53
Date: April 9, 2024, 6:39 pm
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Hi everyone,
Would be grateful for advice on an appeal here.
PCN Page 1:
HTML https://ibb.co/d5M0KF9
PCN Page 2:
HTML https://ibb.co/4phnt7q
Council video:
HTML https://www.youtube.com/watch?v=qOoefebZGnI
I believe this should fall under the right turn exemption. The
driver has clearly entered the YBJ with the intention of making
a right turn - and eventually forced to stop by the white van in
front. The van is free to move at around 6 seconds into the
video however, at this point the crossing is green for
pedestrians so they remain stationary. Would this be justifiable
exemption to why the vehicle remained in the box?
The other clear issue is that the video does not show the moment
of entry and hence, it is impossible to determine from the video
evidence, whether the exit was clear at the point of entering
the YBJ.
Looking at similar threads on 31J, I have drafted the following
appeal and would be grateful if it could be critiqued before I
submit:
I am writing to appeal the recently issued Penalty Charge Notice
(PCN) XXXXXXXXXX, relating to an alleged traffic violation
committed with my vehicle registration XXX XXXX.
Firstly, I draw your attention to the absence of clear and
complete evidence. The provided footage does not show my vehicle
as it enters the box junction. For an enforcement decision to be
fair, all relevant evidence including the moment of entrance
into the junction should be reviewed. Such evidence is vital to
establish the incident's context and determine whether a
contravention occurred.
Secondly, my vehicle has entered the box junction with the
purpose of turning right:
The box junction prohibition is contained in the Traffic Signs
Regulations and General Directions 2002, Schedule 19 Part 2
paragraph 7. This provides as follows.
"(1)Except when placed in the circumstances described in
paragraph 8, [box junctions] shall each convey the prohibition
that no person shall 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)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."
Regarding the above exemption for entering the box junction when
turning right, it is essential to clarify that this allowance
applies when a vehicle is stopped by oncoming traffic or by
other vehicles waiting to turn right. In my case, the footage
does not categorically dispute this condition. I entered the
junction for the purpose of turning right, believing the exit
path to be clear. Therefore, I argue that it is not justifiable
to assert that I should have foreseen, during my entry, that my
exit would be blocked.
I further bring a collateral challenge on the basis that the PCN
is unenforceable because the taken without consent ground
clearly fetters to theft by its very wording that a crime report
be provided. Therefore, this inaccurate reflection of the
statutory ground does not take into account that a relative, or
friend, may have taken the vehicle without the owner's
permission so that the owner would not necessarily, if at all,
report the matter to the Police in such circumstances.
Lastly, The PCN is deficient in that it does not provide
information about the location of the box junction other than
stating it is in Cambridge Park which we can see from maps is a
long road.
Therefore, I respectfully request that my representation be
reconsidered, taking into account the points raised above and
that the PCN be invalidated.
Many thanks in advance
#Post#: 19428--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: Pastmybest
Date: April 10, 2024, 4:41 am
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Firstly the video does not show you entering the box. and even
then you did so in order to turn right. No one knows if when you
entered you were prevented from making the right turn by
oncoming vehicles
Lets see the response to your reps when you get it this is very
winnable
#Post#: 19460--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: Hippocrates
Date: April 10, 2024, 3:15 pm
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Indeed.
I was the representative.
HTML https://drive.google.com/file/d/1fi1T7AgBgay2iAXBLuLTDyDrO8p1yXB5/view
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/kingston-borough-council-31j-stopping-in-a-box-junction-(richmond-road-junction-/msg18765/#msg18765
#Post#: 19694--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: ivanleo
Date: April 14, 2024, 3:01 pm
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I think your draft is fine as it is, they'll reject no matter
what you say but there's plenty to go on at the tribunal. Maybe
Hippocrates will offer to represent you.
#Post#: 19725--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: Hippocrates
Date: April 15, 2024, 4:42 am
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The Greek doctor is available. ;)
#Post#: 20143--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: ivanleo
Date: April 21, 2024, 8:00 am
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[member=1481]Gulley53[/member] with a case like this and
Hippocrates representing you, it should be an easy win at the
tribunal.
#Post#: 23617--------------------------------------------------
Re: 31J - Yellow box junction - Cambridge Park
DIR By: Gulley53
Date: May 22, 2024, 4:48 pm
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Hi [member=1]cp8759[/member] and [member=24]Hippocrates[/member]
- thank you for the responses and apologies for the delayed
reply. As predicted the council have rejected my appeal.
I was awaiting a repsonse via email but they posted it to me - I
have been so snowed under with work recently that I missed the
letter, and only have about 1 week now to submit my appeal to
the London tribunal. I will update the thread tomorrow with a
copy of the rejection letter.
Dear [member=24]Hippocrates[/member] - thank you for the offer
to represent me, I would happily take you up on that, many
thanks. Typically, should my appeal to the tribunal be a repeat
of the appeal text I posted above, is there any further info I
need to add?
Many thanks in advance
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