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#Post#: 68822--------------------------------------------------
PCN for being 40 cm in yellow box
DIR By: HateTFL
Date: April 26, 2025, 11:01 am
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This is pure explotation by the council
Is the blue car at fault for being a little in the yelloe box?
This is atrap - I appealed it as follows
As you will be aware, a box junction contravention only occurs
if a vehicle HAS TO [my emphasis] stop within the box junction
due to the presence of stationary vehicles. Put another way, if
there is sufficient room to exit the box junction (often
referred to as the exit being clear) then no contravention is
committed even if a vehicle stops with a part of the vehicle
within the box junction. In this instance, having reviewed the
footage there was 40 cm of space in front of the vehicle to
accommodate my vehicle. My vehicle (a mini) is small and on
this basis there was clearly sufficient room for my vehicle to
completely pass through the box junction. Accordingly I didn't
have to stop within the box junction (the vehicle only did so as
the driver was under a misapprehension they had already fully
cleared the junction).
Should you reject these representations please confirm that you
have carefully considered (and understood!) my point above by
explaining the basis for your belief that there was not space
for my vehicle (space beyond the box junction to the car in
front). You have a duty to act fairly, and a templated
statement that "the CCTV evidence confirms the vehicle entered
and stopped in the box junction without ensuring that the exit
was clear" without backing this statement up with precisely how
this has been "confirmed" will demonstrate that you have not
considered my representations in any way "carefully". The angle
of the video footage, and the resulting foreshortening effect,
makes it impossible to judge the distance left between my
vehicle and the car in front to the necessary degree of accuracy
simply from a cursory review of the video images.
Notwithstanding my main point, above, the level of incursion and
brevity of the stop within the box junction is so trivial as to
constitute de minimis in any event. Please see London Tribunal
decisions 2240537258 and 216036762A for guidelines of what is
considered a de minimis offence (i.e. a vehicle stopping with
only its back wheels on or within box junction markings, and/or
only for a few seconds).
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[attachment deleted by admin]
#Post#: 68825--------------------------------------------------
Re: PCN for being 40 cm in yellow box
DIR By: MrChips
Date: April 26, 2025, 11:39 am
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Very well drafted reps, even if I say so myself.
Can you post the video up please to allow us to check out the
state of play?
#Post#: 68959--------------------------------------------------
Re: PCN for being 40 cm in yellow box
DIR By: HateTFL
Date: April 28, 2025, 1:41 am
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The video was put here
HTML https://youtu.be/AwCfPx-R000
#Post#: 68972--------------------------------------------------
Re: PCN for being 40 cm in yellow box
DIR By: fraser.mitchell
Date: April 28, 2025, 4:02 am
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Video shows a large gap to the car in front, (about 1.5 metres,
I'd say). Plus the stop was minimal. A typical money-grubbing
PCN from this shameless council. Well worth taking it all the
way IMHO.
#Post#: 68974--------------------------------------------------
Re: PCN for being 40 cm in yellow box
DIR By: mrmustard
Date: April 28, 2025, 4:05 am
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I agree. All of the drivers were doing their best to comply and
taking a purposive approach there was ample room for vehicles to
exit/enter the side turning.
I think that most adjudicators would allow this Appeal but only
if you argue in person (video calls are now the norm). Don't
leave it to chance with a postal decision based upon the
paperwork alone.
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