PCN 31j Entering and stopping in a box junction

[1manteam]

Hello,

Could you help with this please? I've been sent a PCN for the above. There is no video and the images shown are 2-3 seconds apart, which I believe is de minimus? There doesn't appear to be any way of requesting whether video exists.

Location: Victoria Street/Thirelby Road in SW1

 

PCN.pdf

[Michael Browne]

Enter your pcn and reg no. to see video here:

Penalty Charge Notice

APPEALS-PARKRIGHT.WESTMINSTER.GOV.UK

 

[1manteam]

Thank you Michael,

 

I've been here and there are photos but no video footage available.

[Michael Browne]

Two still photos are meaningless. The video is the primary evidence which an adjudicator would rely on. Without seeing the entire clip you have no idea how 'de minimus' or not  the contravention was.

 

Suggest you phone Westminster and ask for the video.

[1manteam]

Ok, so the video only plays on a chrome browser.

I’m turning left into 2 lanes and the vehicles left and front block the flow and don’t enter the empty lane, so I’m stuck in the exit of the box. It’s 6:30am.

any hope for me?

[BazzaS]

The legislation provides a defence if you are turning right and the only thing preventing you from doing so is oncoming traffic (or other vehicles also turning right, who are themselves only prevented from doing so by oncoming traffic).

 

The legislation says the offence is stopping within the box junction. The highway code phrases it differently as "you MUST NOT  enter....."

This produces a potential grounds of appeal, but in the end the offence at law is stopping (not if the exit was clear and someone else's bad driving then caused you to stop......).

 

So, as you were turning left, I doubt an appeal will succeed, though (depending on the video, which we cant see), you might try arguing that your exit was clear (if it was!) when you entered (as per the Highway code), and other's driving then forced you to stop.

Or, if you didnt actually stop, but were just moving slowly throughout : then you appeal on those grounds. The first is a gamble, they might reject it. The second is an absolute defence (if true!).

 

If neither of those apply, and you are relying, instead, on the fact it was 6.30 am ; the time is irrelevant.

Edited November 8, 2022 by BazzaS