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Previous Cases
Jennings v Transport
for London (PATAS case no. MV0285GT01)
Page 11 from the link details this case:
"The local authority issued a Penalty Charge
Notice, asserting that the vehicle entered
and stopped in a yellow box junction when
prohibited. The local authority relied on
contemporaneous videotape, which did show
the vehicle approaching the box junction and
substantially crossing it, so that the
vehicle could draw up at the lights beyond
the box as the first vehicle in the queue.
However, because of the length of the
vehicle, part of it was left in the yellow
box.
The Regulations provided 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”. The contravention
is only established when the subject vehicle
stops due to the presence of stationary
vehicles. In this case the vehicle stopped
in order to comply with a red light. The
contravention was therefore not established.
The Adjudicator was not satisfied that the
local authority had accurately asserted in
the Penalty Charge Notice the contravention.
The function of a Penalty Charge Notice was
to make an allegation so that the recipient
was aware of the allegation against them and
in a position to deny or accept it. Here the
local authority failed to assert an
essential element of the allegation, namely
that the vehicle stopped due to the presence
of stationary vehicles. Where there are
other reasons for stopping (as here) the
allegation was not made out. It was vital
that an allegation was correctly stated –
otherwise a recipient might well concede an
allegation where an essential element was
not made out"
Sheikh v London
Borough of Newham (PATAS Case no.
MV0071NE02)
In this case Mr Sheikh was in the right hand
lane which was blocked by stationary
vehicles. However the left hand lane was
free and he could've moved over, but chose
not to therefore his appeal was successful.
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Ealing
Council's Illegal Yellow Boxes
Six box junctions in Ealing were
deemed illegal by the DfT and
Parking And Traffic Appeals Service.
Yet still the arrogant officals at
Ealing carried on enforcing them.
Now they have been forced to remove
them and repay some motorists. More
information
here |
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Ticketfighter
helps reveal illegal box junction in
Leytonstone
"THOUSANDS of pounds in traffic
fines will be refunded by Waltham
Forest Council after the Government
said a controversial box junction
may have broken official
guidelines."
"A DfT spokesman said: "We have
offered a view that the road marking
may not meet the Traffic Signs and
General Directions 2002 because it
appears to overlap a cycle lane." |
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Place Invaders Ltd v
Transport for London (Parking
and Traffic Appeals Service ruling against
TfL)
"The terms of the prohibition refer to
causing the vehicle to enter the box. The
evidence produced by Transport for London in
support of its case does not, however, show
the entry of the vehicle into the box; it
commences later, when the vehicle is already
stopped in the box. It seems to me that in
order properly to consider whether the
contravention has occurred the video
recording needs to show the entry of the
vehicle into the box since that is the start
of the events that will or will not lead to
there being a contravention. In the absence
of this evidence, bearing in mind that the
burden is on Transport for London to prove
the contravention, I cannot find that it has
discharged this burden of proof. I
accordingly allow this appeal."
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Driver wins
yellow box junction challenge
"Dr Fielden, who works
at the Department of
Health, said it was
impossible to negotiate
the crossing in one
manoeuvre because the
phasing of traffic
lights forced drivers
into the junction. She
also said the lines
marking out the junction
were faded and difficult
to see.
This week, the
adjudicator agreed with
Dr Fielden, 46, of
Cheshunt, and quashed
one of her fines.
After studying
photographs of the
scene, he also said the
yellow box junction was
painted incorrectly as
it did not run right up
to the kerb."
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