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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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