Penalty Notice Yellow Box Junction Road Works Ahead

karoloydi

Hi,

I wanted to double check if it's worth appealing this.
I received PCN for Entering and Stopping in a Box Junction When Prohibited. Contravention Code 31J from Havering Council.
I entered the yellow box junction, when there was no traffic ahead of me to go straight. As I was entering, I noticed the ROAD WORKS AHEAD sign which was at the end of the box junction. I stopped for approximately 1 or 2 seconds and then turned left instead. There were no cars behind me, so I didn't affect anyone. I was actually the only car on the road at that time.
Is this worth appealing? If yes, what kind of legal language can I use?

Iceweasel

Disputing with who?
Did you get a ticket?

karoloydi

Iceweasel said:

Disputing with who?
Did you get a ticket?

Sorry, my bad. I updated my original post. I got a PCN from the council.

dumpster_fire2025

karoloydi said:

Hi,

I wanted to double check if it's worth disputing this.
I entered the yellow box junction, when there was no traffic ahead of me to go straight. As I was entering, I noticed the ROAD WORKS AHEAD sign which was at the end of the box junction. I stopped for approximately 1 or 2 seconds and then turned left instead. There were no cars behind me, so I didn't affect anyone. I was actually the only car on the road at that time.
Is this worth disputing?

If your exit was clear, it is irrelevant that you stopped in the junction. People turning right for example can perfectly legally stop in a box junction whilst they wait for a gap in the oncoming traffic IF their exit is clear.

The law says 

Except when placed in the circumstances described in paragraph 8, the road markings shown in diagrams 1043 and 1044 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.

The Highway Code says

Rule 174
Box junctions. These have criss-cross yellow lines painted on the road (see ‘Road markings’). You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right. At signalled roundabouts you MUST NOT enter the box unless you can cross over it completely without stopping.

There is no rule against stopping in a yellow box if your exit is clear.

Jenni_D

That sign says Road Ahead Closed ... there was nothing stopping you proceeding through the box junction and then doing a U-turn further up.

Pay the discounted penalty ... unless there's a procedural issue with how the PCN was issued then you've nothing to appeal.

daveyjp

I would appeal.  As your exit was clear you have not committed any offence by stopping in the box. 

paul_c123

Yeah definitely appeal it, the simple rule is "do not enter unless your exit is clear", which yours clearly was.

Okell

paul_c123 said:

Yeah definitely appeal it, the simple rule is "do not enter unless your exit is clear", which yours clearly was.

That simple rule is misleading.

Despite what the Highway code says - ie "You MUST NOT enter the box until your exit road or lane is clear" Rule 174 - it is not a moving traffic offence to do so.

It is only an offence if you stop in a box junction due to the presence of stationary vehicles.

It's quite possible to enter the box when your exit was clear only to find it subsequently blocked by other vehicles who have swapped lanes or entered from a side road and stopped.

In this case there were no other vehicles - stationary or otherwise - so there is no infringement and the OP should contest it all the way.

If the OP wants further confirmation they can post on FTLA:  Civil penalty charge notices (Councils, TFL and so on)

jimbo6977

The offence is, iirc, defines as causing a vehicle to enter the box when the exit is not clear. In this instance there was (as far as anyone can tell from the evidence) a clear exit at the moment when the vehicle was caused to enter, so no offence has been committed in respect of the yellow box. 

Bigphil1474

"Contravention 31 - Entering and stopping in a box junction when prohibited.

You should wait for your exit space to become free before crossing the box junction markings. Suffix J stands for enforced by CCTV."

Advise them you weren't prohibited so no contravention 31. There'll be some computer software that sends a ticket out every time a car stops in that box, some will be wrong.

Jenni_D

If that's the "get out" route then it looks like there's a gaping hole in the legislation; did "Mr. Loophole" devise this? 😁