Yellow Box Guru PCN Appeal Wizard

Yellow Box Guru Appeal Wizard
YesNo

YesNo
No - Access to DVD player
I wish to formally appeal this PCN on the following grounds. I expect you to issue a formal notice of rejection or acceptance in response to this please. Please note again - this not an enquiry - it is a representation and should be treated as such. Do not ask me for "more evidence" as I understand you are now doing as part of a dirty tricks campaign to avoid London tribunals. 

The only evidence of the offence is the video. You have failed to provide me with or give me access to the video in electronic format as every other authority in the country does. When I called your customer services I was told that you will only provide me with a DVD. I do not own or have access to a DVD player it is an obsolete household format and no laptops now have DVD players. Please see case reference 225000538A which upheld an appeal on the same grounds which I quote below. You have a duty under civil proceedings to disclose evidence in an accesible format to me in advance of a hearing and failure to do so is a deliberate obstruction of justice. Please note that any offer to visit your office to view the footage would also be unacceptable as I need to share it with legal experts electronically to get advice and I work full time. In addition a quick view is not acceptable I want to spend my time reviewing it at my leisure. Please also note my local library does not have DVD players. 

225000538A Andrew Robert Dragoni-Long v Transport for London
"The enforcement authority is in my view under a duty to provide or make available all of its evidence to an appellant, in an accessible form, in good time for the hearing, in order that they might prepare their case in response.
The appellant said, and I accepted, that he had been unable to view the footage.
He said that although the authority had sent him a dvd of it he could not play that dvd because he did not have a dvd player.
Very few people these days do.
All enforcement authorities in London, apart from TfL, provide online access to video footage.
In the absence of this essential evidence in the case not being accessible to the appellant prior to the hearing I was satisfied that he was potentially prejudiced in the conduct of his appeal. It was, accordingly, allowed"

Call TfL customer sevices and ask for the DVD. Come back and complete this form once you have it.

YesNo

YesNo
No - traffic lights
Schedule 9, Part 9, Point 9 of the TSRGD 2016 states: "The road marking must not be placed on an area of carriageway at a gyratory system or roundabout unless entry of traffic into that area of carriageway is at all times controlled by traffic light signals." This site is not controlled by traffic light signals. It is thus an illegal yellow box.

YesNo
No - box at junction
Schedule 9, Part 7, 11 (6) of the TSRGD 20016 sets out the permitted locations for yellow boxes. This location does not meet that any of those criteria. It is thus an illegal yellow box and the circumstances of the stop are irrelevant.

You need the video to answer the following questions. It can usually be found online as a "play button" or as the last image. If you don't have it you or it doesn't work you will need to contact the authority and ask for it then come back and complete this form

YesNo
Yes - video start
The video does not show me entering the box, it starts after I am already in the box. There are many case references of appeals allowed on the basis the videos does not show entry from London Tribunals including 2240040646, 2230325504, 2220879113, 2220938857, 2220844855, 2220736218, 2210892385, 2220279932 and 2140459984

YesNo
No - is it clear from the video
The offence is set out in Schedule 9, Part 7, Paragraph 11 of The Traffic Signs Regulations and General Directions (TSRGD) 2016: 
 
“a person must not 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.”

There is no evidence from the video that my car actually stopped, Thus no offence and I trust the PCN will be cancelled.

YesNo
No - were there stationary vehicle on the exit
The offence is set out in Schedule 9, Part 7, Paragraph 11 of The Traffic Signs Regulations and General Directions (TSRGD) 2016: 
“a person must not 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.”
I did not stop due to stationary vehicles, thus no offence

YesNo
Yes - right turn exemption applies
The right turn exemption applies in my case as per the TSRGD 2016:

3) The prohibition in sub-paragraph (1) does not, in respect of a box junction within sub-paragraph (6)(a) of the definition of that expression, apply to a person who—

(a) causes a vehicle to enter the box junction for the purpose of turning right; and

(b) stops the vehicle within the box junction for so long as the vehicle is prevented from completing the right turn by an oncoming vehicle or other vehicle which is stationary whilst waiting to complete a right turn.

Thus no offence and I trust the PCN will be cancelled.

Were you stopped at the start of the box? With space in front of you.

YesNo/Not sure
Yes - could you have continued driving through the box
The offence is set out in Schedule 9, Part 7, Paragraph 11 of The Traffic Signs Regulations and General Directions (TSRGD) 2016: 
 
“a person must not 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.”

It is not an offence to stop per-se in a box. I did not "have to" stop, as per the TSRGD law. I could have continued driving through the box slowly and exited it without stopping.
Email

Did you only stop a small amount in the box?
Yes - did you only stop a small amount in the box

I only stopped a tiny amount in the box. This comes under de minimis. Please see the link below for many examples of cases won on the grounds of de minimis for only a small amount of the vehicle being in the box. 

https://www.yellowboxes.co.uk/length-of-vehicle-in-box-appeals
Email

Was there space in front of your vehicle that was longer than the amount you were in the box? If it's not clear choose "yes"
Yes - was there space in front of your vehicle

There was space between my vehicle and the one in front that was longer than the amount I was in the box. This means I did not "have to" stop due to "stationary vehicles" as per the TSRGD offence, I could have pulled forward a few inches and cleared the box. many cases have been won on this basis at London tribunals eg 224038701A, 2170439250 and 2220688228. It is a well established principle. Stopping in a box is not an offence per-se.
Email

Did another vehicle snatch your intended exit space? eg from a side road or changing lanes
Yes - did another vehicle snatch your intended exit

My exit was clear and I would have made it out the box however another vehcle snatched my space after I entered the box
Email

YesNo
Yes - did you stop continuously for 5 seconds or less

My vehicle stopped for only a few seconds. It caused no obstruction and comes under de minimis. Please see the link below for examples of cases won under de minimis 
https://www.yellowboxes.co.uk/duration-of-stop-appeals
Email

YesNo

It was darkIt was wetThe box is fadedThere were light reflectionsI was behind another vehicle which completely blocked my view of the box on the tarmac
Any choice selected
Email

Could you see where the box ended?
No - could you see where the box ended

I am aware that I am not supposed to enter a yellow box before my exit is clear. However In order to do this, I first need to see it in good time. I could not see where the box ended thus was unable to judge if my exit was clear. The lovely birds eye camera view is not the same as the drivers view and I cannot recreate my view.
Email

Was the part of the box you stopped in on the far side of a T junction?
Yes - was the part of the box you stopped in on the far side

The box extends to the far side of a T junction in breach of the statutory guidance in Chapter 5 of the Traffic Signs Manual. The part of the box I stopped in serves no traffic purpose. This means the only purpose is revenue raising and that is not permitted.If you wish to reject this appeal, please show, with diagrams, the functional purpose (ie the cross movement the box protects) of the part of the box I stopped in, in accordance with the "golden rules" in Chapter 1 of the traffic signs manual. Please see the following London Tribunals case references for adjudicators have ruled boxes that cover the far side of a T junction to be non compliant. 2230236641, 2240473960, 2230304887, 2250397133 and 2250572878
Email

Does the part of the box you were stopped in extend past the junction?
Yes - does the part of the box you were stopped in extend past

The part of the box that you allege I stopped on extends beyond the junction and this is not permitted. As stated by the adjudicator in London Tribunals case 2170285940:

"The prohibition applies to a box junction. A “box junction” means an area of the carriageway where the marking has been placed and which is at a junction between two or more roads. Markings which extends beyond the junction of two or more roads do not therefore mark out a box junction covered by the prohibition. I am in no way suggesting that the Authority has to be inch perfect but, in my view, extending the box junction by a car length or more beyond the actual junction is neither compliant nor substantially compliant with requirements."

Also in 2170582946 the adjudicator stated, "Motorists are entitled to make the assumption that the yellow box will finish once the junction is cleared"
Email

Single Road2 or more
Single - does the location on the PCN contain 2 or more

The location on the ticket is not specific. It should specify the junction of 2 or more roads but it only says one. That is a long road and I have no idea where this box is. I have a right to know and should not have to waste my time playing detective. Please see London Tribunals case reference 2160240742 as an example of a case won on this point in Adjudicator Carl Teper stated:

"This must include a sufficiently clear description of the location where the alleged contravention occurred, to enable a motorist receiving a Penalty Charge Notice several days after the event to be able to identify it."
Email

YesNo
No - is the time on the PCN the same

The time on the PCN is not the same as the time I stopped. The PCN is thus defective and unenforceable.
Email

Unfortunately you do not have any obvious grounds for appeal. I suggest to try a 'begging' appeal setting out any mitigating circumstances and promising not to be a naughty boy/girl again. Authorities have the ability to allow appeals on this basis but adjudicators don't.

Here are some examples that you can edit to your circumstances:

I believed that my exit was clear ie that there was space to fit my car. However unfortunately I misjudged the length by a few inches. Guessing distance from an acute angle is not easy. I'm only human. I ask that you please cancel the PCN in light of this genuine attempt to exit the box and tiny mistake which caused no obstruction or delay to any other vehicles.

I understand that I should have waited till my exit was clear before entering the box. However at this location the exit is constantly filled with traffic from multiple directions. I would have caused delays to traffic if I did not take the chance and go forward. I thought yellow boxes were supposed to help traffic flow? I'm sorry if I was wrong about that. As this is a first time offence, I caused no delays to other vehicles and based on these mitigating circumstances, I kindly ask that you allow this appeal and cancel the PCN. Thank you very much.
Great news! Based on your answers you do have grounds for appeal. Once you submit, text you can use to appeal will be displayed on the next page and also sent by email with some more tips. Please be aware there is never any 'guarantee' to win an appeal.
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