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PCN yellow box contravention- query


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Posted (edited)

Been sent a PCN for allegedly driving in yellow box.

This is something I am always very very careful to not do.

 

The photos on the PCN sure enough show my front tyres and half the body of the car in the yellow box.  So it looks like "guilty".

YET - when I checked the video it is very clear what actually happened.

1. Driving slowly

2. Car ahead drove over yellow box and it is very clear that there was plenty of space for my car to follow and go beyond the yellow box too.

3. The video clearly shows the car hesitate and then stop. 

4. A car from the left side road pulled out and took the space that would have enabled me to continue and miss being in the yellow box.

 

To be fair - I can't remember if I hesitated and let the car pull out in front of me or if it just pulled out meaning I had to stop ???

 

Is this a good enough reason to query and ask for the penalty fee to be waived?

 

Edited by HP Mum
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you should be able to view the whole video on their site

if it proves what you say, that you exit was clear upon entering, you stand a good chance.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Their video is 30 seconds long and it clearly shows a car snuck in from the side road  into the main road I was on and took the space I would have driven forward into.

I can't quite believe they issued a ticket.

It's a borough that's become very aggressive with their penalty fines in recent years

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then appeal it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

There is a disconnect here between what the Highway Code says:

”you must not enter, …… unless your exit is clear, unless…….”

 

and the contravention you get a penalty for “you must not stop, ….. unless……”
 

So, the fact that your exit was clear when you entered the box means you were complying with the Highway Code but still liable for the penalty if you stopped in the box (absent the ‘turning right, and …..’ exemption)

 

So, appeal it, noting that you were compliant with the Highway Code,and the unfair actions of another driver caused the issue. Fingers crossed!

Edited by BazzaS
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Dealt with this online.   Quoted Rule 174 of the Highway Code which states "enter a box junction only if your exit road is clear" and stated it was until a driver from a minor side road snuck into my clear space .

I hope I get a sensible sympathetic response

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Posted (edited)

See previous, highlighting the discrepancy between what the Highway Code says, and the actual offence that incurs the penalty.

 

I hope they respond reasonably!

if they say “but the contravention still took place” it is hard to argue against.

Edited by BazzaS
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Thanks.  I agree.  The contravention did occur only due to the other driver.

That car moved quickly though and I was able to move forward.  That's also shown in the 30 seconds video

Keeping fingers crossed 

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  • 1 month later...
Posted (edited)

Really really annoying - the reply from the council was negative.   

The assessor did not accept my argument. 

He said, in so many words, that

a) I should have driven ahead anyway and made the other car, accessing the main road from the side road, stop and get stuck in the yellow box instead!   

b) I should have pre-empted that the other car was about to pull out in front of me and should have stopped before starting to drive forward!   🤔🙄

He didn't accept that I started to drive because my way forward was clear (as per the highway code).  I was on the main road and there was enough space for a car the other side of the yellow box.  The car coming from the minor side road snuck in and took that space.  What could I then do?

I don't have the patience to argue this.   

I am sure if it went further I could possible argue and win.   But.... instead - £65 down the drain

Grrrrr

Edited by HP Mum
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