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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I got a PCN for "entering and stopping in a box junction when

Customer Question

I got a PCN for "entering and stopping in a box junction when prohibited". The exit of the junction had 2 lanes. I was in the right hand lane, and blocked, but the nearside lane was clear. Am I correct that this is therefore not an offence?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Who is the issuer of this PCN?
Customer: replied 3 years ago.

For Jo C.


 


London Borough Of Hammersmith and Fulham

Expert:  Jo C. replied 3 years ago.
Ok. Is a proper one then.

Am I missing the point? You seem to accept that your exit was blocked? Maybe its hard to visualise what you are describing.
Customer: replied 3 years ago.

The law states it is NOT an offence to enter and stop in a box junction if one of the lanes on the other side is clear. You have stopped in the box thru choice and NOT because all lanes were blocked by stationary vehicles. Can you confirm this please.

Customer: replied 3 years ago.

The law states if one of the lanes is clear on the exit side of the box then you have stopped through choice, as you have the option of moving to another lane. You are NOT stopped because the exit is completely blocked by stationary vehicles. Can you confirm this?

Expert:  Jo C. replied 3 years ago.
The law says there is no offence if your exit is clear upon entry but the position changes when you have entered.

That doesn't seem to what you are saying though. If you are saying that the lane that you were not using was open then there is no defence in that because you entered the other lane unless, I suppose, CCTV shows you moving across.

Of course, they may not contest it. Not all local councils are organised.

But proceeding on the basis that they are organised and contest it, that would be the outcome.
Customer: replied 3 years ago.

For Jo C.


Can you look at Sheikh v London Borough of Newham, case ref MV0071NE02, pcn NE41387986.

Expert:  Jo C. replied 3 years ago.
I am sorry but I will not be able to look at case law for this price.

Best of luck.

Opting out.