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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64693
Experience:  Over 5 years in practice.
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I have beeen sent a penalty notice for £130:00 but if I pay

Resolved Question:

I have beeen sent a penalty notice for £130:00 but if I pay within 14days it goes down to £65 the offence was for apparently stopping in a box junction which although they have photographs of my vehicle with the back wheels in the box junction, I am sure I was still moving as I was in a line of very slow moving traffic, and I was not causing an obstruction.
The penalty noticecame from Transport for London,
Where do I stand on this?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

What would you like to know about this?
Customer: replied 1 year ago.

Should I just pay the fine or is it worth questioning it as I believe I was still moving?

Expert:  Jo C. replied 1 year ago.
Do they two photographs?

Or are they saying its CCTV?
Customer: replied 1 year ago.

The two photographs were seen and recorded by camera operator number RNC/114.

Customer: replied 1 year ago.

The two photographs were seen and recorded by camera operator RNC/114.

Expert:  Jo C. replied 1 year ago.
Okay.

This is a perfectly normal PCN issued by CCTV. Moving traffic contraventions are generally captured in this way.

Whether it is worth contesting or not really depends on how sure you are that you did not stop.

As you know, a yellow box junction is not to be entered unless you can escape.

In fairness, I can see the points that you are making. The photography that you've been sent does not prove the offence. To prove the offence they will have to show that you were stationary in any part of the box junction and that at the time that you entered the route was not clear.

If you are saying that you accept that you were stationary at one point but it was only your back wheels within the box junction area, then that is not a defence of itself.

You could still contest this on the basis that although your wheels did overhang slightly, that amounts to only the most technical of breaches and so offends against the de minimus principle which roughly translated means that the law should not concern itself with trivialities.

There is always the chance that TFL will fail to prepare for adjudication. The local councils do regularly do that but TFL are rather more efficient.

Also, I should mention that many decriminalised road traffic matters are very trivial in nature.

The risk of course is that if you go to adjudication and lose the fines will increase.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64693
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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