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The PCN
7. Has video footage been provided?
8. Does the video show entry and exit sides?
10. Does the video show the VRM?
11. Is the location on the ticket accurate?
12. Is the time on the ticket accurate?
13. Was the ticket sent in time?
14. Is the information on the ticket correct?
15. Was the notice of rejection sent in time?
16. Is the information on the NOR correct?
17. Have appeal points been addressed?
7. Video Footage
Still photos do not prove the offence, only video footage can prove it. Motorists need to be able to see the video to see if they have commited an offence. There have been many occasions where the authority has failed to provide the video footage and have lost cases based on this. If you unable to obtain the video footage here is some text for an appeal:
The still photos provided do not prove the contravention. I have not been provided with the video footage and am thus unable to review the incident with a view to mounting a defence. Please see case references 2210739628 and 2180479025 for cases won by motorists at adjudicator when the authority has failed to provide the video.
8. The extent of the video footage
The video needs to show both the entry into the box and the exit area at the time of entry in order to prove the offence. The offence can be found buried deep in Paragraph 11, part 7 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.”
This means the start of the offence is the moment you enter the box. If for example when you enter your exit is clear, but circumstances change afterwards, then a video which didn't show your entry would not show this. Similarly if the video doesn't show the exit then the offence can't be proven.
Here is some text to help with an appeal if the video doesn't show the entry to the box:
The contravention starts upon entry into the box. The video doesn't show my vehicle entering into the box. Please see case reference 2140459984 for an example of a previous appeal allowed on this point.
Here is some text to help with an appeal if the video doesn't show the exit side of the box. It is is best to combine this with the personal circumstances of your stop.
The video does not show the exit of the box and thus there is no proof that the exit was not clear at the time of entry to the box or the alleged contravention. Please see case reference 2190074256 for an example of a previous appeal allowed on this point.
9. The clarity of the video footage
As well as the entry and exit, the video needs to clearly show that your vehicle was stopped due to the prescence of stationary vehciles. If other vehicles are obstructing the view and/or if it Is not clear enough to show that it was actually stopped rather than moving slowly, then this grounds for appeal. Here is some text to help with an appeal if the video is unclear:
The video does not show clearly show that my vehicle was entered and stopped in the box due to the presence of stationary vehicles.
10. The VRM on the video footage
Fundamentally the video also needs to show that it was your vehicle registration number that was stopped. Often at busy junctions multiple vehicles may be stopped in the box with the camera operator 'chasing' the vehicle to get the VRM when it is out of the box. The video supplied to you may show a car in the box with an unclear VRM, and a separate close up still photo of your VRM. Adjudicators have ruled this is not necessarily proof. Obviously as with everything this depends on a case by case basis. Here is some text to help with an appeal if the video is does not show your VRM:
The video does not show that my vehicle registration XXX was stopped in the box.
11. The location on the ticket
Adjudicators have ruled that an inaccurate or ambiguous location on the ticket is grounds to win an appeal. For example, in case 2200070958 the location was described as "Camberwell New Road / Warner Road / Camberwell Passage" when there is no box junction at that location. In case 2160240742 the location was stated as "East Lane". The adjudicator quite rightly pointed out that is a long Rd and not the name of a junction. How is a motorist supposed to know where exactly it is is in order to check the site and mount a defence? Although these are single cases they apply to every ticket at these locations.
Here is some text to help with an appeal if the location is wrong:
There is no yellow box at the location stated on the PCN. The contravention as stated on the PCN did not occur.
Here is some text to help with an appeal if the location is ambiguous:
The PCN does not state the location of the yellow box junction. This is a long road and I am unable to mount a defence if I don't know where the box is. Please see case reference 2160240742 for an example of a previous appeal allowed on such a point.
12. The time on the ticket
Adjudicators have ruled that if the time of contravention on the ticket is not the same as the time that your vehicle is stopped on the video, this is grounds to win an appeal.
Here is some text to help with an appeal if the location is wrong:
The alleged time of contravention stated on the PCN is XX. However the video shows my vehicle was not stopped at that time. The contravention as stated on the PCN did not occur. .
13. Did the authority send the ticket in time?
The legislation under which tickets are issued differs between areas. In all areas the PCN must be sent to you within 28 days of the date of the contravention. However this can be extended to 6 months if the the authority don't get the info from the DVLA in time. So 6 months is the absolute maximum time.
In London The London Local Authorities and Transport for London Act 2003 applies.
In England outside London The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 and The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 applies.
In Wales The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 and The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 applies.
14. Is the information on the ticket correct?
The ticket needs to have standard information on it that complies with the relevant legislation. This differs between areas. Essentially if anything is missing or wrong this is grounds for appeal. You need to compare the tickets against the legislation to make sure all is correct. If you post your ticket on the Pepipoo website there are experts there who will help do this. There are some common areas in which authorities tend to trip up which can be quickly checked. The main one is the time periods for payment and appeal. In London when referring to the period in which you are given to pay, the PCN must refer to 28 days from the 'date of the notice'. However with regards to the appeal period the ticket must refer to the 28 days from the 'date of service of the notice'. Service includes postal time. In England outside London and in Wales, both the payment and appeals time periods must refer to "28 days beginning with the date on which the penalty charge notice is served".
In London Section 4(8) of the London Local Authorities and Transport for London Act 2003 specifies what must be stated on the ticket. Schedule 1 states the permitted grounds of appeal.
In England outside London Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 as well as regulation 5 from The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 specifies what needs to be stated on the ticket.
In Wales Schedule 1 of The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 as well as regulation 3(4) of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 specifies what needs to be stated on the ticket.
Text for an appeal would of course depend on the area the ticket was issued and what is missing. Here is an example for a ticket issued in London which refers to the wrong time period:
The PCN states that I have 28 days from the date of the notice to appeal. However this is not correct. Schedule 1 of the London Local Authorities and Transport for London Act 2003 states that a PCN` should refer to 28 days from the 'date of service' of the notice. As such the PCN is invalid.
15. Was the Notice of Rejection (to your appeal) sent in time?
If the authority rejects your appeal they must write to you. In London amazingly they have no time limit. Outside London in England and Wales the authority has 56 days to reply (beginning with the date on which it receives the representations).
Text for an appeal (England outside London) if authority responds late:
Regulation 6 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 specifies that the authority must respond to the appeal within 56 days. As you have responded outside this time it is deemed that you have accepted the representations.
Text for an appeal (Wales) if authority responds late:
Regulation 9(6) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 specifies that the authority must respond to the appeal within 56 days. As you have responded outside this time it is deemed that you have accepted the representations.
16. Is the information on the Notice of Rejection correct?
In London the 'notice of rejection' must include the information in Parts 3 and 4 of Schedule 1.
Outside London in England it must serve a 'decision notice' with the info in regulation 6.
In Wales it must serve a notice with the info in regulation 9.
In all cases it must essentially include references to the fact that a charge certificate may be served unless the penalty is paid or appealed to the adjudicator within 28 days beginning with the date of service of that notice.
17. Has the Authority responded to the points in your appeal?
The authority has a duty to consider the points you make in your appeal. If their rejection letter is a standard template which doesn't address what you said, then there's no proof they have done so and this in itself is grounds for appeal to the adjudicator
Text for an appeal (London) if authority fails to address points you raised in your appeal:
Schedule 1 (7)(a) of London Local Authorities and Transport for London Act 2003 specifies that the authority must consider representations made. Their notice of rejection does not specifically address the points I made which shows they have failed to comply with this.
Text for an appeal (England outside London) if authority fails to address points you raised in your appeal:
Regulation 6(4)(a) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 specifies that the authority must "consider the representations". Their notice of rejection does not specifically address the points I made which shows they have failed to comply with this.
Text for an appeal (Wales) if authority fails to address points you raised in your appeal:
Regulation 9(2)(a) of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 specifies that the authority must consider representations made. Their notice of rejection does not specifically address the points I made which shows they have failed to comply with this.
18. Any other procedural errors?
There are a wide variety of other issues that the authority can screw up. Examples include prematurely issuing notices of rejection or charge certificates, failing to provide the correct details to the adjudicator and yourself prior to the hearing, and for hire/lease cars failing to identify the correct person to serve the notice on.
19. Authority specific guidance/policy
Often authorities provide their own guidance on how to use a yellow box or have their own policy on when to issue a ticket. Normally guidance on how to use a box replicates national guidance but occasionally it doesn't. Richmond council via their facebook page issued guidance on how to use a full width yellow box at a T junction, telling drivers they could turn right and stop in it (when actually they couldn't). A driver got a ticket and appealed. In case 2190062519 the Adjudicator ruled that:
"Where an Enforcement Authority publiclly declare an enforcement policy or particular interepation of a traffic regulation/restriction they are bound by that even if it contradicts a different and possibly correct interpretitation of the restriction it or attempted enforcement."
They may also have policies in regards to when a ticket is issued. For example Barnet say "At least two wheels of the vehicle (either front or rear) must be stationary within the markings" In Cardiff their policy is to issue a ticket: "When the vehicle has remained stationary due to the presence of stationary vehicles for 5 seconds or more"
It is worth checking the authority's website, social media and freedom of information requests to see if they have any such guidance. An appeal should link to that guidance, quote it and show how the aurhority has breached it when issuing your ticket.