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Examples of adjudicators allowing appeals due to no video
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2210739628
Mark William Lee
Transport for London
04 Dec 2019 17:33:00
Battersea Park Rd / Savona Street
27 Jan 2022
Anju Kaler
Appeal allowed
The contravention alleged is entering and stopping in a box junction when prohibited. The prohibition is contained in the Traffic Signs Regulations and General Directions 2002, Schedule 19 Part 2 paragraph 7. This provides as follows.
7 (1) Except when placed in the circumstances described in paragraph 8, [box junctions] shall each convey the prohibition that no person shall 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.
No CCTV footage has been provided. The Authority says this is no longer available and rely on the photographs.
It is an essential element of the contravention that the vehicle has stopped. If the vehicle moves, even a little bit, then it has not stopped. That cannot be determined from the photographs which show an instant moment.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2180479025
Sanie Kamara
Transport for London
12 Oct 2018 21:06:00
Euston Rd
28 Jan 2019
Carl Teper
Appeal allowed
The Authority's case is that the Appellant's vehicle was stopped in the box junction when prohibited when in Euston Road on 12 October 2018 at 21.06.
The Appellant denies the contravention.
I am unable to test the Appellant's explanation, however more importantly this is yet another case where the CCTV footage referred to in the case summary has not been produced by the Authority for the Adjudicator to view.
I find that it is essential for an Authority to prove a moving traffic contravention by providing CCTV footage.
Without it I am unable to see what the state of the entry or exit was before the Appellant's vehicle entered this box junction or whether there was any other reason for him vehicle stopping.
Consequently this appeal must be allowed.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2190401363
Beambest Ltd
LB of Hammersmith and Fulham
28 Jun 2019 18:19:00
Talgarth Rd / Butterwick
31 Oct 2019
Andrew Harman
Appeal allowed
The contravention alleged in these proceedings is that this vehicle entered and stopped in a box junction when prohibited.
The appellant puts the council to proof of the contravention there being no evidence that it occurred in the images it provides.
The council does not provide a 'clickable' link to its video evidence. I am not therefore satisfied that it has supplied that evidence to the tribunal.
I cannot be satisfied in its absence that the contravention occurred.
Case ref
Appellant
Authority
Date & time
Location
Decision Date
Adjudicator
Decision
2220707071
Kara Blackwell
LB of Barking and Dagenham
06 May 2022 18:25:00
New Rd
11 Nov 2022
Andrew Harman
Appeal allowed
This is an alleged box junction contravention. The council does not provide a link to its video footage of the incident and that evidence is thus not before me. The appellant says that she was cut up by another vehicle. In the light of that claim, I cannot be satisfied in the absence of the video evidence that the contravention occurred, and I allow the appeal.