The Right to Know

Believe it or not, but councils are doing you a favour by including a couple of smudgy photographs on your PCN. There is no direct requirement in law for them to include any evidence at all.

Section 4 of the London Local Authorities and Transport for London Act 2003 only says: (8) A penalty charge notice under this section must – (a) state – (i) the grounds on which the council…believe that the penalty charge is payable…

So, the standard wording of “Vehicle XYZ123 was observed entering and stopping a box junction when prohibited at wherever on whenever“, followed by the bit about the whole sorry incident being observed and recorded for posterity on video is really all they need to state.

The similarities between the wording of a PCN and the classic blackmail demand of “pay up and you can have the negatives/tape” is remarkable. As I recall, in the movies, the blackmail victim will usually demand to see some of the pictures as proof that the threat is genuine before paying up.

Given that the council is accusing you of wrongdoing, surely you have a right to see the full evidence before deciding whether to challenge or to pay up. The anger you feel after reading the PCN results mainly from the unsubstantiated nature of the allegation. You stare at the tiny, blurry photos and think “Well, that doesn’t prove anything!”

Comments have been made by PATAS adjudicators that councils would save on appeals if they presented comprehensive evidence on the PCN. Presumably they would also save on representations (the first stage of a challenge). As I see it, that would take up to 5 photographs which would fit on one side of A4:

  1. Vehicle outside the box, about to enter, showing the prevailing state of the exit.
  2. Vehicle entering the box, showing the prevailing state of the exit.
  3. Vehicle stopped in the box, showing the stationary traffic causing the obstruction.
  4. Vehicle in the same position as (3), 5 seconds or more later.
  5. Close-up of number plate (if not legible in (1)-(4) )

Having said that, the primary evidence is not the still photographs but a video recording which must show the whole incident from just before you entered the box up to the point where you (allegedly) committed the contravention.

No one has formulated any hard and fast rules although most councils do issue written guidance to their camera operators. A distillation from various sources seems to suggest that the following points generally apply:

  1. The video recording must show your car just before it enters the box.
  2. At the time of entry you must also be able to see the exit side of the box, and be able to determine whether the exit is clear.
  3. There must be no doubt that your car has stopped in the box, and generally less than 5 seconds does not count. (De minimis non curat lex)
  4. If the camera moves around while you are stopped the evidence is questionable (If the camera is moving, how can it be certain your vehicle is not moving).
  5. The number plate must be readable at some point in the recording.
  6. The video must be good quality, in colour and run smoothly.
  7. Lighting and weather must be favourable.

You are legally entitled to view the evidence and, by rights the council should freeze the clock while they arrange a viewing. There is no consistent London-wide policy relating to your access to the video evidence. Some councils will send you a copy on demand, others will charge you £10 for a copy (what a cheek!) and in some cases you have to make an appointment to view in a high security environment.

Incidentally I know of one ‘victim’ who has been waiting two months to view a video!

A logical move would be to make the evidence available on demand on the internet like so many police forces do with speeding cameras. I am reliably informed that this is under consideration, but the speed of development is constrained by time, money and available expertise. Issues of security and data protection also prevail.

In the mean time, forget about still photos. Demand to see the video, at your convenience, and do not pay for a copy.

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6 Responses to The Right to Know

  1. Roger says:

    drop me a line and I’ll forward you my correspondence with Harringey council which you might find useful.

  2. Paul says:

    *Great* to stumble across this site. Of all the automated enforcement, box jcns always strike me as the unfairest.

    Keep fighting

    Paul

  3. George Wilinski says:

    Will they in fact freeze the clock if you demand to view the tape? Wll they freeze the clock if you appeal at the same time? what takes priority? These and other questions spring to mind, in the unholy and morally bankrupt world that I have entered inadvertantly into after receiving a PCN from Ealing council for a box juction violation.

  4. George,

    I have tried to reply by e-mail without success. Please re-post.

    It is my understanding that the box junctions in South Road have recently been repainted. Can you confirm this?

    When you put in a request to view the tape the council should stop the clock. I would suggest that you need to view the tape before you enter any challenge.

  5. david says:

    hello there i as wondering if anyone could tell me if and where i could find my right to have the clock frozen.

    thanks a bunch

  6. Javed says:

    Hi

    I received a PCN on 5/11/08 for a contravention on 31/10/08 at The Broadway/Herbert Road, Southall box junction. I am researching to understand grounds for appeal and wondered if anyone knows the legal status of this particular box junction? I also believe that I was moving and probably stationary for < 5s and because a pedestrian crossing went RED just ahead of the box marked road – exceptions “a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;”

    Any help will be gratefully received! Thanks in advance.

    Javed

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