Can you be penalised for stopping in a yellow hatched box if you intend to turn right?

My daughter received a penalty notice from TFL for stopping in a yellow hatched box. The photograph evidence, which is a very selective video extract, shows the rear half of her Nissan Micra in the box. There are two factors, which have been appealed (and rejected by TFL). She was turning right and when she entered the box her exit was clear, but while turning right the vehicle behind overtook and cut in front of her, blocking her exit from the box. The Highway Code states, 'You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right'. TFL quoted the highway code, but only the first sentence. Please could you give your opinion on the correct position regarding my daughter's appeal of this decision.

Asked on 12 April 2018 by

Answered by Honest John
I think you have a defence and can demand that TfL takes the matter to court if you have the time. If it's only a £100 penalty, then it's not worth it.
Similar questions
Do I need to tell my insurer about a box junction PCN?
In April, I temporarily imported my Triumph motorbike into the USA to use on a 3 month road trip. I couldn't SORN because it is a requirement for the road tax to remain current. I let my UK insurance lapse...
I believe we drivers who suffer the Olympic shenanigans are entitled to a bonus. Tube drivers, bus drivers, the Boris Bike mechanics, and TfL workers are flocking to climb on the bandwagon to demand bonuses...
Related models
Low emissions and fuel consumption from 1.2-litre engine. Roomy and seats five. Decent value for money. Bluetooth as standard.
 

Ask Honest John

Value my car