A South London motorist is preparing to take legal action regarding the enforcement of two yellow box junctions that have reportedly generated over £450,000 in fines within an eight-month period. Phillip Morgan, 72, has expressed his frustrations concerning the yellow boxes located on Kingston Road in New Malden, which he believes should either be removed or reduced in size.
Mr. Morgan, a resident of Claygate, is among numerous drivers who have voiced concerns about the design and enforcement of these yellow boxes, which are positioned adjacent to each other at the intersections with Elm Road and Westbury Road. Many motorists have claimed they are unfairly penalized for stopping in these boxes, which extend significantly beyond the actual junctions.
Legal Action and Community Concerns
Although the yellow boxes were established in 2015, enforcement via cameras only began in 2020. Drivers who find themselves stopped in the yellow grid when their exit is not clear face automatic fines of £160, which can be reduced to £80 if paid within 14 days. The junctions have become a focal point of contention, with fines amounting to approximately £451,405 issued from January to August of the previous year.
- 18 out of 36 appeals against fines at the Elm Road junction were upheld.
- 3 out of 5 appeals at the Westbury Road junction were successful.
Despite these findings, a report from council officers stated that the layout and enforcement of the yellow boxes were deemed „legally compliant and proportionate.“ Independent councillors raised concerns after data from a Freedom of Information request revealed that 6,568 penalty charge notices (PCNs) were issued during the specified period.
Community Response and Council Review
Local residents and business owners have expressed worries that the junctions function more as a revenue-generating mechanism than as effective traffic management solutions. In response to mounting pressure, the Lib Dem-led council’s New and Old Malden Neighbourhood Committee agreed to review the junctions and consider shortening the yellow box at Elm Road.
During a recent meeting, resident Julian McCarthy emphasized that the yellow boxes extend beyond the junctions and called for a fair review of how fines are applied. Mr. Morgan has formally submitted a pre-action protocol letter to the council, seeking a judicial review of the yellow boxes’ layout and enforcement at the High Court. He argues that the high number of successful appeals indicates potential legal non-compliance.
Next Steps and Council’s Position
Mr. Morgan has requested that the council halt the issuance of fines until a decision is made regarding the layout changes. Councillor James Giles expressed satisfaction with the council’s decision to review the yellow box at Elm Road, noting the significant number of PCNs issued over the past five years.
A spokesperson for Kingston Council stated that the review’s findings would be presented to the committee promptly. They reiterated that yellow boxes are implemented to enhance traffic flow and ensure safety for all road users, and that enforcement is not intended to generate revenue. Any surplus income from traffic enforcement is allocated for specific uses, including highway maintenance.
Bildquelle: Bildquelle: Bernd 📷 Dittrich auf Unsplash
