It's not about whether someone is there or not, it is about how much overlap the guy who is there has. That is why I said I have difficulties to judge where your front tires are as the bumper cam seems to sit somewhere inside an invisible car... If your front tires are the same "height" as his, he needs to give way. If you are behind and to me it looks like your front tires are where is rear tires are, you need to give way.I never get back into the apex because someone is already there and I'm not that kind of person who does something because of some rule.
In any case, no one should have gotten a penalty as quite simply, nothing happened.