Author Topic: Hammersmith and Fulham. Code 52M failing to comply with a prohibition on certain types of vehicles. Rivercourt Road  (Read 2291 times)

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I have now received a reply from H&F to my FoI request about the experimental TMO on Rivercourt Road. It includes a plan from January 2025 of the revised scheme of signage after they moved the Give Way lines about 1m north. This shows with pink shading what H&F assert is their land and blue shading what H&F assert is TfL's land. I cannot confirm the accuracy of the boundaries shown as TfL have not yet supplied their own plans (and have said that it will take them 40 days to reply as it is such a difficult question to answer).

H&F's response to specific questions contains the following items:
Quote
the location to which the TMO refers when it references the junction between Great West Road and Rivercourt Road The specified location 8.30 meters south of the southern building wall of No. 17 Rivercourt Road is where the boundary lines of the A4 land and Rivercourt Road land meet.

the specified location 8.30 meters south of the southern building wall of No. 17 Rivercourt RoadRoad markings and sign positions shown on provided drawing.

I also found a plan of the TfL Road Network showing its boundaries which confirms that TfL's Great West Road does include the verges and combined footway/cycleway to the north of the eastbound carriageway.

What these documents establish is that
  • H&F assert that the restrictions on Rivercourt Road start at the junction between Great West Road and Rivercourt Road
  • H&F agree with TfL that the strip of land joining the combined footway/cycleway on each side of the exit from Great West Road to Rivercourt Road is part of Great West Road and that the junction between the two lies to the north of this
  • H&F assert that the restrictions on Rivercourt Road end "8.30 meters south of the southern building wall of No. 17 Rivercourt Road
  • H&F assert that "8.30 meters south of the southern building wall of No. 17 Rivercourt Road" is where the boundary lines of the A4 land and Rivercourt Road land meet

It follows that, on H&F's own assertions, the one-way restrictions apply across the boundary line between TfL's Great West Road and H&F's northern fragment of Rivercourt Road. This is a section of highway of zero length.

This might be true if Great West Road were perpendicular to Rivercourt Road. It is not. It is 6° off perpendicular. H&F's plan also exhibits some wish-fulfilment: where the eastern footway of Rivercourt Road widens by 1.4m south of the southern boundary of No. 17, Rivercourt Road, H&F show the boundary as running exactly E–W while the rest of the southern boundary of No. 17 Rivercourt Road runs 4°S of W – 4°N of E. At this point the northern edge of Great West Road runs 2°N of W – 2°S of E.

This means that if one takes a line E–W from a point where the boundary of Great West Road meets Rivercourt Road in the eastern footway of Rivercourt Road, that line will lie wholly within TfL land across the entire width of the carriageway of Rivercourt Road. In other words, the end of H&F's one-way south-to-north restriction lies wholly to the south of its start! The same is true if one takes the line from the specified point perpendicular to the kerbs of the carriageway, i.e. "across" the road.

As the section of road to which the TMO applies does not exist, it is hard to see how the TMO can be enforceable. H&F also have the problem that paragraph 4 of the TMO, which defines the section of road to which the additional restrictions on vehicles applies, stops in mid-sentence after "and".

This may be why H&F are so reluctant to let any appeals go before an adjudicator. The changes made to the road markings on what used to be the exit slip road from Great West Road suggest strongly that whoever drew up the scheme intended the one-way restriction to apply from the carriageway of Great West Road. Wiser heads have recognised that that is not so and that the one-way restriction applies, at best, across the boundary between TfL's land and H&F's.

Meanwhile H&F rake in the money.
« Last Edit: June 20, 2025, 02:55:42 pm by Bustagate »

I received a penalty notice in January. I appealed and it was not until the end of April that I was advised that my appeal was unsuccessful. I intend to appeal to the Adjudicator and my appeal is listed below taking on board experiences and comments from others.

I would welcome any input/comment before I submit my appeal and also does anyone know when the temporary signs on the A4 giving advance notice of the restriction were put up and is there just the one not long before you reach Rivercourt Road?

Appeal

  My grounds of appeal are set out below.

The signage referred to in my rejection letter appears to bear no resemblance to the restriction signs on display at the time of my alleged offence.  Please compare video and picture of my car entering Rivercourt Road to the picture sent to me by the London Borough of Hammersmith and Fulham.

In my case it is evident that there is inadequate signage of the restriction, but in any event H & F had a duty under Regulation 6 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 to consult with other highway authorities, before implementing the traffic order, but I believe failed to do so

The signage at the junction of the A4 and Rivercourt Road is wholly inadequate and fails the test of "reasonable clarity" required by the Traffic Signs Regulations and General Directions (TSRGD).

Approach from A4: The advance warning signs on the A4 are small, poorly positioned, and frequently obscured by high-volume traffic on this 40mph dual carriageway. A motorist focused on safe lane positioning cannot reasonably be expected to see, read, and comprehend these signs.

Point of No Return: The restriction signs at the entrance to Rivercourt Road itself are positioned such that they only become visible after a driver has already committed to the turn. Because Rivercourt Road is narrow and lacks a safe turning point (the new turning bay referred to in my notice of rejection was not in place in January 2026) a driver is forced to pass the signs once they have seen them. Attempting to reverse back onto the busy A4 would be a dangerous and illegal manoeuvre.

I further contend that the Traffic Management Order (TMO) underpinning this restriction may be invalid. Under Regulation 6 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the Council has a statutory duty to consult with other highway authorities (in this case, Transport for London, as the authority for the A4) before implementing such an order. There is strong evidence to suggest that the Council failed to adequately consult or coordinate with TfL regarding the impact of this scheme on the A4 trunk road.

Welcome to FTLA!

For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and start your own thread (forum rule - one case per thread) posting there
a brief account of the circumstances,
copies of all corresponndence from and to the Council (redact only yr name & address - leave all else in),
any council photos/video.
your draft,
and a GSV link to the location.

Do not miss any deadlines - have you a date for the hearing?.

You will have seen from other threads that one is likely to succeed with Rivercourt Road cases, but that H&F tende to fold at the very last minute.

(Why do we ask to see everything? -- Because to give good advice the experts here need to see everything the Adjudicator will see - the council will submit copies in their Evidence Pack.)