To: Hammersmith and Fulham Council
Re PCN:
I make these formal representations against the Enforcement Notice on the following grounds
1. I am in possession of the special DFT authorisation for this offside bus lane and it is clear that you have departed from the agreed plan of the layout of the signage, in particular the 958 sign.
2. Notwithstanding that there is the said authorisation, I refer you to this extract from a High Court decision:
R(Oxfordshire County Council) v The Bus Lane Adjudicator [2010]EWHC 894 (Admin) Mr Justice Beatson confirmed at para. 65:
Para 65. The Defendant's submission that the fact that signs are prescribed or authorised does not mean they are sufficient for securing adequate information as to the effect of an order is made available to road users is clearly correct. If the signs do not in fact provide adequate information no offence is committed;
I argue, therefore, that your departure from the DFT authorised plan by placing the 958 sign AFTER the taper line substantially exacerbates your problem concerning enforcement. In any event, most of the signage in place directly contravenes the Traffic Signs Manual Chapter Three in terms of their very meaning. Furthermore, there is a plethora of signage and, indeed, placed in positions which again contradict the said TSM. I rely upon case no: 2240270679 in this regard. I also say that you have added extra signage which is non-compliant with TSRGD 2016.
3. I put you to strict proof that the camera at the said location has the correct VCA approval.
4. The Enforcement Notice limits to one ground of representations.
5. Service and delivery are two entirely different concepts and “delivery” is not mentioned in the Act. The Enforcement Notice substantially departs from the statutory scheme in terms of 4 and 5.
In light of the above, I request that you cancel the PCN and EN forthwith.
Signed
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Yesterday's outcome:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hammersmith-and-fulham-being-in-a-bus-lane-shepherds-bush-rd-southbound-offside-/msg34058/#msg34058
