Author Topic: PCN Buslane Shepherds Bush Rd Southbound Offside  (Read 507 times)

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PCN Buslane Shepherds Bush Rd Southbound Offside
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Any advice about whether it is worth challenging this PCN I was not aware I was in buslane impossible to see on dark rainy night I was following the traffic in front of me.
Thanks
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Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #1 on: »
This is a well known spot for PCNs. Some appeals are successful, some not. The signage and road-markings have changed over the years, but you can try searching this forum (top r-h corner of this page) with  shepherds bush bus lane  as the search term.
Here are a couple of threads

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/34j-being-in-a-bus-lane-camera-enforcement-shepherd-bush-rd-southbound-5233/msg59288/#msg59288

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-/msg20795/#msg20795

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/34j-being-in-a-bus-lane-camera-enforcement-shepherd-bush-rd-southbound-offside/msg50582/#msg50582

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/motorcycle-in-bus-lane-confusing-sign/msg34053/#msg34053

Meanwhile, please post up the rest of the PCN, the video (which is the evidence), and a GSV link to the location.

Hopefully @Hippocrates (a learned member who has had success here) will be able to help you with this one.
« Last Edit: February 28, 2025, 07:32:58 am by John U.K. »

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #2 on: »
Just throwing in my two pence, as I have also been done here before (and fought it, and won).

I had to go all the way to the Tribunal Stage however,

Long story short; the signage the DfT approved doesn't match what is there. This was the grounds of my success.

Various defences have been successfully put forward as well. They've recently adjusted the signage (I drive past daily) with advance warning notices, as well as a massive sign saying bus lane on the right which you shouldn't miss, but, as it stands it doesn't meat the approved layout per the DfT.

Good luck.

Oh, and in my rejection letters they were simply copy and pasted from elsewhere. I asked questions in my appeal (such as what does 2+2 equal) and they were not answered; verbatim responses no less from PePPpioo's other victims.

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #3 on: »
This is the authorised plan, which they do not follow.

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Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #4 on: »
Most recently I have won 2 out of 2 at this location. I also have substantial correspondence with H and F over 10 years and the DFT.  They have now added extra "warning" signs which are actually 959B signs. The actual reversed 958 sign they use to indicate the bus lane start is actually a warning sign. I said to Mr Greenslade in the second case below it reminded me of Morecambe and Wise: playing the right notes but not necessarily in the bright order. Eric to Andre.

2240326638.

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

And: 2240418124.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/motorcycle-in-bus-lane-confusing-sign/msg43158/#msg43158

Plus this is useful: 2240105209

If you want my help, better to correspond via e mails. I am also considering a big "discussion" with DFT over this for them to explain why they have departed from Chapter Three TSM and ask them to rescind the authorisation and/or change the signs.

**

Draft:

Dear Hammersmith and Fulham

Re PCN: HZ81783446

I challenge the PCN 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. The actual reversed 958 sign they use to indicate the bus lane start is actually a warning 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 that,

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.

3. All your signs wholly contradict the TSM Chapter Three in terms of their very positions and actual meaning.

In light of the above, which clearly expresses this total confusion of signage, I request that you cancel the PCN forthwith.

Name

Registered keeper

Address

**

Be prepared for the long time and they do not reoffer the discount if your reps. against the Enforcement Notice are not successful.
« Last Edit: February 28, 2025, 11:34:50 am by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #5 on: »
OK thank you so worth a challenge using what you have sent as a draft?

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #6 on: »
Yes indeed. Not only did they not turn up in both the cases (fatal) but also we won on their evidence in the first one too.

So, please sign my petition in my signature.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #7 on: »

Re: PCN Buslane Shepherds Bush Rd Southbound Offside
« Reply #8 on: »
Done