Hi,
recived PCN for being in bus lane, here:
Have carried out initial appeal on council website however has been rejected so wondering whether this is worth fighting further. any help appreciated.
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appealed on the council website with the following appeal:You have stated
I challenge this Penalty Charge Notice on the ground that the alleged contravention did not
occur, as the bus lane restriction was not adequately or lawfully conveyed.
1. Non-compliance with DfT authorisation
I understand that this offside bus lane operates under a special Department for Transport
authorisation. However, the signage as installed on street does not appear to correspond
with the authorised layout, in particular regarding the use and positioning of the reversed
diagram 958 sign.
The reversed 958 sign currently relied upon to indicate the start of the bus lane is, by its
nature, a warning sign, yet it is being used in practice as a regulatory indication of the
commencement of the restriction. Furthermore, its positioning after the taper line
significantly reduces its effectiveness and does not provide adequate advance information
to a driver before they are committed to the lane.
I therefore request that the council provide:
A copy of the DfT authorisation for this bus lane and signage layout
Confirmation that the signage in situ on the date of the alleged contravention exactly
matched that authorised layout
Evidence showing the position of each sign relative to the taper and commencement of the
restriction
2. Adequacy of signage in law
Even where signage is prescribed or authorised, it must still be adequate in practice. This
principle was confirmed by the High Court in R (Oxfordshire County Council) v The Bus
Lane Adjudicator [2010] EWHC 894 (Admin), where Beatson J stated:
“The fact that signs are prescribed or authorised does not mean they are sufficient for
securing that adequate information as to the effect of an order is made available to road
users. If the signs do not in fact provide adequate information, no offence is committed.”
In this case, the combination of the layout of the restriction, the placement of signage after
the taper, and the real-world driving conditions (darkness and wet road surface at 18:30 in
January, with glare and reflections from lights obstructing visibility) meant that the
restriction was not adequately conveyed to a reasonably diligent motorist before
committing to the lane.
3. Conflict with Traffic Signs Manual guidance
In addition, the positioning and practical effect of the signage appears inconsistent with the
guidance contained in the Traffic Signs Manual Chapter 3, both in terms of placement and
clarity. Taken as a whole, the signage arrangement at this location is confusing rather than
informative.
For these reasons, the restriction was not adequately conveyed and the alleged
contravention did not occur. I therefore request that this PCN be cancelled.
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They have now responded to my appeal with the following:My findings:
There are two bus lanes in this part of Shepherds Bush Road. The longest lane runs
southbound on the inside lane of the carriageway. On the approach to Hammersmith
Broadway, the second bus lane switches to the offside lane. This offside bus lane enables
buses to gain easier and safer access to Hammersmith Broadway Bus Station.
There is also a large blue and white sign at the start of the offside bus lane, showing the
times when it is operational. The bus lane is separated from the general traffic lane by a
thick white line. There is also sufficient space between the two bus lanes, for motorists to
remain in the general traffic lane.
With regard to your comments about signage, I can confirm that the bus lane is signed and
marked in accordance with the Traffic Signs Regulations and General Directions (TSRGD)
2016 and relevant Department for Transport (DfT) guidance. Advance warning signs and
upright regulatory signs (including diagram 958) are provided to clearly indicate the
presence and operational hours of the bus lane. Road markings, including the continuous
white line and “BUS LANE” carriageway legend, are also present and maintained to the
required standard.
Although you have referred to Department for Transport guidance and the case of R
(Oxfordshire County Council) v The Bus Lane Adjudicator, this case reference has no
bearing on the outcome of this case. Each case is considered on its own merits, and in this
instance the signage was sufficient to alert a reasonably diligent motorist to the presence
and operation of the bus lane.
Environmental conditions such as weather, lighting, or traffic conditions do not negate the
restriction or invalidate compliant signage. The Council’s policy does not allow for
exemptions due to weather conditions, as all road users are expected to drive with due
care and attention, adapting to environmental factors.
While the restrictions are in force, motorists should not drive in a bus lane. I am therefore
satisfied that the PCN was correctly issued.
A recording of the contravention can be viewed on-line by following the links on the
Parking pages at the Councils web site
http://www.lbhf.gov.uk or directly at
https://www.lbhf.gov.uk/pcn (select the link to "Challenge a Fine and View Images” and
follow the instructions) - The video can be seen below the photos
Photos can be viewed by clicking on the different numbers below the image displayed on
screen to move between them.
I have noted your request under the Freedom of Information Act. Please be advised, if you
require further information concerning the regulations, this request should be sent to the
relevant department, after which you will receive a separate response regarding this
matter.
For ‘Freedom of Information’ and Traffic Orders, please see the following links:
https://www.lbhf.gov.uk/transport-and-roads/roads-bridges-and-pavements/trafficmanagement/traffic-management-orders
https://www.lbhf.gov.uk/councillors-and-democracy/data-and-information/freedominformation
My decision
I have considered what you have said and all the available evidence, but I do not agree
that we should cancel your liability for this PCN.
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Wondering whether this is still beatable or worth a further appeal.
Thanks
