Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: whatonearth on December 20, 2024, 03:36:39 pm
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Forgive my asking, but where is the diagram 959B (start of with-flow bus lane)? I can't see it between the start of diagram 1049A (the thick white line at the outside of the bus lane) and the end of diagram 1049A. Bus lanes are defined by the bundle of diagram 1048 (BUS LANE road marking), diagram 1049A (thick white line) and either diagram 959B (start of with-flow bus lane) or diagram 960 (start of contraflow bus lane). Or am I missing something (as the DfT traffic authorisation is pre-2011, it's not available on-line, so I may be)?
Apart from diagrams 1048 and 1049A, all that I can see are:
- the lead-in taper (diagram 1010);
- a deflection arrow (diagram 1014);
- offside with-flow bus lane ahead (diagram 958).
These are all part of the advance signage and not part of the bus lane. That begins where the thick white line starts. They're advised in the Traffic Sign Manual but aren't legally required (although an adjudicator may take a dim view if they aren't there).
I can also see a diagram 959B for the nearside with-flow bus lane, but that's irrelevant.
If diagram 959B doesn't lie as close as practicable to the start of the bus lane, how is Hammersmith & Fulham able to allege that a contravention has occurred? If appeals have been allowed based on the absence of proper signage and it hasn't remedied the defects, it's abusing the legal system by seeking to enforce that which has been found to be unenforceable.
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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.
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. You have played fast and loose with the Traffic Signs Manual in terms of the signs placed and their original and purposive meaning. You have placed a warning sign (958) to indicate the start of the lane and 959B signs as warning signs which normally indicate the beginning of a with flow bus lane.
In light of the above, which clearly expresses this total confusion of signage, I request that you cancel the PCN forthwith.
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PM sent.
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Ah ah! My favourite place. I have won two recently and will PM you my details and exactly what to say.
Thank you Hippocrates. I would appreciate that. Looks like this bus lane has been an absolute cash cow for the council !
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Ah ah! My favourite place. I have won two recently and will PM you my details and exactly what to say.
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As you've found out, this is a "hardy annual" that continues to deliver for this useless council.
May I suggest you do a search of the London Tribunals Statutory Register, entering the location shown on the PCN.
https://londontribunals.org.uk/ords/pwslive/f?p=14952:30::INITIALISE::Y::&cs=3AE3YXJT1pldK6_KBE6kEUOTF1Vk0Kh5bsJLFpFjOX7vz_d9gjWn4j7CcIiucxuWU5tmKAQC0SiL9t-vaRq0D9g
FOr the verdict, type in "Appeal allowed". This will bring up all the successful cases
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Hello,
Two PCN's have dropped through the letterbox today for the same offence on consecutive days. I think it's an absolute swizz - the signage is confusing and appears after the buslane has started. The buslane also appears to only last for about 20 metres before ending.
I've seen there is previous on this. Any advice and help would be appreciated. Is the argument still valid from earlier posts ?
Many thanks
Street view of bus lane: https://maps.app.goo.gl/6MreLK93xoq8KvgK7
Article regarding previous judgement:
https://www.standard.co.uk/news/transport/the-shepherds-bush-bus-lane-which-raked-in-ps1m-with-confusing-signs-8498962.html
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