Reply #3 on: September 13, 2026, 01:49:00 pm
#4
And yet another DNCed notwithstanding the "AI nonsense"! 2260422827
FORMAL REPRESENTATIONS
1. I am in possession of the special DFT authorisation for this offside bus lane and clearly the council have departed from the agreed plan of the layout of the signage, in particular the sign to diagram 958.
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 the departure from the DFT authorised plan by placing the 958 sign AFTER the taper line substantially exacerbates the problem concerning enforcement.
3. The placement of the said sign to diagram 958 is too late and it is a warning sign according to Chapter Three TSM. In fact, I say that all the signage placed is contrary to their meaning according to the TSM.
4. I also impugn the DFT re this plan which contradicts everything published in the TSM Chapter Three.
In light of the above, which clearly expresses this total confusion of signage, I ask that my appeal be allowed.
RESPONSE
Dear Sir / Madam
Location : Buslane Shepherds Bush Rd Southbound Offside
Thank you for writing to us about the above Penalty Charge Notice (PCN)
.
I am writing in connection with your appeal to the London Tribunals Environment and Traffic Adjudicators.
We have decided, without prejudice to our position, to cancel this Penalty Charge Notice (PCN).
We will therefore not be contesting your appeal and have advised London Tribunals of our decision.
Please be advised that this is not an acceptance of your arguments. We remain satisfied that the PCN was correctly issued. This is purely a one-off discretionary gesture with advice.
You have argued that the sign is in a different place to the location shown on the Department for Transport Authorisation map.
I believe you have obtained this argument directly from AI. AI is completely wrong on this matter, and is incorrectly advising drivers. Please see bottom of my letter.
There are two different bus lanes in this direction of traffic in Shepherd’s Bush Road. They are not the same bus lane.
The first one is the much longer nearside bus lane. It has an ‘end of bus lane’sign, before the second offside bus lane begins.
The second one is the shorter offside bus lane, which is the bus lane where the alleged contravention occurred.
This offside bus lane is a short one, about four car spaces in length.
This short second offside bus lane close to Hammersmith Broadway is clearly separated from the correct traffic lane.
There are a total of seven separate indicators for this bus lane – the surface is red tarmac, the surface has the words BUS LANE painted on it in white, it has a thick whiteline separating it from the correct lane, it has a directional arrow on the road surface telling motorists in advance to keep left, it has a taper leading up to it, and it has a blue and white roadside sign.
In addition, there are two advanced warning signs in place either side of the road, before the offside bus lane begins. These are voluntarily-added advanced warning signs outside and opposite the police station / library. They were added in recent help to drivers after the DfT Authorisation was granted.
The blue and white sign, which gives details of the applicable restrictions, is in the authorised position to warn drivers travelling southbound on Shepherds Bush Road that there is a bus lane ahead. The sign shows clearly that the bus lane is in the right-hand lane ahead and the hours during which restrictions apply.
The bus lane operates Monday to Saturday from 7am to 10am and also from 4pm to 7pm.
While an off-side bus lane may not be common, it is by no means unique. This bus lane is designed to get buses approaching the junction with Hammersmith Broadway through the first green light. The majority of buses need to turn right into Hammersmith Bus Station once they have passed through the traffic lights and the bus lane is designed to give them priority to do this.
The bus lane is therefore in existence solely to assist TfL buses, and given the obvious need to prioritise London Buses over private vehicles, the location is strictly enforced.
The bus lane is configuration is as well as it can be in the Council’s opinion, and is DfT authorised.
The recording shows that the blue bus lane sign on the left was clearly present, and was not in any way obscured by vehicles.
The sign is slightly angled towards traffic to make it easier for all oncoming drivers to see it.
The recording also shows that all of the road surface bus lane markings were clearly present. The road markings had been recently refreshed, and they should have been extremely clear to the driver. You also previously passed the voluntarily-added advanced warning signs outside and opposite the police station / library.
In addition to having a valid Traffic Management Order, this bus lane also received a 2006 Department for Transport authorisation. The DfT authorised this bus lane as having one blue sign, and in substantially the same the position that it is currently in. We therefore submit that this bus lane in its current form is both enforceable and also meets statutory requirements, because a DfT authorisation in its current form was both sought and was obtained.
The DfT Authorisation deems this bus lane compliant. NB the Council is permitted in the TSRGD a 5% tolerance away from the original DfT map and plan. This 5% tolerance was used when the road was resurfaced and signage / markings were slightly moved from the original plan, several years ago.
As no more than 5% difference was involved, the slightly changed layout remainsfully authorised by the DfT.
As you have now been fully informed, any future PCNs issued in similar circumstances may not be cancelled.
Yours faithfully
S Winters.Suggested contact for this officer: s.w.@gobbledegook.com_rightnotes/wrongorder 
Last Edit: September 13, 2026, 09:47:08 pm by Hippocrates
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