I can't say that I've not heard that before, but I didn't start this thread to receive statements of opinion.
I've been arguing the problem for over three weeks, and I have sought industry advice from other parties.
The fact is that H&B have allowed 25mm of swing arm travel before it smacks into the pannier frames, and that measurement is taken without a rider. If they had allowed for 15mm additional lateral clearance there would have been no issues.
The debate is with regards to the safety aspect of placing a restriction on the amount of travel that is available to the rear wheel and swing arm. The design of their rack simply lacks common sense.
After all, Triumph themselves offer the Fox shock as an alternative, so in my mind, at least, the possibility that any shock could be installed should have been considered.
I'll have to wait and see, but it wouldn't surprise me if someone has had the same problem with the stock shock. I weigh 14st/90kg/200lb, so not particularly heavy; a rider with additional weight might be a different story.