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fined for cycling on the pavement



 
 
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  #1  
Old November 11th 05, 02:29 PM
Ben Fitzgerald
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Default fined for cycling on the pavement

Hi,

I just got fined £30 for cycling on the pavement. Here is what happened:

I was on my way back from collecting something. my bike gear cable
snapped so I was stuck in quite a high gear, making it difficult to
accelerate. I was on a busy road going uphill in two lanes of traffic.
Also my gear chain kept slipping, making it a bit difficult to ride in a
straight line, so I got off the road and onto the pavement, rather than
risk getting run over.

I was going along experimenting, trying to get the gear to stay in one
place so I could at least get home. I was going slowly and I stopped
before crossing a road. When the traffic cleared I crossed the road to
the other side of the pavement. A "community support officer" stepped
out in front of me (he could do this as I was travelling at 2mph tops).
He just said " you are riding on the pavement, I'm going to give issue
you with a fine".

Didn't ask me anything! The fine is £30. Haven't these people got anything
better to do? I have never spoken to any police before today. I went to
complain at the local station but they just said I'd have to appeal in
court and risk incurring costs. Appeal in court? For riding on the pavement
at 2mph nowhere near anybody???

His colleague came along and asked me and I admitted I'd been on the
pavement, but for the reasons I stated above. I showed them both my
snapped gear cable.

I normally always cycle on the road. I have never been fined for
anything, ever!

Has anyone else experience this? Is it worth appealing, or is that just
a formality.

Thanks in advance,

Ben.


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  #2  
Old November 11th 05, 02:35 PM
helen s
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Default fined for cycling on the pavement


"Ben Fitzgerald" wrote in message
in...
Hi,

I just got fined £30 for cycling on the pavement. Here is what happened:


snippity...


I normally always cycle on the road. I have never been fined for
anything, ever!

Has anyone else experience this? Is it worth appealing, or is that just
a formality.

Thanks in advance,

Ben.


I have no sympathy. Cycling on the footpath is a no-no. If you have a need
to be there, dismount and push your bike whilst walking alongside it. IMO
complaining about being done for cycling on the pavement is a bit like a
speeding motorist complaining about being caught by a speed camera "But
honest, the road was clear, there was no-one else about! I wasn't harming
anyone!"

Sorry if that's not what you wanted to hear, but there was nothing stopping
you pushing your bike...

Cheers, helen s





  #3  
Old November 11th 05, 02:37 PM
sothach
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Default fined for cycling on the pavement

How did they ID you? Somehow can't see "Ausweiss, Bitte!" getting them
too far in the UK...

  #4  
Old November 11th 05, 02:50 PM
Adrian Boliston
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Default fined for cycling on the pavement

"Ben Fitzgerald" wrote in message
in...

...
I was going along experimenting, trying to get the gear to stay in one
place so I could at least get home. I was going slowly and I stopped
before crossing a road. When the traffic cleared I crossed the road to
the other side of the pavement. A "community support officer" stepped
out in front of me (he could do this as I was travelling at 2mph tops).
He just said " you are riding on the pavement, I'm going to give issue
you with a fine".


Was this an officer in uniform? If so how come you did not see him and have
the sense to dismount before he booked you?


  #5  
Old November 11th 05, 02:52 PM
Clive George
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Default fined for cycling on the pavement

"Ben Fitzgerald" wrote in message
in...

snip tale of fine

Possibly a bit overzealous - a lot of plod will just tell you to get off
(BTDT), rather than jumping in with the fine, provided you're not obviously
taking the ****. Community plod may well be keener to fine, since it's
closer to their job (real plod's job being to keep the place running
sensibly).

However the fact remains you were breaking the law, and they are allowed to
fine you for it, so you're probably stuffed. Next time look out for people
in uniform.
(of course if you've got a mechanical problem which requires slow pedalling
to try and solve, it may be amusing to ask for their help...)

cheers,
clive


  #6  
Old November 11th 05, 02:58 PM
Pinky
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Default fined for cycling on the pavement

Without looking in detail is smack of another issue posted by this NG's
least favourite troll

But I do agree that, if it is real, it was totally right and correct.

In my area, around Doncaster- where I cycle daily- I see far more people
cycling on the pavements than on the roads at all time of the day. And I am
not talking about children!

--
Trevor A Panther
In South Yorkshire,
England, United Kingdom.
Remove PSANTISPAM to reply
"sothach" wrote in message
oups.com...
How did they ID you? Somehow can't see "Ausweiss, Bitte!" getting them
too far in the UK...



  #7  
Old November 11th 05, 03:07 PM
killermike
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Default fined for cycling on the pavement

On 11 Nov 2005 13:29:55 GMT, Ben Fitzgerald wrote:

Hi,

I just got fined £30 for cycling on the pavement. Here is what happened:


[snip]

Sounds a bit strong given the circumstances. Bad luck.

I ride on the road but occasionally, I may cut across a bit of path if I
think that the situation warrants it and doing so presents no inconvenience
to others. Perhaps I should stop risking it as I don't really fancy a 30
quid fine :-0

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  #8  
Old November 11th 05, 03:22 PM
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Default fined for cycling on the pavement

If it were me I would definitely appeal. There are guidelines issued
regarding the use of FPN's including by community wardens, and it does
not seem there were followed. After all if the guidelines on speed
enforcement are not followed to the letter (and the almost always are)
motorists are very quick to appeal. I feel you no more deserved a fine
than a motorist illegally doing 71 Mph on a clear motorway. Imagine the
outcry if the police started doing that!

First of all you should quote what Home Office Minister Paul Boeteng
said when he issued a letter making it clear when FPN's should be used.
to quote:

'The introduction of the fixed penalty is not aimed at responsible
cyclists who sometimes feel obliged to use the pavement out of fear of
traffic and who show consideration to other pavement users when doing
so. Chief police officers, who are responsible for enforcement,
acknowledge that many cyclists, particularly children and young people,
are afraid to cycle on the road, sensitivity and careful use of police
discretion is required.'

Secondly, I have a letter sent to me from the Home Office regarding
the Use of FPN's by 'Community wardens which reinforces the above:

The Home Office
7th Floor, 50 Queen Anne's Gate, London
SW1H 9AT

Telephone: 0870 000 1585
Fax: 020 7273 2065
Textphone: 020 7273 3476

E-mail: publicenquiries (at)homeoffice.gsi.gov.uk
Web Site: www.homeoffice.gov.uk

Reference: T5080/4 23 February 2004

Thank you for your e-mail dated 22:01:2004 14:07:11 about cycling on
the pavement.

The enforcement of cycling offences is an operational matter for
individual chief officers of police. The Government wishes to promote
cycling, but are concerned about irresponsible cycling which cannot be
condoned.

One of the key aims in the police reform process is to free up police
officers for front line operational duties and to harness the work of
the extended police family in supporting the police in tackling low
level crime and anti-social behaviour. To help the police deal with
cyclists who use the pavement inconsiderately or irresponsibly the
Government included provisions in the Police Reform Act which received
Royal Assent on 24 July 2002 which will enable Community Support
Officers (CSOs) and accredited persons to be given the power to issue
fixed penalty notices for offences such as cycling on the pavement.
CSOs and accredited persons will be accountable in the same way as
police officers. They will be under the direction and control of the
chief officer, supervised on a daily basis by the local community beat
officer and will be subject to the same police complaints system.

The Government have included provision in the Anti Social Behaviour
Bill to enable CSOs and accredited persons to stop those cycling
irresponsibly on the pavement in order to issue a fixed penalty notice.
I should stress that the issue is about inconsiderate cycling on the
pavements. The new provisions are not aimed at responsible cyclists
who sometimes feel obliged to use the pavement out of fear of the
traffic, and who show consideration to other road users when doing so.
Chief officers recognise that the fixed penalty needs to be used with a
considerable degree of discretion and it cannot be issued to anyone
under the age of 16.

The cycling infrastructure and environment are currently under
improvement as a result of our National Cycling Strategy. We expect
this improvement to reduce the incentive to cycle on the pavement.

Yours sincerely

John Crozier

So at the very least make a fuss and send them copies of the above. I
have heard of cases where over-zealous 'Community wardens' have been
moved on after such complaints have been made. Definitely get onto the
CTC's legal team if you are a member. At one time they were supposed to
be monitoring abuses of the use of FPN's such as this.

  #9  
Old November 11th 05, 03:57 PM
Ben Fitzgerald
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Default fined for cycling on the pavement

On Fri, 11 Nov 2005 13:35:45 +0000 (UTC), helen s wrote:

"Ben Fitzgerald" wrote in message
in...
Hi,

I just got fined £30 for cycling on the pavement. Here is what happened:


snippity...


I normally always cycle on the road. I have never been fined for
anything, ever!

Has anyone else experience this? Is it worth appealing, or is that just
a formality.

Thanks in advance,

Ben.


I have no sympathy. Cycling on the footpath is a no-no. If you have a need
to be there, dismount and push your bike whilst walking alongside it.


even if I was just trying to get my gears working? I couldn't do this on
the road as it was busy. There were no pedestrians!

IMO complaining about being done for cycling on the pavement is a bit like a
speeding motorist complaining about being caught by a speed camera "But
honest, the road was clear, there was no-one else about! I wasn't harming
anyone!"


slightly different case. typically this will be a photograph making it
difficult to validate this claim. in this case the guy knew I wasn't
causing a danger. he could have used his common sense and I would have
taken that warning.

Sorry if that's not what you wanted to hear, but there was nothing stopping
you pushing your bike...


well, no but I was just tring to get it going in the hope of getting
back on the road.

ben.

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Registered Linux user number 339435
  #10  
Old November 11th 05, 04:00 PM
Ben Fitzgerald
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Default fined for cycling on the pavement

On 11 Nov 2005 05:37:30 -0800, sothach wrote:
How did they ID you? Somehow can't see "Ausweiss, Bitte!" getting them
too far in the UK...


ah hindsite is a wonderful thing!

being a law-abiding guy, when asked for my name and address I didn't
dare lie. he didn't ID me so if I could do it again I would...well!

cheers,

ben.


--
Registered Linux user number 339435
 




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