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[Note that cyclists have been calling for harsher punishments for drivers. They should have been more careful for what they wished]
rCLRoguerCY wardens accused of rCLlying in waitrCY for cyclists riding on pavement
beside busy roundabout, as two cyclists fined -u100 for breaching
anti-social cycling order at same spot
The wardens belong to the same agency that mistakenly fined a female
cyclist for riding on a shared-use path in the city earlier this year
by RYAN MALLON. MON, MAY 20, 2024 22:13
rCLRoguerCY wardens working for a local council have been accused of rCLlying in
waitrCY to catch cyclists riding on the pavement, after two riders were recently fined -u100 for briefly mounting a footpath to avoid navigating a notoriously busy roundabout and its rCLthick and fast motor trafficrCY, a penalty described by one of the cyclists involved as rCLunjustifiedrCY and rCLa
bit farcicalrCY.
The latest controversy surrounding ColchesterrCOs Public Space Protection Order (PSPO), ostensibly to prevent anti-social, nuisance, and dangerous behaviour, comes just two months after female cyclist Helge Gillmeister was also slapped with the -u100 fine for, according to the warden who stopped her, rCLriding on the footpathrCY rCo when, in fact, the path in question has been a shared-use cycle route since 2011.
Colchester Cycling Campaign rCo which has recently adopted a policy of non-cooperation with the council over the PSPO rCo says the recent surge in cycling-related Fixed Penalty Notices in the city (Dr GillmeisterrCOs fine was ultimately quashed) indicates that wardens contracted by the council rCLhave found a rich seam for finesrCY by targeting rCLlaw-abidingrCY people on
bikes.
The campaigners also questioned how rCLcareful cycling on the footwayrCY to avoid heavy traffic in a rCLcar-orientedrCY city can be judged anti-social or dangerous.
rCLAre you being serious?rCY
One of the two cyclists who found themselves on the wrong end of an overzealous wardenrCOs ticket machine last month, Stuart Braybrooke was cycling on ColchesterrCOs Magdalen Street, on his way back to his office on Wednesday 24 April, when he was stopped by a warden, an employee of the
Waste Investigations Support and Enforcement (WISE) agency, subcontracted
by Colchester City Council.
Much to the surprise of Braybrooke, who by this point had jumped off his bike, the WISE warden issued him with a -u100 penalty for breaching the
PSPO, an increasingly popular (and controversial) method used by local authorities to clamp down on what they deem to be dangerous cycling, and
one active travel charity Cycling UK says has the effect of criminalising
the act of riding a bike.
Another Colchester-based cyclist, Thomas Roper, was also handed the -u100 fine at the exact same spot beside St BotolphrCOs roundabout days later, with Roper appealing the decision only to have heard rCLnot one single thingrCY from
the council or WISE.
rCLI was riding down Magdalen Street, which is pretty hairy at the best of times as you approach St BotolphrCOs roundabout,rCY Braybrooke told road.cc about the bizarre incident that led to his fine.
rCLI crossed over at the lights by the bus stop, outside the courts, and rolled down the hill from there. I came up on the pavement by the bus stop, and thererCOs a dropped kerb outside the station and the court. I was riding on the pavement for about ten metres.
rCLAnd as I got to the other side of that, where the underpass for the roundabout is, the guys from WISE were stood there and put their hands out
to make sure no one got past, and I jumped off my bike.rCY
[Linked article] rCLWhy pick on a lone female cyclist?rCY Cyclist slapped with
-u100 fine rCo for riding on a cycle path
He continued: rCLAt the time, actually, they were dealing with somebody else, who was giving them what for, to be honest! I got off my bike and thought theyrCOll notice IrCOm not riding it, and theyrCOll say, rCymake sure you push it
around the cornerrCO, or whatever.
rCLBut they didnrCOt! They, almost without warning, said, rCyput your bike to the
siderCO, and took a picture of the ID around my neck and asked for my details. One of them was saying some stuff, but I wasnrCOt really paying all that much attention, because the other guy was ripping into them, shouting rCyI donrCOt care!rCO All this sort of stuff.
rCLI told them I was on my way back to the office from the university. Then he asked me for my date of birth and address rCo and I was thinking why do you want that? rCo and then he printed out a ticket! He said it was an offence to ride your bike on the pavement anywhere and it comes with a
fixed penalty notice.
rCLI had thought they were just going to tell me to be a bit careful rCo but then he said it was a -u100 fine! And I said, are you being serious?
rCL[Like Dr Gillmeister], I got caught off-guard, I didnrCOt know what was happening. I was in disbelief, genuinely shocked. IrCOm a pretty law-abiding guy, and I just assumed theyrCOd tell me to be careful and be on my way. But then they gave me a -u100 fine. It was very weird, and a bit farcical.rCY
Causing a nuisance or just getting from A to B?
Last autumn, Colchester City Council consulted on renewing its current PSPO (link is external), which covers the centre of the city and states that rCLusing a skateboard, bicycle, scooter, skates, or any other self-propelled wheeled vehicle, including electric scooters, in such a manner as to cause
or is likely to cause intimidation, harassment, alarm, distress, nuisance,
or annoyance to any personrCY.
At the time of the consultation, activists within the Colchester Cycling Campaign raised concerns that that the term rCyannoyancerCO could be used against rCywrong-wayrCO cyclists who rCLmerely want to go about their business as
quickly and smoothly as possiblerCY, something Stuart believes he was doing safely when he was stopped.
rCLI was riding pretty slowly and I would have jumped off my bike anyway, as itrCOs a bit of a blind bend around there,rCY he tells road.cc. rCLAnd the bottom
of Queen Street is a one-way street, so you canrCOt ride your bike up it anyway.
rCLIf the police issued you with a fine, and theyrCOre allowed to use their discretion, for riding on the pavement, it would be a -u30 fine. So where does this -u100 come from? And the guy at WISE who I rang told me the
council set the price, not the police.
rCLI also said, first thing, you need to tell me what yourCOre charging me with. And they told me the PSPO relates to people causing a nuisance or a disturbance rCo but no one cared that I was cruising along on my bike.
rCLNo one actually cared at that point. Had someone gone rCyOh shock, thererCOs
someone on a bike and this is dangerous,rCO then IrCOd have gone, fair enough,
IrCOve caused a shock and a nuisance. But I only caused a nuisance in the wardenrCOs opinion, and they could have polled everyone on the street and no one would have thought that.rCY
In an email to WISE following the incident, Stuart said: rCLI used the pavement for safety because there were no safe cycle lanes and I had been knocked off my bike earlier this year. No damage or disturbance occurred,
and the officer did not use discretion.rCY
Stuart also asked WISE for footage of the incident captured on a wardenrCOs bodycam, but this request was declined, with the agency insisting that the camera is solely used to protect the safety of their officers.
WISE also told Stuart that they had reviewed the footage and deemed that
the fine still stands. Braybrooke now plans to submit a data request to retrieve the footage and the officerrCOs witness statement, which he dismissed as rCLhearsayrCY.
rCLIt is a criminal offence and a safety risk to pedestrians to ride a bicycle on the pavement,rCY a WISE staff member said in correspondence with Braybrooke, while also noting that there rCLare no formal grounds of appealrCY
against a Fixed Penalty Notice.
rCLWhererCOs innocent until proven guilty?rCY Stuart asks road.cc. rCLIf we review
the video, I can prove that clearly I wasnrCOt riding reckless or dangerously, or even really on the pavement at that point, because I was on the dropped kerb.rCY
rCLI wasnrCOt riding a bike recklessly or dangerously, or being anti-social. It
appears I was charged with an anti-social order, it wasnrCOt anti-social! I donrCOt feel like this is a justified penalty notice.rCY
The dead-end nature of the appeals process for Braybrooke was also
reflected in his fellow cyclist RoperrCOs experience.
rCLI have emailed multiple times and have heard not one single thing,rCY Roper
says about his experience dealing with WISE following his fine. rCLNothing regarding my appeal, and nothing regarding my fine either. IrCOm not really sure what I am supposed to do!rCY
rCLA rich seam of finesrCY
The discrepancy between the wording of ColchesterrCOs PSPO and its implementation by WISE has also been highlighted by the Colchester Cycling Campaign, who criticised the fines dished out to Braybrooke and Roper,
while pointing out that such targeted campaigns by wardens will do little
to help engender a cycling culture in the city.
The campaign group also noted that the recent spate of cycling-related
fines appears solely to be the work of WISE, with a recent Freedom of Information request revealing that wardens directly employed by Colchester City Council are yet to issue any FPNs related to the new PSPO. The same
FOI request also found that wardens cannot issue penalties for rCLriding the wrong way up a footpathrCY.
rCLWe commented on the consultation for the second PSPO (we donrCOt believe there were any problems with PSPO1) and we raised a concern with the wording,rCY a Colchester Cycling Campaign spokesperson told road.cc.
rCLWe were assured at the time that it would be used only for rCyanti-social cyclists who ride their bikes at peoplerCO and those who rCycycle over flowerbedsrCO.
rCLInstead, cyclists who ride on the footway to avoid thick and fast motor traffic on St BotolphrCOs roundabout are being penalised for using the path. Have these wardens not heard about the Boateng defence? Can't they tell the difference between nuisance and anti-social behaviour?
rCLThe fact that the latest two offences that werCOve heard about have occurred
at the same spot suggests that these wardens have found a rich seam for
fines and are lying in wait.
rCLAs Stuart Braybrooke says, even if he encounters a pedestrian it is at most a nuisance for them. We donrCOt understand how careful cycling on the footway to avoid motor traffic in a car-orientated city rCo and giving way to pedestrians rCo can be judged anti-social.rCY
The spokesperson continued: rCLIt would seem these wardens, who work for a company called WISE, are contracted by the city council but are separate to the cityrCOs own wardens who have not issued any fixed penalty tickets against cyclists.
rCLTrying to engender a cycling culture is like raising delicate flowers yet we have these overzealous wardens trampling through our garden in their
size 11s.rCY
[Linked article] rCLObstacle courserCY cycle junction a rCLruse to drive motorists out of the townrCY, claim drivers rCo but cyclists praise long-awaited layout change
ColchesterrCOs car-oriented approach highlighted by the campaign group is also underlined by StuartrCOs chequered past with the cityrCOs questionable cycling infrastructure, which saw him struck by a motorist while riding in
a cycle lane, breaking his bike, before very narrowly missing another collision with a right-turning driver on the same road just a week later
(and in-between those two incidents his just-repaired bike was stolen, to
rub salt in the wound).
rCLAfter that, I was like, IrCOm not loving riding down these roads anymore,rCY
he says. rCLHaving had that experience, there doesnrCOt appear to be anywhere cyclists are safe on Magdalen Road and St BotolphrCOs roundabout. So, it doesnrCOt sit with me very nicely cycling in that part of town.rCY
rCLA kick in the knackersrCY
The Colchester cyclist also agrees with the campaigners who argue that the councilrCOs engrained anti-cycling culture rCo embodied in not just the trigger-happy actions of its contracted wardens but also its outdated lack
of bike-friendly infrastructure and plethora of one-way streets rCo is only serving to discourage, not encourage, people from riding their bikes in the city.
rCLIrCOm a middle-aged guy, IrCOm not streetwise but IrCOm not an idiot. I cycle
for health and environmental benefits, and my kids ride every day, rain or shine. We love riding bikes. So this feels a bit like a kick in the knackers,rCY he says.
rCLThey can say, oh yourCOre doing right by your health and the environment, cycling is the best form of travel, but werCOre going to be really unaccommodating to you.
rCLAnd funnily enough, I was doing the same route the following week. And I pushed the bike rCo because St BotolphrCOs roundabout is not one you want to do
on a bike, because itrCOs so imposing rCo exactly where they were stood the previous week.
rCLAnd believe it or not, I pushed it around the corner and fell over my own bike! And I nearly knocked into this woman rCo so I was much more of a danger pushing it than riding it.rCY
Reflecting on the recent plethora of cycling PSPO breaches in Colchester, Stuart added: rCLI felt at the time like IrCOd been a one-off and that I was really unlucky. But it kind of feels like theyrCOre placed on the narrowest part of the footpath, they let the guy who was swearing because he refused
to give them any details. He was actually being incredibly anti-social, whereas I was being completely compliant. So that felt unjustified.
rCLThen you hear itrCOs been happening to other people, and you think theyrCOre
targeting those who look like theyrCOre quite law-abiding. TheyrCOre issuing them with fines and using the scarcity principle to say rCypay it quickly or yourCOll go to courtrCO rCo that threat targets people who are risk-averse and
law-abiding, and catches them confused about the whole situation, like I
was.
rCLItrCOs like a scam almost, like yourCOve been caught out on a scam on holiday.
I didnrCOt know anything about these people, I didnrCOt know about the PSPO, I
ride my bike every single day and have done for years. And all of a sudden, these guys pop up to put a sticker on me as IrCOm riding past. So I felt a little bit targeted.
rCLIrCOve got a bike bell, IrCOve goy my helmet, lights, mudguards. ItrCOs not like
IrCOm raring around, being anti-social, IrCOm Captain Sensible! IrCOm well aware
IrCOm sharing an area with people.
rCLThese are basically rogue officers targeting law-abiding cyclists, and once your wheel hits the pavement thatrCOs you done for, unless yourCOre pushing it.rCY
[Linked article] Two cyclists ordered to pay -u500 for riding bike through town centre, as councillor says local authority rCLwill not simply look the other wayrCY and that cyclists rCLhave been rightly punishedrCY
When approached for comment by road.cc, Liberal Democrat councillor Martin Goss, who is raising the issue in the local authority on behalf of the Colchester Cycling Campaign, said: rCLAt this stage the matter is under investigation and as with all fixed penalty notices these are part of a
legal process, so it is not appropriate to comment until the investigation
is fully concluded.rCY
As noted at the start of this article, both Braybrooke and Roper can take some heart from the recent experience of Helge Gillmeister, who was cycling home from work in March, along a path located next to the cityrCOs busy Southway, when she was also issued with a -u100 fine by a WISE employee for breaching the PSPO.
Describing her punishment as rCLridiculousrCY, especially due to the presence of signs indicating the pathrCOs shared-use status 30 yards from where she was stopped, Gillmeister quickly and successfully appealed the FPN, with
the council agreeing to waive her fine.
That particular debacle inspired the Colchester Cycling Campaign to adopt a policy of rCLnon-cooperationrCY with the council, while urging cyclists to refuse to give their names or addresses if stopped by wardens for riding their bikes in what campaigners have described as a rCLcity designed for carsrCY.
<https://road.cc/content/news/wardens-accused-lying-wait-pavement-cyclists-308467>