Cycling Law Advice

hewes

Ok....

I was accepted as a candidate awaiting a date for joining. I was given a summons which I answered and was given no choice by my solicitor, who was the only one I could afford, since legal aid was declined to me (apparently trha fact that I could possibly lose my placing and job doesn't count on the rules for legal aid).

Pled guilty, told the police immediately, and was told there was no place for me anymore, and appealed that to no avail. This was my only appeal, against the decision, and as yet (nor probably at all) against the ticket.

The irony of this all is not lost on me.

I simply wanted to check, since I know my solicitor was about as much use as a chocolate teapot, was that what I was doing was indeed wrong, and there was not another interpretation of the law given that I was approaching a council installed cycle park.

Thanks to the constructive responses, now I get to go back to beating myself over the head wishing I hadn't left work 5 minutes early that day.

PS - edit - Of course I did not give any backhcat or otherwise disrespect the officer who gave me the original notice

Beeblebrox

dilemna, how on earth did you write so much about this?

dilemna

hewes wrote:

I simply wanted to check, since I know my solicitor was about as much use as a chocolate teapot, was that what I was doing was indeed wrong, and there was not another interpretation of the law given that I was approaching a council installed cycle park.

Thanks to the constructive responses, now I get to go back to beating myself over the head wishing I hadn't left work 5 minutes early that day.

PS - edit - Of course I did not give any backhcat or otherwise disrespect the officer who gave me the original notice

Right now you have given a little more flesh to the bones so it is a little easier to offer some constructive advice. Bear in mind that the advice given here may not be the actual state of the law if you seek to rely on it. Given that you say you readily admitted to your infraction at the time of the offence it is strange that you were not issued with an FPN on the spot but were instead summonsed. The officer must have though that his powers were insufficient to deal with the magnitude of the offence! That does seem harsh especially as the court subsequently exercised no discretion considering your forthcoming appointment. I get the feeling they just wanted to make an example of you. I am surprised you still want to join the police force. Maybe you no longer want to after this experience. You just want to clear your name as you feel you have been served an injustice.

Right unfortunately more info on the actual site of the council bike park and a pic would be really helpful. In fact what I would say if you want to challenge this you really need to discuss with the solicitor who represented you despite what you feel about him/her. Maybe you have to do a bit of legwork yourself regarding the facts and the status of the council bike park, any bye laws and the proximity to the adjacent road. Again any signs nearby or markings. Also study the highway code. It is so difficult giving advice on a forum such as this and you should not rely on it. However if you feel you are getting nowhere with your solicitor then go somewhere else for a free 30 minute consultation. Unfortunately after this it will cost you, but the solicitor will advise you. Bear in mind that you may have certain time limits with regard to appealing the judgement against you, if indeed, you can appeal it. Maybe you can't I don't know. If you feel the solicitor who represented you did an especially poor job you can always complain to the Solicitors Regulatory Authority (SRA). If you are member of the CTC or LCC then give them a call as they have arrangements with specialist solicitors to give free advice to members. But if you are not able to make use of thir services then to challenge this will cost you money. It depends how eager you are to clear your name and or join the police in 2 years time. If it were me I would have very firmly changed my mind about joining the police. It sounds like it has been a tough lesson. But if you did admit to the offence I can't see how you can reverse that now unless you can argue that the court made an error in law, as opposed to the facts, ie you were entitled to cycle on the pavement between the cycle parking area and the road. You need specialist advice.

bluesacs

Still, only two years to wait before you get to hit ladies on the leg with a big stick.

Anonymous

bluesacs wrote:

Still, only two years to wait before you get to hit ladies on the leg with a big stick.

Why do you have to be a policeman to do that?

Tino4444

hewes wrote:

I'll go back and get some more photos, but in the mean time, the location of the "offence" is (according to google maps)

http://maps.google.co.uk/maps?f=q&sourc ... _w&split=0

the position I marked is where the cycle park is (even if you can't see it), and I was about 10m North of that.

PS it was a Police officer, it was at night, hardly anyone around and I had lights on my bike and had a high vis jacket on.

Hi,

Just out of interest how did the Police officer deal with this issue?

Did he take down your details and hand you a producer, or physically take you to the police station?

It has never happened to me and so I could be wrong but if the Police Officer asked for your details and handed you a producer could you not have given him false details?

There are no license plates on your bike as there are on a car so if you gave the officer false information how would they know if your lying about your ID or not? do they make a call or something to check out if the details you have provided are correct? And even if they did If you know all the personal details of ANother (name, address etc) then the information you have given will show an accurate match against someone else when they do a check.

What would happen if you now said ''actually it was not me on the bike that evening and you must have me mistaken for someone else who by all accounts has given my details instead of their own to get out of the offence?'' Where there any CCTV cameras in the area?

Please advise as I am interested to know in case I get stopped for a cycling incident by a police officer.

Thanks,

Tino.

batch78

Don't stop, the donut chompers are hardly gonna chase you!

Anonymous

Tino, you are perverting the course of justice there which carries quite a hefty prison sentence...

Batch78, if caught however there is an offence of failing to stop for a police officer which can leave you liable to arrest...

Police officers check various systems such as voters, precons, ID. If they aren't sure and connot confirm your identity to their satisfaction you can be arrested, taken to the police station whilst all this is checked. If it is confirmed you have given false details then it is more than your job you should be worrying about...

batch78

Yes that is all very true, and I wouldn't lie if they did have me cornered.

But I also don't blatantly break the law. If I chose to, not stopping is the only sensible option. :twisted:

Anonymous

But then you'll be breaking the law by not stopping and liable to be arrested when caught.

batch78

IF caught!

Anonymous

So you'd run the risk of losing your job etc and never ride past that same place again (despite the fact that it is outside your place of work) for the sake of 30 quid?

sebastiandangerfield

Tino,

What are we supposed to produce? A cycle proficiency certificate!?

Anonymous

sebastiandangerfield wrote:

Tino,

What are we supposed to produce? A cycle proficiency certificate!?

I did wonder what the producer would be for myself...

ellieb

Jeeez. I'm all for (potential) police officers being squeaky clean when it comes to the law, but somewhere this country has gone seriously wrong if an offence like this leads to the result it has. Just crazy. The OP has my sympathy... for what its worth.