Cycling to work

richrush
richrush Posts: 12
edited September 2015 in Commuting general
I've deleted this post as people are now getting sacked at work for posting stuff about work
Rich

Comments

  • Snakebite the 2nd
    Snakebite the 2nd Posts: 452
    It all sounds a bit off at first glance!

    It sounds like quite a complicated situation that has a few twists and turns along the way.

    Having a Health related job, are you in a union?
    A bit drastic, but if someone is having a pop at you it might be worth seeking advice.
  • richrush
    richrush Posts: 12
    edited October 2015
    Deleted post
  • thistle_
    thistle_ Posts: 7,218
    [url=http://www.bikeradar.com/forums/viewtopic.php?p=19693755#p19693755]richrush[/url] wrote:
    Hi, yes having a pop is certainly the case.
    Ages ago I had a problem where I dropped my bike lock off at a new workplace on BH Monday, came to retrieve it Tuesday morning and it had been cut off the railings (there's a thread on here about it).

    It was just someone being a jobsworth, and his employers seemed to take my side and paid for a replacement lock.

    Either complain yourself and ask for details of where you can and can't leave your bike, or get your union to do the same.

    At the place I work now, we paid to have bike racks put in at our offices and there are signs up saying they are for our company only. I can't see anyone complaining if someone else uses them, provided they are not full. Are the racks you are using getting full?
  • richrush
    richrush Posts: 12
    edited October 2015
    Post deleted
  • The Rookie
    The Rookie Posts: 27,812
    Have you spoken to the other company reasonably and asked if they mind terribly much if you use the bike rack? If they don't mind it's got F' all to do with your boss and you can tell him to put his opinions where the sun doesn't shine.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • bendertherobot
    bendertherobot Posts: 11,684
    Is it locked? How is he moving it?
    My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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  • davis
    davis Posts: 2,506
    Aye. Get an email from the other company that owns the bike rack. If that company explicitly give you permission to use it then it's absolutely nothing to do with the site director knob. It's the same situation as e.g. parking your car on someone else's driveway, if that person has given you explicit permission.

    Get provable permission, lock it up, tell the jobsworth to be on his way.
    Sometimes parts break. Sometimes you crash. Sometimes it’s your fault.
  • richrush
    richrush Posts: 12
    edited October 2015
    Post deleted
  • richrush
    richrush Posts: 12
    edited October 2015
    Post deleted
  • richrush
    richrush Posts: 12
    edited October 2015
    Post deleted
  • apreading
    apreading Posts: 4,535
    Lock it to the rack that you have permission to use and want to use. If he moves it by breaking the lock then he needs to answer a case of criminal damage and potentially theft. Simple really - no need for any discussion.
  • imatfaal
    imatfaal Posts: 2,716
    [url=http://www.bikeradar.com/forums/viewtopic.php?p=19697770#p19697770]apreading[/url] wrote:
    Lock it to the rack that you have permission to use and want to use. If he moves it by breaking the lock then he needs to answer a case of criminal damage and potentially theft. Simple really - no need for any discussion.

    Wouldn't ever be theft as there is no intention to permanently deprive - that's why the law against taking without owners consent was made for cars (joyriders had no provable intent to permanently deprive the owner of their property). I think twoc only applies to motor vehicles. Would agree with the criminal damage part
  • imatfaal
    imatfaal Posts: 2,716
    edit: checked my law books

    from a very quick reading it would appear a version of Taking without Owners Consent does apply to Bicycles - it is not the full weight of the law that applies to joyriding but Sect 12 Subs 5&6 Theft Act 1968 (as amended read)
    (5)Subsection (1) above shall not apply in relation to pedal cycles; but, subject to subsection (6) below, a person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall on summary conviction be liable to a fine not exceeding [F5level 3 on the standard scale.]

    (6)A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

    It doesn't mention just moving it though - might be very hard to make it stick. Especially as he will claim he believed he had authority
  • tangled_metal
    tangled_metal Posts: 4,021
    But if he cut the lock is that not criminal damage even if there is no way to make TWOC stick?

    All this is going to p1ss this guy off and he is a director of the OP's company. Perhaps it is better to discuss the situation and perhaps persuade the site director? Perhaps the Site Director does not have any experience of cycle commuters and their security concerns. Could we come up with points the OP could make to persuade the SD to relent and perhaps assist the OP in his obvious security concerns. Who knows the OP may even alter the arrangements the SD wants him to use to his favour. There are some very persuasive people on BR so I hope they can help as I feel confrontation will not get results in this case. Unless the OP is willing to confront the SD through company proceedings I guess.
  • imatfaal
    imatfaal Posts: 2,716
    [url=http://www.bikeradar.com/forums/viewtopic.php?p=19697970#p19697970]Tangled Metal[/url] wrote:
    But if he cut the lock is that not criminal damage even if there is no way to make TWOC stick?

    All this is going to p1ss this guy off and he is a director of the OP's company. Perhaps it is better to discuss the situation and perhaps persuade the site director? Perhaps the Site Director does not have any experience of cycle commuters and their security concerns. Could we come up with points the OP could make to persuade the SD to relent and perhaps assist the OP in his obvious security concerns. Who knows the OP may even alter the arrangements the SD wants him to use to his favour. There are some very persuasive people on BR so I hope they can help as I feel confrontation will not get results in this case. Unless the OP is willing to confront the SD through company proceedings I guess.

    Completely agree that the law route is the wrong way to go - but I am conditioned into responding to legal queries and sometimes I just cannot help myself. :oops:

    From my reading the Site Director is being a jerk and as the OP has the permission from the stand Owner, the acceptance of his managers, and his Union then the SD needs to be told that he is getting involved where he doesn't need to. Might be worth asking why he feels the need to interfere - there might be a genuine misunderstanding
  • richrush
    richrush Posts: 12
    edited October 2015
    Deleted post
  • apreading
    apreading Posts: 4,535
    After the first time, why did you leave it unlocked? If you lock it, he will curse you under his breath (he is doing that already by the sound of things so no loss there) and move on to find something else to wind you up. do this now and move on.
  • richrush
    richrush Posts: 12
    edited October 2015
    Post deleted
  • The Rookie
    The Rookie Posts: 27,812
    Still committed a tort against your property, you could make a formal complaint to HR about it if you were minded.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.

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