Victim of close pass sends video to police; they reply with threat of prosecution

thelawnet
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Joined: 27 Aug 2010, 12:56am

Victim of close pass sends video to police; they reply with threat of prosecution

Postby thelawnet » 14 Mar 2019, 9:40pm

https://road.cc/content/news/257743-pol ... d-use-path

They decided his video was evidence of him riding on a footway.

Except it's not, as it's a shared path.
Last edited by thelawnet on 16 Mar 2019, 12:07pm, edited 4 times in total.

Tangled Metal
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Re: Police tell cyclist they will prosecute him for reporting bad driving to them

Postby Tangled Metal » 14 Mar 2019, 11:27pm

Doesn't surprise me. I heard of someone who was stopped, handbrake on and in neutral waiting for lights to change to turn into a side road when a high speed police pursuit car responding to a call went at speed into the back of their car. Then the police driver spent a week trying to get them to make a false statement saying it was their fault. They were in a right turn filter lane at lights that were on red and the cop car was turning right too but was looking to the left filter lane at a van that was also stationary waiting for lights.

Basically, as an ex copper who did his full time in the police once told me, they're all corrupt at one time or another. An ex copper who married into a police family with generations serving in the police so he's lived the police service for a long time.

Mind you in this case I'm sure it should be very easy to prove innocence if there's signs for mixed use all around the area of the alleged offence. Simple photographic evidence even showing the cyclist's video clip the police are using as evidence.

Surely that video would show the blue mixed use signs. They're clear enough with the white pedestrian and cycle symbols on a blue background. If they're not on the video then go back and cycle/walk it with a better video camera to get the evidence.

Bonefishblues
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Re: Police tell cyclist they will prosecute him for reporting bad driving to them

Postby Bonefishblues » 14 Mar 2019, 11:34pm

The thread title is misleading. Could it be edited to better reflect what actually happened?

thelawnet
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Joined: 27 Aug 2010, 12:56am

Re: Police tell cyclist they will prosecute him for reporting bad driving to them

Postby thelawnet » 15 Mar 2019, 2:13am

Bonefishblues wrote:The thread title is misleading. Could it be edited to better reflect what actually happened?


I tried originally, but the allowed title length is too limited.

However it's not exactly wrong.

brooksby
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Re: Victim of close pass sends video to police; they reply with NIP for footway riding, even though it's a shared path

Postby brooksby » 16 Mar 2019, 7:35am

You should read the comments on the road.cc article about this: pretty scathing about the Met's behaviour generally and this case in particular. Seems to me that if the rider can demonstrate it was shared-use then they have not case to answer (get photos and evidence before the signs all "disappear". ;-). ).

thirdcrank
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Re: Victim of close pass sends video to police; they reply with NIP for footway riding, even though it's a shared path

Postby thirdcrank » 16 Mar 2019, 7:50am

Re the thread title, as a point of information, riding on the footway is not an offence which requires the service of a notice of intended prosecution (NIP.) If the rider has been correctly sent an NIP, then that would suggest a prosecution for careless cycling. Stories like this tend to get bigger the more they are recounted.

thelawnet
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Joined: 27 Aug 2010, 12:56am

Re: Victim of close pass sends video to police; they reply with NIP for footway riding, even though it's a shared path

Postby thelawnet » 16 Mar 2019, 12:17pm

thirdcrank wrote:Re the thread title, as a point of information, riding on the footway is not an offence which requires the service of a notice of intended prosecution (NIP.) If the rider has been correctly sent an NIP, then that would suggest a prosecution for careless cycling. Stories like this tend to get bigger the more they are recounted.


The original thread title was more accurate, but there were complaints about it so it was changed and then changed again. I've changed it again.

The main problem is that the length of title supported by the forum software is too short.

It was not intended to imply that a NIP was required, merely to fit the information into the title.

The provided link clearly described what happened:

“After I reported the driver I was somewhat surprised to get an email a few days later saying that they were going to prosecute. They rarely prosecute for close passes. It turns out that they are prosecuting me rather than the driver."

Bonefishblues
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby Bonefishblues » 16 Mar 2019, 12:24pm

It's still not quite there, either :lol:

reohn2
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby reohn2 » 16 Mar 2019, 12:37pm

I watched the video and can't see what the cyclist did wrong :?
Have I missed something?
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I cycle therefore I am.

kwackers
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby kwackers » 16 Mar 2019, 12:58pm

reohn2 wrote:I watched the video and can't see what the cyclist did wrong :?
Have I missed something?

Well you said "cyclist" so I don't think so... ;)

reohn2
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby reohn2 » 16 Mar 2019, 1:16pm

kwackers wrote:
reohn2 wrote:I watched the video and can't see what the cyclist did wrong :?
Have I missed something?

Well you said "cyclist" so I don't think so... ;)

Dang my first mistake :?
-----------------------------------------------------------
I cycle therefore I am.

Bonefishblues
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby Bonefishblues » 16 Mar 2019, 1:24pm

How about "Police use close pass victim's own video to threaten him with prosecution"

londoncommuter0000
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Re: Police tell cyclist they will prosecute him for reporting bad driving to them

Postby londoncommuter0000 » 16 Mar 2019, 1:34pm

Tangled Metal wrote:they're all corrupt at one time or another


The whole romantic notion of 'policing with consent' went out the door with the Miners' Strike, and aside from politicians and senior police officers who want to hoodwink the public into believing that we have even the slightest control over what happens, or that we're not actually ruled by violence, no one actually spouts this nonsense anymore.

At any time, giving power to someone and expecting him or her to exercise that power in a restrained, responsible manner is pretty unrealistic and - I have to say - hopelessly naive. The massive expansion in the powers given to the police by the Tory governments of 1979, 1983, 1987, 1992, 2010, 2015, 2017 and by the tory governments of 1997, 2001 and 2005 has resulted de facto and often de jure unlimited powers enjoyed by the police, as well as actual impunity before the courts.
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thirdcrank
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Re: Victim of close pass sends video to police; they reply with threat of prosecution

Postby thirdcrank » 16 Mar 2019, 1:56pm

I'd have to say that the 'New' Labour government led by thatcherite T Blair introduced fixed penalties for pavement cycling under the aegis of the-now Baron Blunkett (of Brightside?) during his inter-resignation spell as Home Secretary.

This is one of the reasons I value accuracy. For some years there was an urban myth that through his gofer Paul Boateng - who I see is now Baron Boateng (of Brent?) - Blunkett had told the police not to enforce this Victorian legislation which he had just resuscitated. :lol:

fastpedaller
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Re: Police tell cyclist they will prosecute him for reporting bad driving to them

Postby fastpedaller » 16 Mar 2019, 3:59pm

Tangled Metal wrote:Doesn't surprise me. I heard of someone who was stopped, handbrake on and in neutral waiting for lights to change to turn into a side road when a high speed police pursuit car responding to a call went at speed into the back of their car. Then the police driver spent a week trying to get them to make a false statement saying it was their fault. They were in a right turn filter lane at lights that were on red and the cop car was turning right too but was looking to the left filter lane at a van that was also stationary waiting for lights.



I had a bizarre experience about 15 years ago, driving around a roundabout the car(mini) in front of me drove straight into the car in front of him without even braking - Both drivers pulled into side of road and I continued on my way. Next thing there was a Police car behind me on blues & 2's. They pulled me over and said " did you see what happened at the roundabout?" (the Police were stopped at the give way line on the adjoining slip road) So I said "yes, didn't you also see it?" To which they replied "we were looking at the floor when it happened". It was very tempted to suggest 'driving without due care and attention like the mini-driver!
Last edited by fastpedaller on 17 Mar 2019, 10:42am, edited 1 time in total.