Dogs "off the lead" on unsegregated cycle routes

General cycling advice ( NOT technical ! )
DeepCore

Dogs "off the lead" on unsegregated cycle routes

Post by DeepCore »

Hi Guys,

New to the forum, but I've been cycling many years. Mainly a 17-mile daily round trip to work, but I do a bit of off road XC stuff at the weekends.

Anyway, to the problem. I use an unsegregated Cycle / Pedestrian route (round blue sign, bike above pedestrians). This is for about ½ a mile of my daily outbound journey. I have to dodge around many "inconsiderate" dog owners who seem to have all the time in the world to stand around chatting blocking the fairly narrow path with their dogs off the leads...despite there being a huge area of wasteland just off the path. A few weeks ago, I had just joined the route and initially there’s a decent with an “S” bend at the bottom. I was going at reasonable (but not reckless speed). When I came around the “S” bend, I spotted a pedestrian in the middle of the path with a large white Alsatian dog off the lead to the left, about 5 metres in front of her. I took a quick decision to go around her on the right, rather than between her and her dog. In my experience, this can spook a dog as it’s being “cut off” from its owner, and it may chase you. Just as I was about to pass, she suddenly stepped to the right in directly in front of me. I swerved and managed to just get by her, although the gap was millimetres. She yelled some abuse at me, to which I yelled back to get her dog on a lead (paraphrasing of course!). I rode on and thought that was the end of it.

However, it turns out she has made a complaint to the police, and they “staked out” the path waiting for me yesterday morning. Apparently she’s alleged that I “hit her” with my bike and I’m being investigated for common assault. There is also a witness who is backing up her story….no doubt another aggrieved dog walker. To be honest I’m astounded it has gone this far…

Any advice / similar experiences (apart from get a solicitor…which I have already done).
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

I use an unsegregated Cycle / Pedestrian route

You have come to the right place for sympathy and moral support. The CTC solicitor is an excellent help as well.

Do you mean that it is a mixed use cycle/pedestrian route?

If it is, then she can scarcely claim a common assault against you. It is as much her responsibility to keep out of your way
as it yours.... to keep out of hers.

However many witnesses she has, it is for both to use, unless she says you stuck your arm out and hit her deliberately on the face at the same time as "hitting" her with your bike.

Did you pick it up and throw it at her or wield it as a latter day weapon of combat?

If you did then, she has a case. If you did not..
NO case to answer.

In such local, petty and extremely annoying matters it is usually a young and inexperienced bobby who is at the bottom of the trouble itself.
It may be his aunty or his girlfriend's mother or something like that. He's told her to complain and he's asked for the stake out.

He may even have told her to stand her ground. in the first place so that we can deal with cyclists like that. He may well have BEEN the stake out!

You may have inadvertently brushed her side while trying to get out of her way.

A common assault needs to be deliberate in such circumstances. Your description sounds like a thoughtless accident half a dozen of one and half a dozen of the other.

what you may be able to do is prosecute for
a cross complaint

1) Malicious complaint
2) something to do with not keeping a dog properly.

the first is the most likely to succeed. the one thing they do now ant to seem is malicious.
It i8s usually most effective in local matters, even against the copper himself, who may have malice against you.

Malicious complaint is ALWAYS heard first.

If you feel it will dmage your good reputation
in the area, which your distress suggests it will, then phone up the DPP if it comes to that and request them to withdraw the prosecution.
that sometimes works.

It really sounds thoroughly Malicious and that avenue should be used first.
Malice by the "Staker outerer"
and/or malice by the complainant.
There is plenty of potential for you.

Can you also tell us for ou delectation and
delight what form the stake out took and whether you said anything then that might have incriminated your gentle self?
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

ooops sorry punch line misspellings won't do. Thanks.

the one thing they do not want to seem, is malicious.
It is usually most effective in local matters, even against the copper himself, who may have malice against you.
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

I would have been inclined to kick the dog in the first instance, especially a large alsatian, and after getting abuse trying to go another way for a day or two or at a different time. Pity really.

I trust you gave a false name and address in time honoured fashion if they stopped you on the second day, unless of course it is five miles further for you to go the other way..... five miles further each day for two weeks or a three hundred pound fine, if found guilty, a petty criminal record, which that copper would do best his best to follow up with more stake outs,
and a lot of worry whichever way you look at it innocent or guilty.

Insist to your solicitor on making a
complaint for malicious complaint
A magistrate cannot hear a complaint if there is any allegation of malice aforethought.

If you do not use a solicitor, insist on having a
statement taken at the shop from which the complaint proceedings emanate.

To EVERYBODY HERE, this is a malicious complaint against a Cyclist Per Se.
If anybody here disputes that I shall be very surprised indeed.

It must be heard first before the complaint for assault, if it gets that far.

No man conscientiously on his way to and from work on a push bike, is going to go round deliberately clouting dogwalkers, whereas the likelihood of an idle dogwalker taking time out to plan such a devious act is very high indeed
especially if her nephew or grandson is a novice bobby.

The woman is clearly a local gossip, otherwise she would not even KNOW about police complaints procedures, so my earlier kinship contention is probably an accurate one. A woman with good manners has better things to think about.

I always take notes if something like this happens to me, as it did earlier in the year with a local ferry company. I have proceedings outstanding agianst them for knocking me off a disabled three wheel handcranked perambulator.
I only have one leg to use but they said in their evidence "He threw himself on the deck, then picked himself up and walked back across it."
It would have been difficult; my leg is snapped in four at the ankle and has been for three years.

Don't worry about it Deep Core.
DeepCore

Re:Dogs "off the lead" on unsegregated cycle routes

Post by DeepCore »

Many thanks for the message of support gar, I’m feeling better already….any more most welcome.

I did think about giving false details or doing a runner, but I need to use that route every day or else its a massive and dangerous detour for me...and what's more I don't feel like I did anything wrong.

How do I get in touch with the CTC Solicitor ?

In answer to your questions,

1). Yes it is a mixed-use cycle/pedestrian route? The un-segregated type, clearly signposted with a round blue sign picturing a white cycle above a white pedestrian and child.

2). No I didn’t do anything like strike her with an outstretched hand etc. I merely passed very close and felt absolutely no impact whatsoever. I didn’t stop, look around or do anything more than verbally answer her abuse as I carried on. However, I accept that in her panicked state of mind she could have “perceived” an impact. Also, I don’t know her and have never seen her before, and haven’t been in trouble with the police before.

3). You could be right about the PC. When he intercepted me on the “stakeout” he had parked his car opposite the entrance to the route in question. As I was coming along the road signalling to turn right into the route he jumped out of his car and shouted to me if he could “have a word”. He didn’t caution me at any point or read me my rights. I think he was merely trying to establish if I was the alleged “offender”. I categorically denied any impact, and pointed out the blue sign and also that her dog was off the lead. He took my details and just as was about to leave, the woman in question came up to us. I said “is this her now” and he said it wasn’t. I left and she remained talking to him. Later, on the phone when he called me to arrange an interview, I again asked if it was her, and he said it was, but not to approach her or say anything as it could be deemed as witness intimidation!

4). I’m very interested in the malicious complaint avenue, however, I’m not really well versed in legal jargon…shall I suggest this to my solicitor?

5). I have voluntarily offered to attend a police station to give a statement (with my solicitor), and my main priority is getting this over a.s.a.p. I am worried about my good reputation in the area. However, it seems as though there is a conspiracy against me along that particular route, as apparently another couple have come forward to complain about my manner of cycling down there, on the day of the “stakeout”. No doubt cajoled into action by the original complainant to try and add weight to her story. This is very annoying, frustrating and makes we want to take some form of legal action in return…as I am NOT a criminal!

Many thanks for your help.
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

and shouted to me if he could “have a word”.

The answer to a common bobby with that question is either ignore entirely or say NO! emphatically.


I accept that in her panicked state of mind she could have “perceived” an impact

Don't accept any such thing! She could not possibly have felt that!

It is very nearly grounds for a complaint to the Chief constable, which you have a right to make.

shall I suggest this to my solicitor?

We think you should. He may well not be a cyclist or be interested in cyclists rights.
He may well action the case forward if
you dash into it. He is in business, the same as the copper. Tell him that is what we think as well.

You might also suggest that if you succeed in your complaint for malicious complaint, you would also seriously consider taking proceedings in the county court for exemplary damages against the woman concerned. To do that you have to have the address of the woman in order to serve the summons.

I would suggest a sum of £500 might well be an apppropriate sum for the effort you will have to expend in thinking about it , possibly more.

Take down ALL the times you spend thinking and writing and going to see people about it, calculate a rought cost per hour and set the charge before the County court judge accordingly.

The constable who stopped you is using her as bait; you must deal with him and his (pro*stitute with a grudge?) aunty accordingly.

www.garethhowell.net/gareth.html

I see your point about going the other way.
If you have to take a train or bus take details at all times of the extra cost to you in time and money that you have to make, and add these all up for the Judge at a county court hearing for
damages.

Otherwise you will be out of pocket; not guilty but .....out of pocket and ....hours passed.... and harrassment. Prepare your case for damages.

You HAVE to fight your corner.

With regard to a conspiracy remark about public life, one has to deal with such ideas very cautiously. It may be quite the opposite.....
that the copper is INCITING the local populace
to take up HIS cudgels against you.
Terminology there Deepcore..... he is inciting
them... doing it as publicly as he can.

There may even have been articles in the local press of which you are entirely unaware, but they have just picked on you as a cyclist
as such.

MALICIOUS COMPLAINT
Keep writing .

Cheers,

gar
mike6

Re:Dogs "off the lead" on unsegregated cycle routes

Post by mike6 »

I am sorry to hear of your predicament Deep Core, and can only suggest you get in touch with the CTC solicitor who should have more experience of legal matters relating to cycling, Tel No 0870 873 0062.
As I understand it their does not have to be physical contact to justify a claim of assault.
DeepCore

Re:Dogs "off the lead" on unsegregated cycle routes

Post by DeepCore »

Thanks again Gar,

You've certainly given me a lot to consider. I shall be putting all this to my solicitor prior to my police interview.

I'll keep you informed on progress.

I may consider a complaint to the Chief Constable, and this is particularly apt as it is Nottinghamshire. You may remember that in summer he publicly said he "couldn’t cope with all the unsolved murders" and they had to draft in help...yet they have time to stakeout a cycle track!!!!! for alleged “criminals” such as myself.

Are you in the legal profession by any chance?
DeepCore

Re:Dogs "off the lead" on unsegregated cycle routes

Post by DeepCore »

Hi Mike,

Thanks for the info. As I understand it, (from my solicitor) a claim of common assault does have to have physical contact, but it can be as little as tapping someone with your finger.

I'll give the CTC solicitor a call.

Cheers.
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

I have never heard of anybody being prosecuted for a verbal assualt, which is why I did not mention it
Mike.. and it is common....

Am I not right in thinking that CTC solicitors only deal with personal injury claims?

In reply to your question "are you in the legal profession" .... I have been but nothing to do with anything as mundane as criminal law.

Sometimes a bloke needs to talk, and I enjoy a good chinwag too!

www.garethhowell.net/gareth.html
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

A complaint to the chief constable's office would be against against the constable who asked
"for a word".
I am sorry you are walking into it in such a way.

A complaint for malicious complaint against the
ageing prostitu*te looking for a trick.

From what I recall you cannot make a complaint for malicious complaint until the complaint has been made. I believe you can insist on the statement for a malicious complaint being made
before the statement answering the complaint
served upon you. It would also be reasonable to expect a different constable to take the statement for malicious complaint .

Deep Core,
If you are totally convinced that
the woman and the constable are up to mischief then work up your argument, phone the chief constable's office, asking for the chief constable
(you won't get him) and make a statement against the constable in question.
If you are a law abiding citizen who has never done wrong, was going about his businbess in an orderly and proper manner, then you have nothing to fear and everything to gain by making such a complaint against the constable.
Pity you stopped for a word from such an idiot.

You have a very high regard for the Nottinghamshire constabulary, whatever anybody says! You have a complaint against one of his officers... tell me why here before you repeat it to the Chief constable's secretary.
It is a public site. Anybody can read it including the constable in question and the prost*itute in question.

A law lord said to me once in the court of appeal
"Never answer a summons!"
"Why not my noble lord?" said Gareth
"Because a police car is cheaper than a taxi!"
Replied the learned lord!

I don't recommend you to take the same course of action. I would prefer you to have nothing further to do wih the police, especially in this instance.
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

The pr*stitute's profit on her trick would be made by convincing you that you assaulted her (isn't she a fine woman?) which would then render you liable to pay a smallish sum in criminal injuries compensation.

Wowee! Isn't she beautiful? Isn't she lovely?
Hasn't she got a fine dog? Isn't her constable nephew or neighbour doing well for himself?

You might have to pay £300 in criminal injuries compensation!!! Enough for a holiday in the canaries for the fine lady........ PROST*ITUTE,
and she'll get you yet!

Regards,

gar

PS I understand that Nottingham has domineering employer problems as well, from another correspondent.
It is surprising how wheels work.
mel

Re:Dogs "off the lead" on unsegregated cycle routes

Post by mel »

The UK Cops usually haven't got time these days to do a stake out for an alleged trivial offence unless the "Lady" exaggerated the details of the alleged assault (lied!!) or I think Gar could be right in as much as the "Lady" may have some influence with the local Police, is she - Friend, Relative, Civilian Worker, Local Politician, Celebrity, etc.? If you could find that out "fore warned is fore armed" you would know what you are dealing with. Just to illustrate how these cases can suddenly become out of proportion to the offence, a recent case in Spain, where a person I know was "denounced" to the Policia Local by a neighbour for "Furiously banging on his door", the case isn't over yet and the Person I know is already out of pocket by £200 to his lawyer. However, without proper legal help you could be in for a pasteing.
gar

Re:Dogs "off the lead" on unsegregated cycle routes

Post by gar »

Always be thoroughly wary of that area after such an occurence and if approached by a copper deny any kowledge of it vehemently

He's not going to organise an identity parade for an alleged common assault, is he?!

Say a word... and he is accumulating evidence!
Andy Tallis

Re:Dogs "off the lead" on unsegregated cycle routes

Post by Andy Tallis »

Sorry I can't help much but I do sympathise.
I've had dogs and owners to contend with too. Also people who complain at you for going onto the pedestrian side to avoid them walking on the cyclist side (segregated paths obviously.) I've had one old lady tell me it was dnagerous to wear sunglasses (on a beuatifully bright day) as I wouldn't be able to see properly (loony.) If only cyclists got this attention when a car thundered past us too close!

Remember a proper collision would probably have hurt YOU as well as her.

Good luck
Andy :-)
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