Being 'Equipped to Free Bikes'

General cycling advice ( NOT technical ! )
AnnoyedCommuter
Posts: 2
Joined: 23 Oct 2023, 12:57pm

Being 'Equipped to Free Bikes'

Post by AnnoyedCommuter »

N.B.: I know there are similar questions online, but I've yet to read one about the UK specifically, and with this specificity.

I've had the rather unfortunate situation arise today of someone locking their bike to my own on a bike rack. Naturally, this is rather annoying. To not have to suffer the same fate again, I was wondering what recourse I have to free my bike.
  • It is presumably illegal (as criminal damage) to break the other person's lock, regardless of how important it is that you have access to your bike, or that they are preventing you access to your property?
  • It is presumably also illegal to pick the other person's lock, even if you re-lock the bike after the fact?
I imagine convincing the rozzers that I'm 'equipped to free my bike', and not 'equipped to steal' or 'in possession of an offensive article' would be quite difficult.

What should one do in this situation?
rjb
Posts: 7986
Joined: 11 Jan 2007, 10:25am
Location: Somerset (originally 60/70's Plymouth)

Re: Being 'Equipped to Free Bikes'

Post by rjb »

Is this a ploy by thief's wishing to steal your bike at a later time after the owner has given up waiting. I don't know the answer but if possible could you unlock your bike and walk off with 2. :D
Peugeot 531 pro, Dawes Discovery Tandem, Dawes Kingpin X2, Raleigh 20 stowaway X2, 1965 Moulton deluxe, Falcon K2 MTB dropped bar tourer, Rudge Bi frame folder, Longstaff trike conversion on a Giant XTC 840, Giant Bowery, Apollo transition. :D
Jdsk
Posts: 27941
Joined: 5 Mar 2019, 5:42pm

Re: Being 'Equipped to Free Bikes'

Post by Jdsk »

Welcome.
AnnoyedCommuter wrote: 23 Oct 2023, 1:26pm It is presumably also illegal to pick the other person's lock, even if you re-lock the bike after the fact?
I don't think that would be a criminal act.

Jonathan
jimlews
Posts: 1635
Joined: 11 Jun 2015, 8:36pm
Location: Not the end of the world.

Re: Being 'Equipped to Free Bikes'

Post by jimlews »

I'm no lawyer but I think the correct procedure would be to approach a police man and explain your dilemma.
By demonstrating that your key fits one of the locks (yours), but not the other the copper might be happy to
supervise you as you free your bike (?)
PH
Posts: 13975
Joined: 21 Jan 2007, 12:31am
Location: Derby
Contact:

Re: Being 'Equipped to Free Bikes'

Post by PH »

Start with the police, as above, though I suspect they'd show little interest until there was any evidence of a crime having been committed.
I'd then take photos, cut the lock off, re-lock with my own, leave a phone number for them to arrange my unlocking it (Include "police aware" in the note), not turn up to do so alone.
I doubt you'd be prosecuted, you'd claim “lawful excuse”, which would be acceptable if you reasonably considered your property to be under threat or you required access to it. Damage to the lock, without the criminal element, might be a civil court matter, if it had been a genuine mistake I can't imagine them pursuing it, if I'd made such a mistake, I'd be the one apologising. I don't know what the position would be if you left the bike unlocked and someone else took it, that would seen irresponsible to me.
Last edited by PH on 23 Oct 2023, 2:43pm, edited 1 time in total.
slowster
Moderator
Posts: 5540
Joined: 7 Jul 2017, 10:37am

Re: Being 'Equipped to Free Bikes'

Post by slowster »

A few links to the relevant law and guidance on it:

Wording of defence of lawful excuse under the Criminal Damage Act - https://www.legislation.gov.uk/ukpga/1971/48/section/5

CPS guidelines - https://www.cps.gov.uk/legal-guidance/criminal-damage

More general defences, in particular defence of necessity - https://assets.publishing.service.gov.u ... L42-v1.pdf

The third link refers to preventing phyical injury in the context of necessity, so it is not clear to me whether it would or would not apply to preventing interference with property. If it did, it seems that the test would be whether the damage was proportionate to the interference caused/harm done.

The CPS guidelines contain the following example:
A motorist who damages a wheel clamp to free their car, having parked on another's property knowing of the risk of being clamped, does not have a lawful excuse under the Act: see Lloyd v DPP [1992] 1 All ER 982; R v Mitchell [2004] R.T.R. 14 CA.
That suggests to me that there has been no similar example, ruling or test case for a situation where a car was clamped *without* lawful authority to do so and the car owner destroyed the clamp to free their car.

I am not a lawyer, but it appears to me based on the above that someone may be considered to have a lawful excuse if they destroy a bike lock to free their own bike. Moreover, I doubt that the CPS would want to pursue a prosecution in such a case, because they would probably decide that it was not in the public interest* and possibly that there was less than a 50% chance of a successful prosecution.

* Public interest in this case being that the under-resourced CPS and criminal justice system have got far more important things to do than waste their time clarifying this aspect of the law in a trivial case caused by an inconsiderate selfish jerk who deserved to have their lock destroyed (and their bike stolen if that was the consequence of their bike then being left unocked). However, even if that might be the eventual decision of the CPS, one would run the risk that the police would arrest someone destroying a lock.

If it were me, and especially if my bike was expensive, after waiting for what I considered a reasonable period for the other bike owner to return I would probably destroy the lock if I had the means to do so. Before doing so however, I would call the police using the non-emergency number to report what had happened and ask for their assistance. The police would be very unlikely to attend/help, but I think it would help your case if you could show that you had done everything reasonable before destroying the lock.
rareposter
Posts: 3078
Joined: 27 Aug 2014, 2:40pm

Re: Being 'Equipped to Free Bikes'

Post by rareposter »

Just be aware that it's a fairly common ploy prior to nicking a bike.

Thief spies a bike they'd quite like (yours) so parks their own bike next to it, locking everything up in the process. They can then afford to wait a day or so before going back to it when it's quiet and angle grinding your lock off.

On the chance that you're still hanging around when the thief returns it's an easy thing to just claim it was all a mistake - "oh sorry mate I didn't realise I'd accidentally locked your bike up too, oh I'm really sorry..."
Chances are though, you'll have given up waiting and it'll be a minute with an angle grinder and away.

The only real solution is to get there first and cut their lock off.
Very few people accidentally lock up a neighbouring bike; it's almost certainly deliberate to allow it to be later stolen or stripped.
User avatar
Pinhead
Posts: 1499
Joined: 11 May 2023, 4:12pm

Re: Being 'Equipped to Free Bikes'

Post by Pinhead »

Has happened before, and yes as someone said it IS a ploy, you go home they come back you bike goes
AUTISTIC and proud
Galactic
Posts: 355
Joined: 21 May 2022, 7:42am

Re: Being 'Equipped to Free Bikes'

Post by Galactic »

I realise this isn't of much help, but this happened to me a while ago. I weighed up the situation (low risk area, not an obviously attractive bike that I took care to lock up in different spots every day) and decided it was probably a genuine mistake, so just left a polite note asking the owner of the lock to release my bike. It took a couple of days for them to notice, which was exceedingly annoying for me, but when they did find my message they left a bottle of sparkling wine and an exceedingly contrite note on my rack. While I was admiring the wine they happened by and apologised profusely again.

All in all, it worked out well. I met a nice neighbour, and the fact that a bottle of posh wine didn't get nicked underlined the low risk nature of that neighbourhood :)
nirakaro
Posts: 1667
Joined: 22 Dec 2007, 2:01am

Re: Being 'Equipped to Free Bikes'

Post by nirakaro »

jimlews wrote: 23 Oct 2023, 2:29pm ... I think the correct procedure would be to approach a police man and explain your dilemma.
Haha, when did you last see a bobby on the beat?
mattheus
Posts: 6038
Joined: 29 Dec 2008, 12:57pm
Location: Western Europe

Re: Being 'Equipped to Free Bikes'

Post by mattheus »

Galactic wrote: 23 Oct 2023, 4:14pm I realise this isn't of much help, but this happened to me a while ago. I weighed up the situation (low risk area, not an obviously attractive bike that I took care to lock up in different spots every day) and decided it was probably a genuine mistake, so just left a polite note asking the owner of the lock to release my bike. It took a couple of days for them to notice, which was exceedingly annoying for me, but when they did find my message they left a bottle of sparkling wine and an exceedingly contrite note on my rack. While I was admiring the wine they happened by and apologised profusely again.

All in all, it worked out well. I met a nice neighbour, and the fact that a bottle of posh wine didn't get nicked underlined the low risk nature of that neighbourhood :)
whichwasnice.jpg
whichwasnice.jpg (11.96 KiB) Viewed 2779 times
gbnz
Posts: 2903
Joined: 13 Sep 2008, 10:38am

Re: Being 'Equipped to Free Bikes'

Post by gbnz »

Galactic wrote: 23 Oct 2023, 4:14pm . I weighed up the situation (low risk area, not an obviously attractive bike that I took care to lock up in different spots every day) and decided it was probably a genuine mistake, so just left a polite note asking the owner of the lock to release my bike. It took a couple of days for them to notice, which was exceedingly annoying for me, but when they did find my message they left a bottle of sparkling wine and an exceedingly contrite note on my rack. While I was admiring the wine they happened by and apologised profusely again.

All in all, it worked out well. I met a nice neighbour, and the fact that a bottle of posh wine didn't get nicked underlined the low risk nature of that neighbourhood :)
+ 1. Many worthwhile posts here, but I'd weigh up the situation. Could have happened accidently, but does seem unlikely, particularly if your's is a decent bicycle & it's locked up in a dubious/major urban area. Have to admit I'd be minded to focus on freeing my bicycle immediately.

But in a low risk, pleasant area, particularly if it's a small settlement/country area? I'd have an attempt at speaking to individual's locally, pub landlord, farmer, corner shop or whoever first, leave a note if transport needs doesn't require it's immediate release
AnnoyedCommuter
Posts: 2
Joined: 23 Oct 2023, 12:57pm

Re: Being 'Equipped to Free Bikes'

Post by AnnoyedCommuter »

Thank you all for your replies!

Not wanting to leave it exposed overnight (in case it was a ploy to steal it), I have since collected my bike after some help from the maintenance team in my department, who cut the lock and re-locked the offending bike with another padlock. Overall, this feels like a pretty good resolution, but given I've only been here less than a month, it seems likely I'll have to go through this again.

Bolt cutters may therefore be a good investment: they're surprisingly cheap...
gbnz
Posts: 2903
Joined: 13 Sep 2008, 10:38am

Re: Being 'Equipped to Free Bikes'

Post by gbnz »

Happy you were able to sort it out. Sounds like a hard start to a new job and/or location, worth a cheap bike for the commute?
simonhill
Posts: 5607
Joined: 13 Jan 2007, 11:28am
Location: Essex

Re: Being 'Equipped to Free Bikes'

Post by simonhill »

To answer the question, I would think that you put yourself at risk from Police interest if carrying a set of bolt croppers.

You need a good reason/excuse and the risk of someone locking your bike must be low. Obviously this post helps as evidence (convenient ??)and the word of your maintenance team.

Where will you have the offending article? Hidden unde coat. Can't leave on bike. I'd be careful, if nothing else they could be considered an offensive weapon in some circumstances.
Post Reply