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news
Hampstead Heath (c) Ashley Coates.jpgPensioner says she is 'treated like a criminal' as she faces court for 'cycling' on a footpath
A pensioner has complained she is being treated ‘like a criminal’ as she faces court and a £395 fine for a second time for ‘cycling’ on a footpath on Hampstead Heath in London.
Barbara Massey said that she was aware of the strict no-cycling rules, having been convicted of the crime and fined £275 last year.
But she said she was using her bike “as a scooter” when she was stopped in March this year, and she should not face judges at Highbury Magistrates’ Court later this month.
The 68-year-old was on her way to the Ladies’ Pond to swim, which she does most days, and that she was using her bike due to knee pain.
She told the Camden New Journal that she was outraged at a system that “can allow such inherently unjust and disrespectful treatment of the elderly”.
“The young policemen were not taking into account that they are talking to somebody that is nearly 70,” she said.
“I’m not asking them to bow down to me, but I wouldn’t have expected to be treated like this as an older person.
“My swim at the pond is my main joy and comfort in life. It is non-weight bearing and therefore doesn’t hurt my knee and I get to see the glory of the Heath’s nature every day, if only briefly.
“Cycling is my only means of transport that gets me places without pain. I am the safest of riders and have never even hit a flea, let alone a dog or a child.”
She added that due to a pension of just £95 a week, she has only just managed to pay off her last fine.
She added: “I said I was walking and hadn’t been riding but they wouldn’t hear of it. I began to cry and begged them to leave me alone, as I’d been told a few months before that if this comes to court again, I’d have to pay the full £395.
“I am completely dismayed at this system of fines and sanctions,” Ms Massey added. “Why not fine us on the spot?
“Why send us to court for a very minor infringement of a 120-year-old law relating to horses and buggies. Why [are they] spending money bringing highly respected, educated, decent, older women to courts over infringements of a law the breaking of which is no real crime?”
A spokesman for the Heath managers the City of London said: “A female cyclist was found by the Hampstead Heath Constabulary to be cycling on a pathway that is not designated shared use. As a result she will appear in court later this month.
“We have a duty to protect the users of Hampstead Heath and will prosecute those who breach our byelaws.”
In 2012 we reported how a judge told the City of London Corporation to drop legal action against a cyclist who spent the night in police cells after being caught cycling in a no-cycle zone on Hampstead Heath.
The cyclist, who did not give his name or address at any point during the incident, was stopped on the Heath by officers just before 8pm on August 9.
He was thought to have broken Byelaw 13, a rule in place since 1933 which forbids using a bike, as well as other vehicles, in a sign-posted no-cycle zone.
When he refused to give his details so that he could be issued with a formal warning, he was taken to Kentish Town Police Station to spend the night.
The next morning he was brought before a magistrate at Highbury Corner Magistrates’ Court in Islington, but refused to enter the courtroom, instead shouting from behind the door. Eventually he was handcuffed and brought into the dock.
District Judge Robin McPhee said that a night in the cells was punishment enough, and invited the City of London Corporation, which manages the Heath, to withdraw the legal action.
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49 comments
Me too Kit, I wonder if Jobsworth was right up at the fine levle before such discourse as this was prevalent:
"Why [are they] spending money bringing highly respected, educated, decent, older women to courts over infringements of a law the breaking of which is no real crime?"
Having said that, plod did once fine me 50 notes for my front wheel being over the stop line at a set of traffic lights.
Really with dottigirl on the disability element, I have neuropathy in my feet and have sometimes cycled down pedestrianised areas. I make a huge point of picking a particularly slow moving walker and virtually stopping behind them and roll thru around 2mph.
If she was 'scooting it' which she may well have been, I would have explained to them that I'd been fined before hence was not actually riding my bike but struggle to walk. Anyone who wouldn't see this as reasonable is quite frankly an arse...
"can allow such inherently unjust and disrespectful treatment of the elderly”.
I was sort of with her until her self-entitled attitude came out.
Baby boomers. The world'd be a much better place if they all just fecked off on a big spaceship, Cocoon-style.
For me, the bigger problem of undemocratic (and over-budgetted, if you ask me, given the nonsense they can afford to spend money on) organisations like the Royal Parks and the City corporation (and the City of London police, for that matter) far outweighs any personal quirks of the woman involved.
Though I would really hope that I don't start referring to myself as 'elderly' till quite some way past 68.
Police in my neck won't do any direct monitoring of a local route where motorcyclists regularly ride on the pavement and actually endanger pedestrians. They say they don't have the resources. Now I know why. They're busy on Hampstead Heath.
... and only on Hampstead Heath. You need a private constabulary with nothing better to do!
www.cityoflondon.gov.uk/things-to-do/green-spaces/hampstead-heath/visito...
I for one will sleep sounder in my bed tonight, knowing that the police are cracking down on sexagenerian terrorists on bicycles, spreading mayhem and fear in our cities and laying waste to vast areas. Thank heavens the police aren't wasting their time stopping those wonderful, humanitarian, law-abiding drivers who never kill or injure anyone.
The size of the fine is disproportionate, given that no harm was caused to anyone, and drivers who cause death and injury are fined less.
As I understood it, scooting on a bicycle, with one foot on a pedal and pushing with the other one, isn't legally riding, although I'm happy to be corrected by someone with real knowledge.
cycle as a mobility aid is well known and in any case who/where is the victim?
I hope she gets off, the system and plod are a fucking disgrace, fine not in line with others and is BS anyway.
I'd rather go to jail than pay it.
A couple of ireelevant comments here as sual so I sort them first. Firstly the stupid comment about what other people do has no bearing and the severity of the penalty is not open to question. That's decided by those better qualified than us. If you feel different, join those who decide, if not willing or able to then clam up.
What annoys me about this person nis that she knows that she is in the wrong and has been given a slap before. To repeat is show a lack of intellengence and makes you wonder about what other poor decisions she may make that involve the public.
Differently qualified certainly. Less convinced about better. So in your view no one is allowed to notice that the punishment is grossly disproportionate both to the actual harms done and to punishments given for other offences? Surely noticing such problems is the first step to persuading our betters to change the rules?
Yes, because no driver ever got caught speeding more than once. Do they all annoy you as well, or only vicious old pensioners?
Summary of Camden Cyclists' Hampstead Heath campaign from 2007-
http://camdencyclists.org.uk/campaigns/hampstead-heath/
Seems like the solution would be, rather than allowing cyclists everywhere, to provide a very small number of dedicated cycle paths for the routes people wish to travel for utility purposes (in this case, to get to the pond).
My impression though is that the City Of London Corporation, like the Royal Parks, is institutionally anti-cycling. I think the bigger issue is the archaic and undemocratic way a lot of 'government' works in this country. These institutions probably need to be scrapped entirely.
The Heath is not a 'park' as one person referred to it as- even if it were, plenty of parks are quite relaxed about cyclists arriving or passing through (Finsbury Park or Victoria Park for example).
Hampstead Heath is run by the Corporation Of London which has no democratic accountability - it exists as some archaic throwback. It is patrolled by several groups of police who tour around in 4x4s and other vehicles. Depending on the officer or perhaps what they've been told by their boss, they can be very jobsworthian about it all.
I rode through to Kenwood House with my three year old daughter as a passenger (about to climb a steep section), when the 4x4 vehicle assisted officers demanded I dismount.
More recently I practised her cycling through the Heath, officers on this occasion allowed me to continue 'as I was with my daughter' but they warned me, "the Heath users will shout at you" - and they were right. There is a truly rabid and demented mind set towards cylists here - whether children or elderly (don't forget the great J. Le Criqui of the infamous 'Stop CS11 in order to protect our children from pollution' is a nearby resident).
The Heath For Hate brigade...('Heath For Feet'), screech their cyclist-hating rhetoric so loudly at any chance whereby the issue of improved provision comes up, that he Heath staff, most of whom aren't overly sympathetic anyway, just back down for an easy life.
Despite the local councillors, being largely in favour of cycling on the Heath, Camden Council hasn't the power to effect any change. Though they could arguably (one sits on a CoL board) bring some pressure to bear on providing some cycle routes that actually go where people want to get to, or at least, reducing the heavy-handedness that deters cycling around this area - effectively banning it for regular transport usage (Swains Lane is a rather steep option - one way and a rat run - East Heath Road is clogged with vehicles at one end and Hampstead Lane is a racetrack).
CoL have it should also be noted, just spent several million on a massively over-engineered project involving a year and more of HGVs and earth movers changing the entire landscape of the ponds in case they flood!
Despite all of this, the task of providing some safely designed through routes for eldertly, or children to get to school is beyond them.
£395, she could kill a couple of cyclists for that much, if she were a motorist.
Sounds like an opportunity for a kind hearted cycling barrister to step up and offer to appeal on the grounds of disability discrimination.
One of the saddest things about this is that the woman only has an old age pension of £95 per week to live off and yet find the money to pay a fine. The police are allowed a bit of discretion, they could have shown some.
The use of bikes as mobility aids of all kinds is a lot more common and varied than people might realize.
https://aseasyasridingabike.wordpress.com/2017/05/10/a-continuum-of-mobi...
She should have fiddled election expenses or MPs expenses; she'd get let off for those!
I'm concerned about this as some days I can't walk even a short distance, and often have to cycle places where it could either be prohibited or discouraged.
Under the Equality Act, if a cycle is your mobility aid (and a mobility scooter would be legal), discretion must be used.
So, it's a breach of the Equality Act. Would like to see this go to court.
To paraphrase Isabelle Clement, it's not about cycling, it's about equality.
https://twitter.com/IsabelleClement/status/862728662566699011
She should be able to register the bike as a mobility aid surely? If she can though, the question is, why hasn't she?
Tell me more about this registering the bike as a mobility aid process please? How would one do that?
Sorry, when I say register I mean use that as a defence in court. It seems that she didn't the first time she was prosecuted so I wonder if she's just saying anything to get out of paying again? The actual registering bit would be her registering as disabled, if she has done this the use of that as a defence should be relatively easy?
I am in no way saying I don't think a cycle should be used as a mobility aid, it absolutely should! I 100% agree with you that it is far far better than a mobility scooter. I am just concerned that the claim in this case may not be genuine.
Tell me more about this registering as disabled please?
To save you a Google this time, here's your answer: you can't. There's no such thing for mobility problems, only for sight and hearing.
There's applying for DLA/AA/PIP, blue badges, etc. That is one long and convoluted process - my last application took around two years and an appeal.
http://www.nhs.uk/chq/pages/2571.aspx?categoryid=155
Only a court can decide if someone is disabled. She's 68 though, and most people at 68 aren't exactly able bodied. If her problems are documented though (GP, hospital records), she's on solid ground. Even without anything documented, there may still be a case/defence under the Equality Act.
(Sorry to give you a hard time, just a lot of people aren't aware of these issues. Just completing the forms is a mission in itself.)
My experience of the blue badge process for my Mother was significantly different from yours. All it took was a rather long winded application form, a scan of the drivers license and one month to be assessed and arrive. As the process differs by council though I can understand that it could be wildly different. You are right though that it was the blue badge that I was referring to and wasn't expecting it to be a complicated process given my experience with Derbyshire County Council.
I have the same problem, I cannot walk more than 20 yards without pain, crutches help but thank goodness I can cycle. Some people have difficulty in believing me. Surely some discretion could have been used with this old lady?
To everybody who says she should get a mobility scooter and not cycle: No, this is completely the wrong suggestion. One of the most important rules of elderly care is to keep people as active as possible.
Cycling is very good for people with knee problems because it keeps the joints moving without putting pressure on them. Putting people into mobility scooters too early means that they sit immobile, don't move the knees, and arthritis gets worse as the knees lock up. Not to mention that cycling is also better for the circulation than sitting inactively in a scooter.
Mobility scooters have their role in giving people mobility, but they should not be used to take peoples' mobility away.
Actually: Yes. She goes out every day. She goes swimming practically every day which can continue. She will not do just those things. While your sentiment is spot on, there are other ways of keeping mobile and the joints moving, swimming being one activity. I don't believe this lady is as seized up as might be perceived.
She got fined last year and has just been caught again. Do you really think these are the only two times she's ridden on the heath? I have a bad left knee that sometimes *stops* me cycling. So you are not totally correct and neither is she.
She's having us over. She said she was Scootering. Scootering a cycle is putting stress on both knees. One is holding a foot rigidly on a pedal and with it most of her body weight and it will flex during movement. The other knee is propelling her along by the foot striking the ground and pushing forward. How is that good for her knees? She's having us over.
I don't blame her at all, mind. The penalty is not proportionate to what is a very minor infringement. UK law is ridiculous. Good luck to her.
Perhaps, like me and others, she has found that cycling is relatively pain free compared to other activities.?
Perhaps this now means she's not going to go swimming?
Perhaps putting obstacles in the way of someone's established outine will *shock, horror* discourage them from leaving the house? Make them feel like shit? Mean that they miss out on valuable social interaction?
Do you understand what mental strength it takes to create a routine like this, when it's easier to just sit at home feeling sorry for yourself?
I TRIED EVERYTHING and cycling was the only activity that I found sustainable, and allowed me to recreate some semblance of a normal lifestyle.
Swimming (upper body only) also works, but the opportunities and convenience are more limited.
Nothing else. If it wasn't for cycling, I would be a twenty-stone, bed-bound blob.
BECAUSE SHE IS STAYING ACTIVE, FFS!
Fucking hell, you getting a job with ATOS? Or a medical degree where you're able to diagnose someone's condition from reading a short, possibly-inaccurate news article?
She's doing something proactive to keep her mobility, and it doesn't matter how mobile she is now, it matters how immobile she would be if she didn't do something. And something which works for HER. She may be exaggerating her condition, but she's 68! The stats for recovering mobility at that age are grim.
Seriously, there are some fucked up comments on this thread from those who should know better. I'm fucking fuming. You try living with pain every time you take a step, or having increasing mobility problems. Or even getting old.
If you want to educate yourself, try reading up on cycling as a mobility aid. Here's a starter:
https://www.theguardian.com/environment/bike-blog/2014/dec/11/mass-cycli...
From the comments...
And to anyone thinking she should be in a mobility scooter, you can fuck off too.
That's very unlucky for her to get caught twice - how many police are patrolling there? Although I sympathise with her, she should have thought about this after getting fined the first time and maybe arranged some kind of mobility aid instead. The fine does some to be very high compared to motoring offences.
I am the first to criticise the plod when they behave totally disproportionately and my first reaction was to consider the home office guidance regarding cycling on the footway.
But then this is a park where cycling is robustly prohibited and as keen the cycling enthusiast I am, if it wasn't policed robustly then I think due to its popularity it would be overcome with cyclists and some of those would ride like dicks, so the robustness perhaps needs to be there.
I do believe that court action is totally unacceptable for this lady and completely disproportionate though.
But... if she can't walk properly she could get a mobility scooter so I don't necessarily buy the cycle being her only mode of transport and from her own comments I am feeling that there is a wee stubborn pensioner here who is being beligerent and believes as she's a pensioner she has different rights. She goes to the park nearly every day so she's probably been contravening the no cycling law with some regularity, so she knows she is taking the risk of getting caught again. She was unlucky but not blameless.
She should definitely not go to court over this but the more I think about it the less sympathy I have. And I know we live in a country where the laws and the justice system is a joke most of the time, but still.
.... flame on.
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