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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
so the solution is deal with the people behaving like dicks then, not treat the little old lady who isnt actually harming anyone as being in the same category, this is just jobsworthness masquerading as hitting some meaningless targets and why the police lose the respect of the public, its not remotely in the public interest to prosecute her for this.
and it shows up how backward this byelaw is, a mobility scooter as is being suggested as the alternative, is capable of at least 8mph,but many are certainly capable of going quicker than that and with a kerb weight before occupant, between 200-250kg gain a considerable gravity boost.
but thats ok you are saying she can ride this 250kg lump of metal and plastic at speeds of maybe 10mph on average, thats probably quite difficult to control when you are old or down steep hills, through Hampstead heath because its not a bicycle, and the law only applies to bicycles
This. Very much this.
Was she given the opportunity to pay a (probably lesser) fixed penalty or was that not an option?
The level of fine seems a bit extreme compared with say, drink driving, but compared to dropping litter...
Was she given the opportunity to pay a (probably lesser) fixed penalty or was that not an option?
The level of fine seems a bit extreme compared with say, drink driving, but compared to dropping litter...
“The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required.”
http://road.cc/content/news/108119-transport-minister-responsible-cyclis...
An urgent review of these ancient bylaws to update and include cycles. Not just for paths but country lanes where only walkers and horses are currently allowed. If they want this country to get healthier then remove stupid hinderance laws
Over the last few months I have been aware of a number of crimes that police have been made aware of, and done nothing about, even when they know the offender and have evidence. These are far far more serious than an elderly lady riding a bike. Yet she is the one in court and facing a fine whilst these scum are continuing their pointless lives as before
as mentioned above, motorists are injuring and killing cyclists with alarming regularity and getting away with no kind of punishment
WTF is wrong with the world?
Anyone would think the police didn't have people cruising for sex in public to worry about. Maybe 'the heath' isn't that popular any more. Keep the children safe from cyclists, I say.
For the ones finding a 400£ fine reasonable to a cyclist or around 150% of a basic commuter bicycle, I suppose they would find reasonable to get fined with the same ratio when they drive their motor vehicle.
I wonder if there is any way that a bicycle or tricycle can be registered as a mobility aid?
If you can use a powered mobility scooter or wheelchair on a footpath then why not a cycle if it can be designated as a mobility aid?
It is certainly possible to have a bike designated as a mobility aid. There is a young man locally who has restricted growth and can walk only a few metres. He has a bike not unlike a BMX which allows him greater mobility. As a mobility aid, he is allowed to take it on the bus with him.
If she was using the bike "like a scooter " was she sitting on the saddle? Does she mean she was leaning on the bike for support? (in which case the park police are being very silly) or was she actually using the bike like a balance bike (in which case, unfortunately, she was cycling and does fall foul of the rules). The rules are the scandal here IMO.
I imagine she was, say, standing on the non-drive side with her left foot on the pedal and pushing herself along by dabbing her right down from time to time.
She's going to end up paying that fine, isn't she?
If she was, I certainly wouldn't call it cycling and someone needs to give the park police a little picture book to help them...
I wouldn't call it cycling but I would call it "riding a bicycle", which is what the bylaw prohibits. Maybe she should get a push scooter (perhaps with 26" wheels), they don't have a bylaw against that.
On a slightly different note, how much would I be fined (as male over 14 years of age) for using the ladies pool?
IIRC, 'scooting' has previously been treated as cycling in the courts. It is using the bike to travel, as opposed to pushing it along without gaining any advantage from it.
£400 fine for doing nothing dangerous. Trivial amount more for using a phone while driving, posing real danger to others. Nothing at all for not seeing a cyclist, (or flying sack of potatoes) directly in front of you.
Keeping Britain safe.
Yes, yes, rules are there for everybody and being an old crumbly with a gammy knee is no excuse. However, this would be a lot easier to swallow if we didn't see dozens of motorists breaking the law and getting away with it every single day!
Mr Plod should be leaving the easiest of easy targets until after he has cleared the streets of the real scum.
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