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Gravesend pedestrian zone cyclist fined £440 after breaching Public Space Protection OrderPedestrian zone cyclist.JPG

Gravesend pedestrian zone cyclist fined £440 after breaching Public Space Protection Order

Adam Kitek ignored fixed penalty notice issued by council official in Gravesend
by Simon_MacMichael
Sun, Mar 17, 2019 19:24
40

A cyclist caught riding through a pedestrian zone in Gravesend, Kent, has been fined £440 for breaching a Public Spaces Protection Order (PSPO).

A safer place officer from Gravesham Council saw Adam Kitek riding his bike along a section of News Street subject to a PSPO at 11.10am on 11 August last year.

The PSPO forbids riding bicycles within the designated area from 10am-6pm every day, according to the Gravesend Reporter.

The council officer explained about the PSPO and took down Kitek’s details. A fixed penalty notice (FPN) was sent to him, however he did not pay it and ignored a reminder.

He was summonsed to appear at Medway Magistrates’ Court but did not attend and he was found guilty in his absence.

Besides the £440 fine, he was also told to pay a victim surcharge of £44 and costs of £250.

Speaking after the hearing, Gravesham Council’s assistant director for communities, Simon Hookway, said: “The Public Space Protection Order was put in place in 2016 to ensure shoppers can walk and shop safely along New Road.

“It is just a short distance that cyclists need to dismount for to ensure the safety of shoppers in this pedestrianised shopping street.

“We will issue fines to those who do not follow this and if fixed penalty notices are ignored, we will prosecute.

“As can be seen from this case, ignoring a fixed penalty notice can soon become an expensive matter,” he added. “But the safety of shoppers takes priority.”

PSPOs are used by local authorities to enable council officials to issue FPNs for behaviour banned by the  order, which may include littering, drinking alcohol or cycling.

However, Duncan Dollimore of the charity Cycling UK, which opposes PSPOs, has described them as geographically defined ASBOs, saying that they are employed to "restrict the use of public space and criminalise behaviour not normally regarded as illegal ... [like] the pernicious pastime which undermines the very fabric of our society: cycling."

PSPO
Gravesend
pedestrian zone
Simon MacMichael

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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40 comments

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Crippledbiker replied to Welsh boy | 5 years ago
2 likes
Welsh boy wrote:

burtthebike wrote:

As I understand it, a council officer has no authority to either stop you or demand your name and address, so to anyone who knows that, the solution is clear; don't stop, and if forced to, don't give your details.  Might even be worth threatening to sue them for false arrest or some such if they insist on stopping you.

Oh dear, talking through your butt. Please, don’t post comments on subjects when you don’t know what you are talking about. The council officer does have the power to ask your name and address and not providing it is obstruction which is another offence. Bar room layers giving out bad advice, tut tut. 

He's actually completely right; Just because somebody works for the council, it does not necessarily follow that they have any additional powers whatsoever.

If you are foolish enough to stop, the very first thing out of your mouth should be a request to see their designation card.

They have no power to stop you unless it is specifically mentioned on the designation card - though they may have the power to demand your details. However, they generally have no power to actually hold you to obtain them.

They cannot make a citizens arrest, as this is not a criminal offence and, even it it were, it's not one that falls into the purview (PACE 1984 24A (1984 c.60 part III Section 24A). )
It is not obstruction, except when it is; It is actually an offence to not provide your details, when asked, to a PCSO or other Authorised Officer;

You must also not attempt to leave whilst they're actually issuing the FPN without having first checked their designation card - which they must provide you on demand, and may not make the provision of subject to any conditions ie; you can see my DC once I have your details.

If it doesn't expressly state that they have been given power to detain, then they have 30 minutes to get a police officer or otherwise authorised officer; after 30 minutes, just walk away. PRA2002.

Kingdom and other privately hired officers don't even get that 30min hold. If detaining isn't specifically listed on the DC, just leave, they can't do shit.

Avatar
burtthebike replied to Crippledbiker | 5 years ago
0 likes

Crippledbiker wrote:
Welsh boy wrote:

He's actually completely right; Just because somebody works for the council, it does not necessarily follow that they have any additional powers whatsoever. If you are foolish enough to stop, the very first thing out of your mouth should be a request to see their designation card. They have no power to stop you unless it is specifically mentioned on the designation card - though they may have the power to demand your details. However, they generally have no power to actually hold you to obtain them. They cannot make a citizens arrest, as this is not a criminal offence and, even it it were, it's not one that falls into the purview (PACE 1984 24A (1984 c.60 part III Section 24A). ) It is not obstruction, except when it is; It is actually an offence to not provide your details, when asked, to a PCSO or other Authorised Officer; You must also not attempt to leave whilst they're actually issuing the FPN without having first checked their designation card - which they must provide you on demand, and may not make the provision of subject to any conditions ie; you can see my DC once I have your details. If it doesn't expressly state that they have been given power to detain, then they have 30 minutes to get a police officer or otherwise authorised officer; after 30 minutes, just walk away. PRA2002. Kingdom and other privately hired officers don't even get that 30min hold. If detaining isn't specifically listed on the DC, just leave, they can't do shit.

Thanks for clearing that up, I think.  I am still slightly confused by

"It is not obstruction, except when it is; It is actually an offence to not provide your details, when asked, to a PCSO or other Authorised Officer"

So if they ask you for your details, but have no power of arrest, can you just ride off?

Avatar
burtthebike replied to Crippledbiker | 5 years ago
1 like

Crippledbiker wrote:
Welsh boy wrote:

burtthebike wrote:

As I understand it, a council officer has no authority to either stop you or demand your name and address, so to anyone who knows that, the solution is clear; don't stop, and if forced to, don't give your details.  Might even be worth threatening to sue them for false arrest or some such if they insist on stopping you.

Oh dear, talking through your butt. Please, don’t post comments on subjects when you don’t know what you are talking about. The council officer does have the power to ask your name and address and not providing it is obstruction which is another offence. Bar room layers giving out bad advice, tut tut. 

He's actually completely right; Just because somebody works for the council, it does not necessarily follow that they have any additional powers whatsoever. If you are foolish enough to stop, the very first thing out of your mouth should be a request to see their designation card. They have no power to stop you unless it is specifically mentioned on the designation card - though they may have the power to demand your details. However, they generally have no power to actually hold you to obtain them. They cannot make a citizens arrest, as this is not a criminal offence and, even it it were, it's not one that falls into the purview (PACE 1984 24A (1984 c.60 part III Section 24A). ) It is not obstruction, except when it is; It is actually an offence to not provide your details, when asked, to a PCSO or other Authorised Officer; You must also not attempt to leave whilst they're actually issuing the FPN without having first checked their designation card - which they must provide you on demand, and may not make the provision of subject to any conditions ie; you can see my DC once I have your details. If it doesn't expressly state that they have been given power to detain, then they have 30 minutes to get a police officer or otherwise authorised officer; after 30 minutes, just walk away. PRA2002. Kingdom and other privately hired officers don't even get that 30min hold. If detaining isn't specifically listed on the DC, just leave, they can't do shit.

I'll see you in the bar later Welsh Boy, and it's your round.

Avatar
Mungecrundle | 5 years ago
5 likes

The twattery of petty officialdom. Don't expect any sense, reason or fairness from the justice system. The whole thing is a scam, but like parking tickets, for the most part easily enough avoided.

If you do get caught, then unless you have an airtight technical mistake, such as they put the wrong date on the FPN, and even then you have to take the gamble of going to court, just cough up and try not to feel too sore that they got you. It happens. Court costs and bailiff charges etc soon add up to ridiculous amounts if you don't deal with it promptly, and the stress is certainly not worth it.

Avatar
Legs_Eleven_Wor... | 5 years ago
5 likes

Why do people actually bother stopping for these plastic plod?  What are they going to do?  Pull you off your bike?  You know what to do if they try that, don't you? 

Avatar
brooksby | 5 years ago
3 likes

Has anyone actually spoken to mr Kitek for his side of the story? Gravesend echo, road.cc, etc?   Maybe he gave a fake name and/or address?

Avatar
Russell Orgazoid | 5 years ago
9 likes

Drive your tank on the phone and get £100 fine.

Just putting that in context.

Avatar
john1967 replied to Russell Orgazoid | 5 years ago
3 likes

Plasterer's Radio wrote:

Drive your tank on the phone and get £100 fine.

Just putting that in context.

get it right

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

 

and dont forget if you took it court like the cyclist did then it could be uptp a £1000.

Avatar
brooksby replied to john1967 | 5 years ago
11 likes

john1967 wrote:

Plasterer's Radio wrote:

Drive your tank on the phone and get £100 fine.

Just putting that in context.

get it right

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

 

and dont forget if you took it court like the cyclist did then it could be uptp a £1000.

OTOH the police are way more likely to stop a cyclist in a PSPO enforced no cycling zone than they are a motorist using a phone while driving.

Avatar
Russell Orgazoid replied to john1967 | 5 years ago
1 like

john1967 wrote:

Plasterer's Radio wrote:

Drive your tank on the phone and get £100 fine.

Just putting that in context.

get it right

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

 

and dont forget if you took it court like the cyclist did then it could be uptp a £1000.

I apologise unreservedly!

Maybe time to work on your people skills..mail

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