Fined £805 for riding on the pavement!

[Slick]

I understand your dilemma. On one of my routes I go along a very busy stretch of road that goes over a hill then has a short section which splits into 2 lanes going to a large roundabout. I need the right hand lane but that can be scary. A young lady cyclist was killed there a few years ago

I was going to "like" your post in agreement, until I read the last line. Sad.

 

[Drago]

Of course, many cheap solictors - the sort that do legal aid work, not the first line lot - advise their clients to go 'not guilty', solely because it makes it more likely the case will go to Court and the solicitors firm gets paid again.

 

[Lozz360]

Depending on which part of Marcham road, I’d also ride on the pavement too. It’s a very nasty stretch for cycling. Also IIRC, parts of the footpath are designated a cyclepath anyhow.

There is a shared cycle path from the A34 roundabout towards the town centre. The cycle path then ends abruptly right outside the police station.

Considering the pretty high daily utility cycle usage in and around Abingdon I’d suggest the Police really don’t have enough to do....

They could be kept busy investigating the many bike thefts that happen in Abingdon. (One of which was my pub bike.)

 

[jefmcg]

The £85 is the standard fee for a defendant pleading guilty.

Costs after a trial are routinely in the hundreds, although it will depend to a degree on the complexity of the trial.

The majority of cases dealt with by magistrates do not go to trial which is partly why you will see lots of £85 awards in a rough sample of cases.

Awarding of costs is also discretionary.

In this case, it appears the bench ordered the full costs.

Had the defendant been present and represented, but still convicted, his lawyer might have argued for a reduction in costs due to his client's limited means - if that was true.

I am not sure what you are basing this one. That might be true in your experience, but patently is not true in the Oxford magistrates court. In the summary page I found at random, 32 cases reported. 28 had fines of £100 or lower regardless of plea. There are only two of the same magnitude as the cyclist got and there is also bizarrely precise costs of £382.75.

Apparently this takes the same sort of legal effort as putting together a charge of cycling on the pavement:
MOHAMMED AZAM, 39, of Easington Road, Banbury, was convicted of assault by beating a woman in Banbury on August 8, breaching a restraining order in Banbury on August 12, assault by beating a two people and driving without insurance, taking a vehicle without consent, breaching a restraining order and damaging a £200 iPhone in Banbury on August 26. Jailed for 18 weeks. Restraining order made preventing defendant from contact with certain people and locations. Victim surcharge £115, compensation £150 and costs £725. Six penalty points.

 

[jefmcg]

The cycle path then ends abruptly right outside the police station.

Seriously? So this poor sod might have been caught be a copper wandering out for a fag?

 

[Lozz360]

Seriously? So this poor sod might have been caught be a copper wandering out for a fag?

Yes. Building that you see behind the sign that says "end of cycle route" is the police station. Also, note how the road markings that define the cycle route have all but disappeared.
https://www.google.co.uk/maps/@51.6...a1Dyqv9EfSlJnuLkUzJw!2e0!7i13312!8i6656?hl=en

 

[jefmcg]

Yes. Building that you see behind the sign that says "end of cycle route" is the police station. Also, note how the road markings that define the cycle route have all but disappeared.
https://www.google.co.uk/maps/@51.6...a1Dyqv9EfSlJnuLkUzJw!2e0!7i13312!8i6656?hl=en

Can that even be legal? There is nowhere for the cyclist to go. Not even the hint of a "cyclists dismount" sign.

If that's where he was got, I bet he could have won in court. Still solicitor/barrister/expert would have cost way over £850.

 

[Pale Rider]

I am not sure what you are basing this one. That might be true in your experience, but patently is not true in the Oxford magistrates court. In the summary page I found at random, 32 cases reported. 28 had fines of £100 or lower regardless of plea. There are only two of the same magnitude as the cyclist got and there is also bizarrely precise costs of £382.75.

Apparently this takes the same sort of legal effort as putting together a charge of cycling on the pavement:
MOHAMMED AZAM, 39, of Easington Road, Banbury, was convicted of assault by beating a woman in Banbury on August 8, breaching a restraining order in Banbury on August 12, assault by beating a two people and driving without insurance, taking a vehicle without consent, breaching a restraining order and damaging a £200 iPhone in Banbury on August 26. Jailed for 18 weeks. Restraining order made preventing defendant from contact with certain people and locations. Victim surcharge £115, compensation £150 and costs £725. Six penalty points.

Unless you sit in the court, you really cannot draw conclusions.

Standard prosecution costs for a plea of guilty is £85.

Trials are a bit more complex.

in the case of Azam, he was ordered to pay compensation which the magistrates often prioritise - it is also taken first where the defendant pays weekly from benefits.

Thus the costs application for Azzam might have been higher, but the bench reduced it a bit in favour of compo - victim first and all that.

Magistrates sometimes make no order for costs even on a guilty plea if the defendant is absolutely potless and the offence is very minor.

Same thing can happen with guilty pleas to minor shop thefts - compo of the value of whatever was taken, but no costs.

As with most things in the courts, we always do it one way except on the occasions when we do it another way.

Top and bottom of it is this cyclist has been dealt with in an entirely routine manner.

 

[Fab Foodie]

There is a shared cycle path from the A34 roundabout towards the town centre. The cycle path then ends abruptly right outside the police station.


They could be kept busy investigating the many bike thefts that happen in Abingdon. (One of which was my pub bike.)

I thought part of the footpath out of Marcham towards the A34 was also dual use. I’ve had enough people yell at me there for not riding on it.

Btw. Will you be at the Abingdon Spring Cycle festival in a few weeks time?

 

[Lozz360]

I thought part of the footpath out of Marcham towards the A34 was also dual use. I’ve had enough people yell at me there for not riding on it.

Me too! Yes it does have a shared cycle path. I admit I thought that bit of the road would have been referred to as the A415 between Marcham and Abingdon. I've just had a look at the map and it is indeed called the Marcham Road as well, although apart from the shared cycle path there is no pavement. I've no idea exactly where this "crime" took place. I would have thought it would only be possible in between the police station and the White Horse pub.

Btw. Will you be at the Abingdon Spring Cycle festival in a few weeks time?

Yes, I intend to. First time for me this year.

 

[Fab Foodie]

Me too! Yes it does have a shared cycle path. I admit I thought that bit of the road would have been referred to as the A415 between Marcham and Abingdon. I've just had a look at the map and it is indeed called the Marcham Road as well, although apart from the shared cycle path there is no pavement. I've no idea exactly where this "crime" took place. I would have thought it would only be possible in between the police station and the White Horse pub.

Yes, I intend to. First time for me this year.

Can’t remember where the cyclepath restarts between the Police starion and the White Horse, probs at the Pub. In any case it’s pretty harsh.

Hopefully will be there for the Festival, have been to every one so far...

 

[overmind]

I ride on the pavement responsibly. If I got a fixed penalty notice I would just regard it as a retroactive life insurance premium.

 

[JamesBikes]

Serves the nodder right. Maybe he'll turn up to Court next time.

Agreed.