“We’re sorry if we don’t always get it right”: City council waives fines for cyclists fined by “cowboy” guards for riding on city center sidewalks and streets

Colchester City Council has apologized and agreed to waive all fines recently – and wrongly – imposed on cyclists for allegedly breaching local authority rules on cycling in pedestrian areas and on pavements, after local campaigners complained that people on bicycles were unfairly targeted by third parties. party “cowboy” security guards “run amok,” discouraging people from cycling in the city.

In a statement issued following road.cc’s in-depth investigation into the controversy and backlash from Colchester’s cycling community, the council admitted it understands the “frustrations” of the city’s “responsible” cyclists with regard to the implementation of its public space. Protection Order (PSPO) – ostensibly intended to prevent anti-social, disruptive and dangerous behavior in the city of Essex, but which local cyclists claim is being used as a “money-making scheme” by a private organization contracted to the council.

The local government also acknowledged that many of those fined did not commit a “significant breach” of the PSPO, noting that some of the alleged violations – such as driving slowly on sidewalks – are a result of the city’s poor cycling infrastructure.

While Colchester City Council agreed to waive all recently issued and disputed fines as part of a “reset” in its approach to inner-city cycling, it also promised to instruct its council officers to consider “aggravating circumstances” for cyclists accused of violating the order, and not to issue fines as a first resort, prioritizing education.

> Cyclists riding through the city center are threatened with £1,000 fines and told to “pay no road tax” while “cowboy” security guards are accused of “running amok” – but the council orders staff to stop fining cyclists

Since the start of 2024, 62 cyclists have been fined £100 each in Colchester by guards employed by the Waste Investigations Support and Enforcement (WISE) body, an external organization subcontracted to Colchester Council and at least 20 other local authorities in The United Kingdom. PSPOs are present.

Of the 62 cyclists fined by WISE, the Colchester Cycling Campaign believes around 50 were penalized wrongly or without just cause, for example while cycling on shared-use paths, on city center streets where cycling is permitted, and during riding at walking pace on cycle paths. sidewalks.

Meanwhile, residents also accused guards of ‘lying in wait’ for cyclists to allegedly breach the PSPO, and complained about the external body’s ‘opaque’ appeals process, which they said was plagued by communication problems and threats of increased Fined £1,000 for failure to pay the initial fine.

Earlier this week, road.cc investigated the furore surrounding Colchester’s controversial cycling PSPO, an increasingly popular (and controversial) method used by local authorities to clamp down on what they consider dangerous cycling.

> “Why choose a lonely female cyclist?” Cyclist fined £100 for riding on a cycle path

The controversy really started in March, when cyclist Helge Gillmeister was fined £100 for, according to the director who stopped her, ‘riding on the footpath’ – when in fact the path in question is designated as a walking path. communal cycle route since 2011.

Since then, the fines have continued to rise, and with them the increasingly vocal criticism of the PSPO and its implementation from local cyclists.

Last month, two cyclists, Stuart Braybrooke and Thomas Roper, were fined on separate occasions on the same stretch of footpath while cycling at walking pace to avoid a notoriously dangerous roundabout. ‘common sense’ when it comes to the safety of vulnerable road users.

At the end of May, 67-year-old cyclist Judith Highfield was cycling to the shops in Culver Street with her partner Mark, when both cyclists were stopped by WISE guards and fined for riding in a no-cycling zone and on the footpath respectively – despite Colchester Cycling Campaign, noting that Culver Street West does not have a “no bicycle sign” and that the current “no motor vehicles” signage is outdated and should be replaced with a “pedestrian and bicycle zone” sign.

Judith, meanwhile, told road.cc that when she informed the manager of the presence of parked cars and motorcycles on the road in question, the WISE employee reportedly responded by saying she was not allowed to cycle on the street because she doesn’t. ‘pay road tax’.

Local campaigners have also received another report of a cyclist being fined for riding slowly along Culver Street West, along with anecdotal – and as yet unsubstantiated – claims that people have been stopped and fined for ‘leaving their bikes on the street pushed’.

And last week, in Long Wyre Street, another elderly female cyclist was similarly cycling in an area with a ‘no motor vehicles’ sign when she was stopped and fined £100 by WISE guards, who also claimed she was driving on the sidewalk. – the same incorrect reason given to cyclist Will Innocent when he was stopped and fined by a security guard for riding his bicycle on a street where bicycles are allowed.

> “Rogue” guards accused of “lurking” for cyclists riding on sidewalk next to busy roundabout

Following the alarming rise in cycling fines in the city, the Colchester Cycling Campaign has launched a vocal crusade calling on the council to overhaul the existing PSPO, which was first introduced last autumn and which – despite the local authority initially reassuring activists that it would be “only” to reformulate. used against cyclists driving towards people and crossing flower beds” – the campaign believes it is too open to interpretation and allows WISE administrators to target cyclists for the most minimal offences.

And today a spokesperson for Colchester Council apologized for the way the PSPO has been implemented by local authority administrators to date – in contrast, no fines have been issued to cyclists by the council’s own administrators this year – and said that they are “committed to ensuring that the PSPO is applied fairly and consistently” and targets the “most serious” forms of anti-social behaviour.

The council also agreed to waive all fines recently imposed, as well as all fines currently being appealed, building on the local government’s Liberal Democrat leader David King’s pledge to review the criminal justice system and to instruct the guards to warn, and not to impose fines, while the review is ongoing.

> Cycling levels rose a month later after outspoken critics claimed the cycle lane was “accident waiting to happen for pedestrians”

“We understand the concerns of cycling activists. “We take the safety of cyclists and pedestrians very seriously and recognize that a lack of safe cycling infrastructure may result in some cyclists using the sidewalk,” the council spokesperson said.

“We also understand that some cyclists may have been issued fines even though their actions did not constitute a significant breach of the Public Space Protection Order (PSPO) or anti-social behavior (ASB). However, to guarantee everyone’s safety, it is also important to remember that the Highway Code and the Road Traffic Act still apply to cyclists.

“We’re sorry if we haven’t always gotten it right. We recognize the frustration for responsible cyclists. We are committed to ensuring that the PSPO is applied fairly and consistently, focusing enforcement on the most serious ASB issues that truly impact our community.”

The spokesperson continued: “PSPOs are essential to maintaining a safe and attractive city centre. These orders are not taken lightly and are implemented following a rigorous process of gathering evidence and providing feedback from the community.

“To this end, we will strengthen guidance for our enforcement partner, WISE, to emphasize the need to assess the lack of care and attention, as well as aggravating circumstances.

“This information must be clearly explained in every interaction, which must be about education before a cycling fine is issued.

“We also ask WISE to waive all recently issued and disputed fines, and to assess others, if necessary, on a case-by-case basis.

“This reset should provide confidence that we are listening to residents to promote the interests of pedestrians and cyclists and achieve clear and consistent enforcement across Colchester.”