Removing/cutting bike from private garden fence...

Removing/cutting bike from private garden fence...

Author
Discussion

Chainsaw Rebuild

1,997 posts

101 months

Friday 25th June 2021
quotequote all
I would wait and see if anything actually happens before you do anything; it might not be a problem with any luck.

I wouldnt be inclined to damage/lock/paint/let tyres down to peoples bikes a, in general and b, in particular when they will have a good idea you did it and exactly where your house is.... seems to be asking for trouble.

efcgriswold

304 posts

38 months

Friday 25th June 2021
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Take down the fence, grow a hedge.

threadlock

3,196 posts

253 months

Friday 25th June 2021
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Shoot every passing cyclist in the arse with an air rifle, just in case they're thinking of locking their bike to your railings. Over time they'll subconsciouly associate your property with sharp pains and will naturally stay away, but won't really understand why.

NewBod

368 posts

35 months

Friday 25th June 2021
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I must admit that I don't get the calls for damage on this thread. It seems that some on this forum couldn't care less about damaging someone's property if its a bicycle.

What would people say if someone took offence to your parking and keyed your car, for instance. Would everyone be OK with that and say you deserved it?

By all means, get some signs up etc. and monitor the situation, if it happens. But don't start damaging things, just because they are bikes. People will know who is responsible.

Some drivers do not seem to understand the fact that for every bicycle on the road, that's is one less vehicle adding to traffic jams and congestion that they would probably get stuck in.

Edited by NewBod on Friday 25th June 08:25

andburg

7,209 posts

168 months

Friday 25th June 2021
quotequote all
speak to a local PCSO about the issue, they'll probably arrange to come stand by your fence one morning and speak to those doing it.

Ussrcossack

515 posts

41 months

Friday 25th June 2021
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Wet paint sign

Bigends

5,412 posts

127 months

Friday 25th June 2021
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Cat said:
Bigends said:
Cat said:
Bigends said:
Maybe start putting your own locks on the bikes, should raise some eyebrows when they come to collect their bikes
That might not be the smartest move as it probably constitutes theft.

Cat
How? No dishonesty involved is there? No permanently depriving them of the bike - ask nicely and i'll release it as long as you dont lock it here again
The Scottish courts have held that wheel clamping constitutes theft as it deprives the owner the use of their vehicle even though the deprivation is not permanent - Carmichael v Black 1992 SLT 897.

There is no reason that I can see for why the judgement wouldn't apply to somebody temporarily depriving someone of use of their bike by locking it to some railings.

Cat
Not the case south of the border though

untakenname

4,951 posts

191 months

Friday 25th June 2021
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Bikes used to be removed from this fence here but now they have to wrap it multiple times in tarpaulin instead to deter so perhaps the rules have changed?
https://goo.gl/maps/Y824qq355sCzLWjx6
NewBod said:
I must admit that I don't get the calls for damage on this thread. It seems that some on this forum couldn't care less about damaging someone's property if its a bicycle.

What would people say if someone took offence to your parking and keyed your car, for instance. Would everyone be OK with that and say you deserved it?

By all means, get some signs up etc. and monitor the situation, if it happens. But don't start damaging things, just because they are bikes. People will know who is responsible.

Some drivers do not seem to understand the fact that for every bicycle on the road, that's is one less vehicle adding to traffic jams and congestion that they would probably get stuck in.

Edited by NewBod on Friday 25th June 08:25
If someone parked their car not in a dedicated parking space attached to private property then the same would apply, cycling used to be good for traffic flow but over the past couple of years it's become detrimental in London at least due to militant traffic planners.



Cat

3,014 posts

268 months

Friday 25th June 2021
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Bigends said:
Not the case south of the border though
confused
I'm not sure what your point is. The OP isn't south of the border, they are in Scotland, so your suggestion that they put their own locks on the bikes is not a very good one.

Would you suggest the OP would be fine to drive after a drink as long as they keep below the limit of 35ug/100ml?

Cat

dudleybloke

19,717 posts

185 months

Friday 25th June 2021
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Put a sign saying "free bikes" on the fence.

alorotom

11,907 posts

186 months

Friday 25th June 2021
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[quote=NewBod
Some drivers do not seem to understand the fact that for every bicycle on the road, that's is one less vehicle adding to traffic jams and congestion that they would probably get stuck in.

Edited by NewBod on Friday 25th June 08:25

[/quote]

Not if they all got the bus or walked - thats a massive leap that ALL cyclists would revert to being in a motorised vehicle, alone.

Pothole

34,367 posts

281 months

Friday 25th June 2021
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kestral said:
Cutting cycle locks off bikes chained to railings happens every day on railway stations all over the UK.
It really doesn't.


Edited by Pothole on Friday 25th June 19:49

mmm-five

11,224 posts

283 months

Friday 25th June 2021
quotequote all
Loosen all the bolts - handlebars, seat, pedals, etc. and then watch/video them trying to fix everything before they can cycle home.


Or, if it really bothers you that much, snip the brake cables, and then you'll shortly have one less bike and one less bike owner to worry about!
(not serious, obviously)

NewBod

368 posts

35 months

Friday 25th June 2021
quotequote all
untakenname said:
Bikes used to be removed from this fence here but now they have to wrap it multiple times in tarpaulin instead to deter so perhaps the rules have changed?
https://goo.gl/maps/Y824qq355sCzLWjx6
NewBod said:
I must admit that I don't get the calls for damage on this thread. It seems that some on this forum couldn't care less about damaging someone's property if its a bicycle.

What would people say if someone took offence to your parking and keyed your car, for instance. Would everyone be OK with that and say you deserved it?

By all means, get some signs up etc. and monitor the situation, if it happens. But don't start damaging things, just because they are bikes. People will know who is responsible.

Some drivers do not seem to understand the fact that for every bicycle on the road, that's is one less vehicle adding to traffic jams and congestion that they would probably get stuck in.

Edited by NewBod on Friday 25th June 08:25
If someone parked their car not in a dedicated parking space attached to private property then the same would apply, cycling used to be good for traffic flow but over the past couple of years it's become detrimental in London at least due to militant traffic planners.
Right, so you would just damage the vehicle?

To what extent? Bearing in mind cutting a lock off a bicycle renders it easily stolen.

The bikes in question aren't even in a dedicated space or on private property. They are attached to a fence.

As for London, that isn't the fault of cyclists.

InitialDave

11,851 posts

118 months

Friday 25th June 2021
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dudleybloke said:
Put a sign saying "free bikes" on the fence.
"Charity bicycle donation point".

Chrisgr31

13,440 posts

254 months

Friday 25th June 2021
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ApexCult said:
No, but fence used to be 1.5 metres about ground level and relatively private. Since today it is now at ground level and in what will be one of the busiest spots in town. Joy.
So how does this happen overnight?

qwerty360

181 posts

44 months

Friday 25th June 2021
quotequote all
kestral said:
If signs are posted it can be deemed as consent to the locks being cut off. So no criminal damage.

Cutting cycle locks off bikes chained to railings happens every day on railway stations all over the UK.

CDA 1971 section 5. In particular subsection (3) Lawful excuse.
I suspect given other stuff going on it can also still be argued over for civil liabilities (i.e. do you owe the cyclist the value of the lock). (e.g. it is almost impossible to move a car parked on your land. Instead you can prosecute for trespass and sue for consequential losses).

Certainly at work the process for cutting bike locks off is very prolonged.
1. Place warning notices on (rusted to worthlessness) bicycles.
2. Check warnings haven't been removed two+ weeks later.
3. Cut locks and move rust pile carefully into secure storage for 3 months.
4. Leave signage indicating where bikes were moved to for complying with rules regarding becoming an involuntary bailee (iirc) (n.b. signage ends up getting damaged so they have to regularly put up new signs...)


While I agree people shouldn't be locking them to private fences, (a little different for public infra e.g. lamp posts, or the railings someone photoed as long as they don't obstruct (e.g. I wouldn't use the the railings photoed as it is outside a hospital and would be tight (if not impassible) for a wheelchair) however the easiest and most effective solution may be to look into what has changed if it is a new issue and complain to the council/facility being used about issues caused by lack of cycle parking. Suitable properly placed bike racks are far far more attractive to lock a bike to than any fence and there aren't many places where their isn't somewhere sensibly they could add some (and this can be pushed as a planning issue if they really object)...

Chozza

808 posts

151 months

Friday 25th June 2021
quotequote all

"The Scottish courts have held that wheel clamping constitutes theft as it deprives the owner the use of their vehicle even though the deprivation is not permanent - Carmichael v Black 1992 SLT 897.

There is no reason that I can see for why the judgement wouldn't apply to somebody temporarily depriving someone of use of their bike by locking it to some railings."

Under the same argument the cyclist is depriving the op of the Fence.. Even though the cyclist intends to remove the bike.
( I never understood why the wheel clampers didnt counter argue that the parking deprived the land owner of the use of the parking space so was theft)

anonymous-user

53 months

Friday 25th June 2021
quotequote all
andburg said:
speak to a local PCSO about the issue, they'll probably arrange to come stand by your fence one morning and speak to those doing it.
Comedy post right there smile

AndyAudi

3,007 posts

221 months

Friday 25th June 2021
quotequote all
dudleybloke said:
Put a sign saying "free bikes" on the fence.
I was going to suggest hanging a cheap bolt cutters on the fence with a chain, then realised it would probably disappear too rofl