The campaign was contacted in March by Helge Gillmeister, a member who was stopped by city council wardens as she was about to cross Butt Road at its junction with Southway, Colchester.
The officials told her the path was a footway not a cycle route – and they issued a fixed penalty notice.
Helge had just finished a busy day at work at Essex University. After briefly querying the wardens' views, she accepted the FPN and rode to pick up her daughter from her childminder.
Helge emailed the campaign and told us she would be appealing against the decision. We swung into action with a letter of support.
Very quickly Helge heard that the fine would be revoked. Sadly our letter had zero effect because it didn't get to the right people in time.
A good result you might think – but the matter raises concern for all sorts of reasons.
Now we'd like to hear from any other cyclists who have been penalised in this way.
The backgroundIn early autumn last year the city council consulted on renewing its PSPO, the
public spaces protection order that covers the central area.
This states: “Using a skateboard, bicycle, scooter, skates, or any other self-propelled wheeled vehicle, including electric scooters, in such a manner as to cause or is likely to cause intimidation, harassment, alarm, distress, nuisance or annoyance to any person.”
We raised our concern, pointing out that 1960s road planners had left the city with fast and busy roads and one-way systems that block desire lanes and put the fear of God into cyclists.
We said: "
Our concern is that the use of the word 'annoyance' could be used against 'wrong-way' cyclists who merely want to go about their business as quickly and smoothly as possible. It could turn a 'ticking off' from a PCSO or warden into a criminal matter. Annoyance is subjective."
We also took issue with the slack wording of the order which mentions "pedestrian areas” but then is vague about whether it applies purely to pedestrian areas or the overall public highway, and whether private land such as Lion Walk and Culver Square is included. We called for all pedestrian areas to be individually named for clarity.
The campaign said: "Our overall worry is that similar PSPOs have been used in Grimsby and Southend to effectively ban cycling from some areas.The city council responseIn its reply Colchester said that the word “annoyance” was within the legal definition of the Anti-social Behaviour Act. It stressed: "This is not a ban on cyclists as Grimsby has imposed within certain areas. The order within the city centre is to address behaviour by those who use cycles, scooters etc in an antisocial manner."
It gave examples of cyclists "riding directly at members of the public or over planting areas causing damage to property".
Back to Helge's caseIn our letter supporting Helge's appeal we highlighted the fact that the path concerned had been a cycle route since 2011. It is clearly marked and this should have been obvious to the wardens.
We also said the PSPO did not apply in this instance as Helge's riding did not fall under the criteria outlined in the order. The campaign pointed out that the action of the wardens undermined public trust. We also queried whether the officers were aware of the Boateng defence. which allows officials to waive a penalty notice if a cyclist on a footway is using it considerately to avoid riding on a busy, fast road – such as Southway.