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No charges for road rage van driver who assaulted cyclist (+ video of incident)

YouTube footage shows van driver assaulting cyclist - but police say Home Offices guidelines leave them powerless to act

A driver who assaulted a cyclist during a road rage incident will not be charged with an offence by West Midlands Police due to Home Office guidelines – despite the episode being caught on video and bearing strong similarities to one in south east London in 2011 which resulted in charges being brought and a conviction secured after footage was posted to road.cc.

Helmet-cam footage of the latest incident was posted to YouTube by the victim under the user name BlackCountryBikeCam, but was subsequently taken down, possibly as a result of a complaint from the van driver involved, reports BikeBiz. However, the video was mirrored by other users, who have reposted it.

The white van involved, registration number FP07KJN, can first be seen around 10 seconds in, pulling out of a yard, with the rider moving past it on the inside then ahead of it to get around a car that is being parked, although the queue of traffic ahead means that that manoeuvre would not have held up the van.

The rider, who is also on Twitter under the user name CCStev, said that he showed the footage to police, but they told him that Home Office rules meant they were unable to press charges, because the driver, after being made aware of the video, admitted his guilt, and had no previous convictions.

While the police insist their hands are tied, the cyclist is said to have been unhappy with the alternative provided – that he seek a “local resolution” with the motorist, although it is a course of action he has reluctantly accepted.

The van is operated by a Birmingham-based pet business, Weird and Wonderful of Birmingham, which has deleted its Facebook and Twitter accounts as a result of the complaints it was receiving from cyclists, as well as disabling the online feedback form on its website. An email from BikeBiz has gone unanswered.

According to CCStev, “The driver was not charged. He was brought in for interview and initially claimed provocation, that I kicked his van and kicked him in the chest.

“He changed his story when told there was video evidence. He still claimed I kicked him and the van and only after the officer pointed out that she couldn't see any of that, on his solicitor's advice he finally accepted full responsibility.

"Because he had no police record and admitted to the offence, under the ridiculous scoring system imposed on the police he was eligible for a caution.

“As the victim I was given the choice of the driver receiving a caution or I could accept a local resolution, the terms of which that I would receive an amount in compensation and a written apology. I'm far from happy about it but reluctantly accepted the resolution.

“I don't think the police are to blame but the decisions made by Government departments that govern them.

“This was a violent, unprovoked attack that has no place in society and I'm very disappointed and angry that the driver will not face criminal consequences."

In February, national cyclists’ organisation CTC launched a campaign urging cyclists to write to their local Police and Crime Commissioners (PCCs) asking them to make road safety a priority in their policing plans.

However, as this incident shows, Home Office red tape can mean that the hands of the police are tied.

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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102 comments

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DaveE128 | 8 years ago
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Am I right in thinking that a caution gets you a criminal record? If he hasn't go any previous record, that will actually stuff up his life quite a bit, won't it?

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mikem22 | 8 years ago
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They have another FB Page.. ironically enough one that is devoted to 'animal education'

https://www.facebook.com/Weird-N-Wonderful-Animal-Education-ltd-21224129...

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jijiandnoah replied to Leviathan | 11 years ago
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bikeboy76 wrote:

I can't help chipping into the debate, and have to say that the tone of some of the comments on this thread is way off line. The law is not actually there to punish people and though it seems clear this guy has lied and will not be 'reformed' he might at least be scared by peoples reaction into thinking twice next time; the law is there to make society run smoother.
This is why some of the responses to Stumpy's rather tempered statements have been just wrong and inflammatory. People are posting details of the guy and naming other people who work there^, why? There is an obviously implied threat of revenge attacks. Road.cc isn't that sort of internet forum, at least I thought not. Admin could do a clean up on this thread.
If you haven't been here long enough to have some advise directly from Stumpy then stick around a bit longer and see what is what.

Completely agree. Would second request for admins to moderate this thread - naming someone who works for the same company as this guy is wrong, pure and simple and that comment should be deleted immediately. As should the comments by "tired old fart": abusing other forum members has nothing to do with free speech and should not be tolerated here. It's not like he doesn't have form - only a few days ago he was trolling this thread apparently celebrating the death of a pensioner: http://road.cc/content/news/81247-cyclist-dies-after-norfolk-crash-also-...

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Angelfishsolo replied to Matt eaton | 11 years ago
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Matt eaton wrote:

There's obviously a lot of strong feeling about this and it's easy to see why. If you want to make a real difference why not put together a petition to send to the Home Office suggesting that they amend their guidlines? As pointed out by others already all of this internet bitching doesn't do anything to change the world that we live in.

http://road.cc/content/news/81522-get-britain-cycling-report-will-recomm...

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silkred replied to Angelfishsolo | 11 years ago
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I had that discussion with a police person - I had been cut up twice in the same journey but the same taxi - he had not been able to compute that a cyclist might choose to ride on the right and chose to express his inability to understand with close passes and swearing... I was discussing this with him when the police person came along...

The police person started by telling me off for being aggressive and pointed out how old the taxi driver was... as if that was in any way relevant...

I suggested to him that he was there to help in situations just like this and that I would like him to remind the taxi driver not to use his car to make up for his lack of intellect

the police person looked dumbfounded at this point too...

I suggested to him that in the event of him not, even a little, reminding the taxi driver that behaving that way is dangerous - then if he did not mind - I would like to go over there and hit him... 2 tonnes of car v my fist I felt was fair...

he threatened to arrest me

I told him he was an utter waist of my tax payers money and went for my train

yes - if nothing is done the whole point of the police is removed and the only way to feel a sense of justice is to exact it in the moment

other police people have told me in similar circumstances that they are not that bothered unless I was dead or seriously injured - however stories abound in this site alone would suggest thats not true...

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WolfieSmith replied to bashthebox | 11 years ago
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In an ideal world that person would listen to your remonstrations, realise the error of their ways and apologise.

Everytime I try this I get more abuse. The last guy threatened to get out of his car and 'beat my head in' because he was 'a cyclist too'.

Your safety is paramount and if someone has already hit you they will carry on hitting you and other people unless you stop them. Turning the other cheek often leaves you with a broken cheek. I'd rather have a broken bike than a facial injury and anyone decked with a bike is more likely to leave cyclists alone in future.

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nbrus replied to wmpmw02 | 11 years ago
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wmpmw02 wrote:

You only have to see a previous roadcc story to realise what action the police would have taken if the cyclist had clocked the van driver.
http://road.cc/content/news/80715-yorkshire-cyclist-convicted-assault-va...

Probably note even 2nd class citizens

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Here...

Quote:

A Yorkshire cyclist has been convicted of assault after magistrates rejected his claim that he was acting in self defence during an altercation with a van driver whom he said had passed too close to him while he was out riding.

Christopher Alan Wade, aged 48 and from Keighley, told the court that after he had banged the side of the van due to it being too close to him as he rode along Keighley Road in Skipton on 9 November last year, reports the Bradford Telegraph & Argus.

He said that the driver, Jeffrey Walker, had then bitten him on the hand, but the magistrates rejected the cyclist’s claim that he had acted in self-defence in striking the van driver.

Alistair Geldhardt, a friend and Wade and also a cyclist, described him as a “gentleman” and told the court of his support for the Dave Rayner Fund, which since 1996 has helped fund aspiring riders including many who have gone on to succesful pro careers including David Millar, Russ Downing, Emma Trott and Dani King.

The magistrates fined Wade £400 and he was also told to pay £100 compensation to Mr Walker as well as £300 in court costs and a victim surcharge of £40.

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Stumps replied to northstar | 11 years ago
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northstar wrote:

Defiant and wrong until the end it seems?

You seriously need some help mate. Before you accuse people of being wrong i suggest you check your facts because at the moment you are only making yourself look like a complete prat.

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northstar replied to Stumps | 11 years ago
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I rest my case, resorting to "insults" now it seems?

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PhilRuss replied to Stumps | 11 years ago
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stumps wrote:
northstar wrote:

Defiant and wrong until the end it seems?

You seriously need some help mate. Before you accuse people of being wrong i suggest you check your facts because at the moment you are only making yourself look like a complete prat.

[[[[ 'Allo, 'allo, STUMPIO! You said you wouldn't stoop to such language---but you do, don't you? Every bit as snarly as your accusers. Not when you're driving though, eh?
P.R.

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andyp | 11 years ago
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'he cyclist made a bad maneuver when he tried to undertake the van'

this. No excuse for the idiot reacting like he did, but ffs, that's just basic.

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Pragma | 11 years ago
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I'm informed by an ex-police officer that the caution route is often taken as, not surprisingly in these cash-strapped days, it saves a pile of money in getting witnesses and pulling together a full court hearing, but perhaps more importantly, as a caution for assault (presumably) it should stay on the driver's record indefinitely and that has been found to have a good deterrent effect over the long term. Some cautions are discounted after a year or two, but one for assault will remain on the chap's record so if he does do something similar again he will be in major trouble.

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Ad Hynkel | 11 years ago
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petethegreek, the contact details are correct for Weird n Wonderful from what I can see on their website. The article above has mistakenly name them as Weird and Wonderful, which still has not been corrected. You can see the petshop logo on his hoodie in the Youtube video.
Maybe they should do some sort of tie in with Clarkson. This is the sort of behaviour he seems to approve of...in jest of course  22

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DAG on a bike | 11 years ago
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If he has caused damage and/or injury I would bring a civil claim against his employer (assuming he is employed by Weird and Wonderful as opposed to being Weird N Wonderful) as they are vicariously liable for the actions of their employees.

If nothing else, Weird and Wonderful would become less than impressed by the financial consequences of their employee's actions.

The video evidence will be admissible in a civil court, though I doubt it would ever get that far.

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maryka | 11 years ago
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Fwiw this whole thing wouldn't have happened if the cyclist hadn't been so impatient and stupid as to undertake a van that was waiting for a car to parallel park. Why do cyclists do that? Just aggravating an already-insane and stupid driver. Why didn't he just wait behind the van? Because he's a cyclist and can go wherever he wants on the roads, including squeezing between a car in the middle of parallel parking and a van waiting to get past?

Obviously that in no way justifies the driver's response. But come on... just because you *can* save yourself 2 seconds by squeezing between and along cars, doesn't mean you *should*. Idiot.

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Ad Hynkel replied to maryka | 11 years ago
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smaryka wrote:

Fwiw this whole thing wouldn't have happened if the cyclist hadn't been so impatient and stupid as to undertake a van that was waiting for a car to parallel park. Why do cyclists do that?...

Because we can?

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petethegreek | 11 years ago
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Scary really, I sat on a jury for an armed robbery case when the video evidence wasn't anywhere near as clear as this. taking into consideration the van drivers driving, the open door in front of another road user and the assault it does make you wonder. maybe the cyclist should have displayed less skill an put the bike into the open door. hopefully this stays on the driver record to have an effect next time because I agree this probably isn't the first and probably wont be the last. I suspect he might also have lost his job as the amount of grief his employer appears to have received would probably justify that under bring the company into dis-repute. one note of caution thought posting business contact details incorrectly will only hurt the cyclists cause further

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NDD | 11 years ago
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This sounds like a load of old nonsense to me. If someone was caught on CCTV attacking someone else like this, the CPS would prosecute. I know this as it happened to one of my good mates after a drunken night out. In the end the victim decided not to press charges and the CPS dropped their case. In this instance, I would suspect the victim would decide otherwise...

What is more nonsensical, is that, should the cyclist have mounted the curb to get away - he would have received a caution and a £30 fine - regardless of it being a first offence or not.

Pathetic.

(P.s. - this is not directed at Stumpy - nothing to do with him).

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therealsmallboy | 11 years ago
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I've been lucky (or unlucky depending how you look at it) to have a lot of full contact fighting experience. Boxing, kickboxing and MMA mostly. There's only one way I could imagine that situation going if that fat little prick did that to me.

The way my luck has been though, the police would probably roll round the corner just as I remove his face and arrest me for assaulting a motorist!

FYI, don't let loose on the police for this guys, they literary can't do anything about it- I'm sure most POs would love to remove this chubby little pest from our generally nice society.

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jstreetley | 11 years ago
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This is the sort of thing that makes me scared to go out on the bike.

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Sudor | 11 years ago
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Civil action for assault, physical and mental injury etc?

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md6 | 11 years ago
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It seems absolutely ridiculous that someone can assualt another person on camera no less, and yet manage to get away with a caution because it is their first offense. I can't understand that but all that effectively does is tell the driver that he didn't really do anything wrong. I bet it isn't his actual first offense, but it is the first time its happened on camera. I'm sure you don't go from nothing to chasing someone, along a couple of roads, jumping out of your vehicle and chasing them punching kicking and throwing them to the ground. There has to have been something before that was either unreported or not taken further. I doubt it will be his last offense either, given he clearly seems to have anger issues. I'm sure the lack of actual punishment here will have done nothing to curb his violent tendencies. And is a f'ing liar having initially claimed he and the van were kicked.

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Stumps replied to md6 | 11 years ago
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md6 wrote:

It seems absolutely ridiculous that someone can assualt another person on camera no less, and yet manage to get away with a caution because it is their first offense. I can't understand that but all that effectively does is tell the driver that he didn't really do anything wrong. I bet it isn't his actual first offense, but it is the first time its happened on camera. I'm sure you don't go from nothing to chasing someone, along a couple of roads, jumping out of your vehicle and chasing them punching kicking and throwing them to the ground. There has to have been something before that was either unreported or not taken further. I doubt it will be his last offense either, given he clearly seems to have anger issues. I'm sure the lack of actual punishment here will have done nothing to curb his violent tendencies. And is a f'ing liar having initially claimed he and the van were kicked.

Your probably spot on there  39

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colinth | 11 years ago
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Surely a key phrase from the article is that he was "eligible for a caution", is that not different from having to be offered one ? I refuse to believe that everyone commiting an assault like this MUST be allowed to effectively get away with it if they admit it and its a first offence. Sounds like the police couldn't be arsed to take it further

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Bob's Bikes | 11 years ago
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I am not quite sure who or what frightens me the most, the idiot in the video or some of the comments being made.

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andybwhite | 11 years ago
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PLEASE UPDATE THIS PAGE WITH THE CORRECT BUSINESS NAME

the offending driver was from Wierd'n'Wonderful of Birmingham.

Weird and Wonderful is a taxidermist in Lancashire and is totally unconnected with this. He is apparently getting quite a few nasty calls.

PLEAE UPDATE THIS STORY NOW!

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notfastenough | 11 years ago
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Just hang on a minute. This is an incident where the Police concerned have stated, rightly or wrongly, that their hands are tied. A regular poster on here, who also happens to be a Police Officer, concurs and notes that these are rules which he has to abide by. Note also that like the rest of us, he can only go off the info provided in the article, so is commenting in a general sense.

Thus, this regular poster on here (over a thousand posts no less) has been personally insulted and told to 'ride a bike for a week' - by a person who has been a road.cc user for about the same amount of time (and being active on here far far less).

How the f*** did frustration at the system turn into justification to hurl abuse at a fellow road.cc member who is just one person and not even involved in the incident? Did you also burn an effigy of a recently deceased former PM, and riot in the streets when the opportunity presented itself?

Anyone who thinks that is acceptable is no more than low life themselves and needs to grow the f*** up.

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Stumps replied to notfastenough | 11 years ago
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notfastenough wrote:

Just hang on a minute. This is an incident where the Police concerned have stated, rightly or wrongly, that their hands are tied. A regular poster on here, who also happens to be a Police Officer, concurs and notes that these are rules which he has to abide by. Note also that like the rest of us, he can only go off the info provided in the article, so is commenting in a general sense.

Thus, this regular poster on here (over a thousand posts no less) has been personally insulted and told to 'ride a bike for a week' - by a person who has been a road.cc user for about the same amount of time (and being active on here far far less).

How the f*** did frustration at the system turn into justification to hurl abuse at a fellow road.cc member who is just one person and not even involved in the incident? Did you also burn an effigy of a recently deceased former PM, and riot in the streets when the opportunity presented itself?

Anyone who thinks that is acceptable is no more than low life themselves and needs to grow the f*** up.

Thank you.

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northstar replied to Stumps | 11 years ago
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stumps wrote:

Thank you.

Thank you for what? The police have failed to do their job. Simple as.

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notfastenough replied to northstar | 11 years ago
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northstar wrote:
stumps wrote:

Thank you.

Thank you for what? The police have failed to do their job. Simple as.

Did you even read the other bit, or just jump in feet first regardless? FFS, how can so many enthusiasts of such an intricate and technical sport be so ignorant of context and detail?!

As for the cyclist filtering between the traffic, what's the problem? Didn't cause any problems, other than being in the presence of a raving lunatic at the time.

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