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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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northstar | 10 years ago
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Defiant and wrong until the end it seems?

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Stumps replied to northstar | 10 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 | 10 years ago
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I rest my case, resorting to "insults" now it seems?

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PhilRuss replied to Stumps | 10 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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nbrus | 10 years ago
0 likes

"The law is an Ass..."

Meaning:

Said of the application of the law that is contrary to common sense.

http://www.phrases.org.uk/meanings/the-law-is-an-ass.html

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giskard | 8 years ago
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I've bookmarked this article for future reference, just in case I end up beating the living **** out of some **** who decides to try it on with me and I end up in trouble for defending myself.

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OldRidgeback | 8 years ago
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The bloke is a tool but organising a posse to harass a business when it isn't clear that actually is the business invovled, is pretty bad. As for keyboard warriors calling for justice to be meted out, I despair.

 

Private prosecution please.

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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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barbarus replied to Dog72 | 8 years ago
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Dog72 wrote:

I'd love to meet him and have a chat

Is that what is meant by "local resolution"?

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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...

 1

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Vlad Levachyov replied to Stumps | 8 years ago
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stumps wrote:

No previous convictions mean he is entitled to a caution if he admits the offence, its not mumbo jumbo its what we, as Police officers, have to abide by. Civil proceedings can still be taken out which is not a Police matter.

 

And, do you wonder why people have no trust in the police, no respect for them and most are in fact avoidant of the police? I don't after seeing that this blatant assault is being swept under the carpet. Prior convictions or not, this driver deserves to be punished for his assault. 

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Vlad Levachyov replied to Tom Amos | 8 years ago
0 likes

Tom Amos wrote:

I wonder if the Police would have made the same decision if it had been a Police cyclist? Just a question.

Dont be stupid, of course not! That would be assaulting a police officer! I also very highly doubt that the insane shit of a driver would react in quite the same way if a police officer tooted him...

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