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Brake-checking motorist deliberately causes crash: Hertfordshire Police tell cyclist video evidence “does not provide a realistic prospect of conviction”

Motorist clipped cyclist when overtaking then hit the brakes in the middle of an empty roundabout

Watching this video, you may well assume that the bit when the driver clips the cyclist with the car’s wing mirror is the bad bit. Keep watching.

The incident occurred on Melbourn Road, Royston, on January 12 and road.cc reader John reported it to police.

He told us: “My view is that having been enraged by my overtake of the other cyclist and blocking his progress for a few seconds, the driver deliberately caused a collision by first a close pass and striking me with his wing mirror, followed by a brake checking manoeuvre that caused me to collide with the rear of his vehicle.”

We’re inclined to agree. There’s a clear view of the road ahead when the driver brakes and we can’t come up with any reason why the manoeuvre was carried out if not to deliberately cause a collision.

After viewing the footage, Hertfordshire Constabulary wrote to inform John: “The information available has been carefully reviewed and the weight of evidence to prove that any offences have been committed is not sufficient for a prosecution to take place.

“The standard of proof required for a conviction is ‘beyond reasonable doubt’ and, in this instance, the evidence available does not provide a realistic prospect of conviction.

“As a result, the police are unable to pursue court action and the file will now be closed.”

Encouraging the notion that this is a generic response, the letter continued: “Each collision is unique and it is likely there are a number of different factors which have led to this decision.

“Frequent examples are where there is inadequate independent evidence of the incident to corroborate the opposing accounts given by the parties involved, sometimes because witnesses have not provided statements or are not willing to attend court.

“In some cases, it has simply not been possible to confirm the other vehicle or driver. Often CCTV (where it exists) does not capture the incident or does not assist in identifying the vehicle involved.”

John said his dealings with the force when attempting to report the collision had been “frankly disgraceful.”

After initially reporting via Hertfordshire Police’s road collision web portal, he received an email response acknowledging the submission and enquiring about his wellbeing.

“I wrote back saying that I was okay apart from a little stiffness. At this point the collisions team responded that they would not deal with my report due to it being an injury incident and that I would have to report it to my nearest Police station.

“I went to my local Police station (Royston) which was closed, but spoke to an officer via the telephone at the front door. She advised that I would have to trek down to Stevenage, but as it was a non-injury collision that I should re-submit via the web portal.

“Again I submitted my report via their portal and again it was rejected. Several emails and a telephone call later they begrudgingly agreed that I was not injured and passed it on to the correct department.

“Last week I was sent a witness form, which I completed, and this week I received notice from the Collisions Unit that they would not be pursuing the matter further.

He concluded: “I am genuinely concerned that Hertfordshire Police do not consider road safety to be of any importance and their failure to act in this case gives me great concern for the safety of myself and any vulnerable road user on the county's roads.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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55 comments

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bikeman01 | 4 years ago
1 like

Perhaps if Plod put as much effort into doing their job as they do into not doing it...

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Mungecrundle | 4 years ago
16 likes

Update.

First of all, my thanks for your support. I haven't even told Mrs Mungecrundle about this incident and I almost feel ashamed to have been involved. I think I now have an inkling of understanding about how people who suffer much more serious crimes against their person must feel, it isn't pleasant. Having support from an internet community of strangers is surprisingly uplifting.

As a result of it being brought to his attention by a Road.cc reader, Boopop presumably? Marc Attwell, the Deputy Local Policing Commander for Hertfordshire Constabulary has reached out via the Road.cc editorial team and has offered to review how this incident has been processed by the collisions unit. I also submitted an official complaint via the IOPC.

Whilst I appreciate the sentiment, I would strongly urge that no-one involves themselves in any kind of revenge action on the car. It could have been borrowed, it could be on cloned plates, it could have been sold on to an innocent third party, I don't want you to put yourself at risk of violence or a criminal record. Furthermore, I have been provided with the details of the registered keeper. I'm not sure if the Police meant to send that information and I'm concerned that they may have also sent my details to the other person. Given that they have already demonstrated a willingness to use violence I don't want to find that the cars on my driveway have suffered vandalism in a revenge for revenge escalation.

I drive and motorcycle around 10,000 miles a year. I use dashcams and over many years cannot post footage of a single incident where another motorist put me or my passengers at any kind of risk, nor any incident of aggression by or towards me. On the bicycle though, I sometimes feel like a duck in a shooting gallery with close passes and left hooks. Wether alone or out with a group, there is a tiny minority of motorists who have a zero tolerance attitude to our presence on the road and when the aggression, verbal abuse and honking turns into actual violence I really expect the Police to actually deal with it.

I'm a firm believer in a mantra, taught to me by a vastly experienced motorcycle instructor, that if you are involved in a collision and your vehicle was moving then there was definitely something different you could have done to avoid it. If your vehicle was stationary then there was probably something you could have done to avoid it. What I'll learn from this incident is not to put myself on a line that reduces my bailout options should I have any suspicions at all about the car driver pulling a similar brake check stunt. Also, and more importantly, to be aware of the red mist chase mode instinct.

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hawkinspeter replied to Mungecrundle | 4 years ago
4 likes

Glad to hear that there's some progress with this.

I totally agree with you about not retaliating against the driver/car - that's what the camera and police are for (assuming they work properly). It's great to fantasize about getting revenge but in the real world, you're better off calming down and then being relieved that you're still alive, healthy and hopefully with an undamaged bike or at least the chance to repair or replace your bike.

It's so bizarre the way anti-cyclist rhetoric has permeated our culture but luckily it is only a tiny percentage of motorists that are psychopathic enough to want to hurt other people.

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Boopop replied to Mungecrundle | 4 years ago
4 likes

Hello, yes that was me  1 Hope you get somewhere with this now. I only stumbled across his twitter feed when looking at Herts. police's twitter account. "Who to follow" has its benefits it turns out. Good luck  1

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hawkinspeter replied to Mungecrundle | 4 years ago
1 like

By the way, tell your partner - that's the kind of thing a relationship is for (though I appreciate she might worry etc).

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CXR94Di2 replied to Mungecrundle | 4 years ago
1 like

Keep us updated as to the outcome. I know these wheels of justice can take months to come to a final decision. So be patient but keep on their case, so its not dropped through in activity. Remember the Police have upto 6 months to lay charges with the magistrate. So badger them to issue NIP and subsequent charges

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zero_trooper replied to CXR94Di2 | 4 years ago
0 likes

As I've said earlier on the thread, I don't think that an NIP is required in these circumstances - injury RTC.

I'm willing to be corrected and I know that there was some question over the level of injury sustained.

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zero_trooper replied to Mungecrundle | 4 years ago
0 likes

Nice one! Thanks for the update.

That's a good point about your car driving experience. Everything is fine driving a ton of metal, then jump on your bike and it's a war zone!

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Gary's bike channel | 4 years ago
2 likes

thats disgusting behaviour from the driver and the police. But not unexpected. Fuck them quite frankly. If they dont do anything with footage that clear then they've got a vendette against cyclists. There was no reason at all for beeping there, the driver overtook for no reason before a junction/ roundabout, should have waited behind anyway. If he didnt like the fact a faster cyclist was overtaking a slower one then they shouldnt have overtaken the cyclist in the first place. Is it ok for a car to overtake a cyclist, but not ok for a cyclist to overtake a cyclist? lets just say when i was riding beside a shared path,  holding 30 mph and overtaking another rider, a cop car came up behind me, blaring their horn. The passenger leaned out the window and pointed at the cycle lane. We got into a heated argument over it. So no, i dont care for police and their ''actions'' or ''crackdowns''. Because its all bollocks. They dont know how to drive or what to do around cyclists any more than regular people. The only cops you can trust with driving laws are the traffic cops. Theyve done all the high speed training and vulnerable road users info. The panda cops havent. 

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boywoolner | 4 years ago
0 likes

The 'Bulldogs for Britain' sticker in the rear window says it all, really.

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SteveJJH | 4 years ago
4 likes

Well, I live not too far away from this area. If I happen to see a silver Ford Fusion Zetec 1.4 petrol with registration EK61HGZ knocking about, I'll know what to do

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stonechat | 4 years ago
2 likes

Guilty on all counts, at least 3 offences there

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Awavey replied to stonechat | 4 years ago
1 like

but could you prove it to a jury of 12 motorists deciding ?  I think as cyclists we view it through a filter of experience of being on the receiving end of that kind of stuff, so it seems clear and obvious to us whats going on and outrageous that anyone would think it didnt deserve some police action.

however to a non cyclist, from that video its alot less straightforward and more complex, the video doesnt prove there was a check the cyclist made to overtake the slow cyclist was safe to begin with,and the car just hoots to warn of an imminent collision. Then does the car steer into the cyclist to cause the first collision ? not give enough room? or is the cyclist drifting right and both are converging into the collision anyway? and then the 2nd crash, well the car is visibly slowing, but the cyclist just piles into the back of them when they stop.

I once was involved in a crash, without video, that the feedback I got back was, well you were morally in the right,it totally wasnt your fault,but we cant prove any of it, so cant take it any further, and this feels abit like one of those.

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Hirsute replied to Awavey | 4 years ago
3 likes

Interesting point there about a jury. I speak to a lawyer at work who is also a cyclist and he is quite good at painting an alternate scenario to any event.

However, with 2 "failed to stop", I don't see how the police show no interest.

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Xena | 4 years ago
4 likes

Police don't give a shit , they are just another bunch of revenue seekers for the government. Don't forget they turn up after the crime has been committed, but woe if you have a rear brake light out or drive 1 mph over the speed limit , then your treated like you have murdered someone . I mean most people who join the police do it for the power trip. I respect people not a uniform . Most encounters I've had with the "fuzz " they have been arseholes on a power trip and I told them so. 
That driver could have killed that cyclist. But no money in prosecuting him . That's the truth.  I'd love to know what  would have happened to that driver if the cyclist was a copper ....... just had a thought ,i wonder if the driver has a couple of mates in the right places, wouldn't surprise me .   If that was another car instead of a  bike ? 

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gerardvok | 4 years ago
4 likes

Find his address and insert a brick into his rear window.

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Boopop | 4 years ago
7 likes

I found a Herts police superintendent on twitter, and have just sent him a DM after the following tweet:

https://twitter.com/SuptAttwell/status/1225872575743561729

This is the DM I sent:

Evening, I'm sure if you get in touch with the staff at http://road.cc they'll be able to get you in touch with the person that suffered this incident. Here's the link again https://road.cc/content/news/270977-brake-checking-motorist-deliberately.... My two main concerns with this case are A: It seems pretty clear to me that the driver used their car as a weapon with the car towards the end of the video with the brake check. B: Even if for some reason the CPS would say there wasn't enough evidence for a conviction, surely there's enough evidence for careless driving towards the beginning of the video given the wing mirror hitting the cyclist. Then as others have said in the comment section on the article, the driver must have known they'd been involved in a crash, yet they didn't stop at the scene, and also they presumably didn't inform the police of the incident within 24 hours either. Essentially there's plenty of reasons to punish the driver for their behaviour in that video but it seems the police force is not interested. It seems like a dangerous precedent to set to me. I have front and rear cameras myself and if this level of high quality footage isn't enough evidence to convict or at least *do something* I feel as if I may as well chuck my cameras in the bin. Thanks for your time and I look forward to hearing back from you. Thanks, Tom.

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peasantpigfarmer | 4 years ago
4 likes

Report it to readers letters with the registration in Royston crow stating the polices response. Include the registration number and state the driver failed to stop and exchange insurance details. Plus, check on DVLA website to see if it is currently insured ,taxed and mot. Add that to the letter too if not legal! Good luck!

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grumpyoldcyclist | 4 years ago
7 likes

Mungecrundle, I do hope you have the patience to pursue this, words to describe the driver completely fail me.

The first overtake was poor judgement and clumsy

Second overtake was a collision with improper use of the horn.

The brake check, was quite obvious as the footage shows the exit to be clear as the vehicle is approaching and you do not stop suddenly on the exit to a roundabout for no reason. Most police forces view brake checks that as dangerous driving, six points.

Leaving the scene of an 'accident'

Not exchanging details.

Not reporting it within 24 hours

Is there anything I've missed?

You could always try the route of getting the keepers details and sending a letter asking for damages then when they don't reply, small claims court.

Fingers crossed.

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handlebarcam | 4 years ago
4 likes

Hertfordshire Police are lazy fucking morons.

That is all I have to say.

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dodgy | 4 years ago
6 likes

Hand it in on a plate, and the police still aren't interested. One wonders how they treat offences with even less evidence.

 

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Spokesperson | 4 years ago
2 likes

I just watched Cycling Gaz's compilation of a year's worth of filming bad driving and taking his complaints to the police and chapeau to him!! What a result! I can't understand why the police failed to act in a number of the incidents - was it owing to the number of times Gaz said the F word and invited the drivers to F themselves? It takes an awful lot of patience to continue with a complaint, as I have found to my cost, but I do hope you continue with this one. The sheer psychopathic brain in that car must be stopped somehow!

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Butty | 4 years ago
6 likes

Inappropriate use of horn, collision 1 (wing mirror), collision 2 (brake check), driving away from collisions without exchanging details, failure to report collision within 24 hours.

Was this the Sarge on his way back from the Fox & Hounds to the station?

This guy needs some grief over the dropped case : https://www.police.uk/hertfordshire/pcc/

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bike_food | 4 years ago
6 likes

Beyond reasonable doubt = nobody in the office could figure out how to play the video so we gave up and dealt out stock reply

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quiff | 4 years ago
10 likes

Please make an official complaint. If the police won't pursue that, what hope have we got?   

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Mungecrundle | 4 years ago
18 likes

This is me.

I'm really upset about this incident and the Police response, they really did not want to deal with it, left it until after the 14 day period when it could have been pursued by a NIP and now consider insufficient evidence when the evidence provided meets their website portal requirements. Getting them to accept that I was not injured was Kafkaesque. I get that injury accidents need to be reported in person at a Police station, road traffic act requirement apparently or some nonsense, but as my nearest station would be Stevenage some 20 miles away it was neither convenient or necessary, I don't do spurious whiplash claims, but it does raise the question of how you are supposed to report an injury collision from your hospital bed?

It seems like a green light to the tiny minority of cyclist hating motorists who have absolutely no tolerance of our presence on the road. You can be filmed committing the most atrocious driving, actually knock someone off, leave the scene and expect to get away scot-free.

I have reviewed the footage many times, the car starts with a poor overtake before the roundabout. From my position I can see the traffic on the roundabout, I can see that the VW is turning right and I've already eased off to arrive at the roundabout as it clears. When the Ford overtakes I just put him in the "bit of a muppet - unable to look or plan ahead" category. I slide up the inside, maybe that annoyed him, enter the roundabout without stopping and take a decent wide line to overtake the slower cyclist as I exit the roundabout at which point there is a blast of horn from behind. I indicate that I'm going to complete my overtake, you can see this from the shadow. I pass the other cyclist and start to move back in. Maybe the driver didn't see the other cyclist, maybe I didn't move back in quick enough for his liking? I should say that on this day there was a fair tail wind and without overbragging I am a reasonably powerful rider, certainly capable of 25mph+ on that stretch of road in those conditions even on the MTB. The next thing I know, the Ford is passing me so close that the wing mirror grazes my forearm and hits the end of my bars, you can hear this on the video and see that it is folded in following the contact. I'm unbalanced and my right foot comes out of my cleat in reaction, you can see the shadow of this in the video, the passenger door brushes against my foot.

Now I'm upset, I don't know what I'm going to do if I catch the bastard, but in a fantasy world it would involve a hot poker and a pit of rabid squirrels. If nothing else I think I want to demonstrate that I wasn't holding him up. I'm accelerating and trying to re-engage my right foot, looking down I don't notice that the car has braked to a halt and when I do it is far too late to evade or stop.

The other cyclist sensibly took to the pavement. He didn't stop but I did catch up with him round the corner. He didn't want to provide a witness statement as he said he didn't want the hassle with the Police, fair enough but a third party may have been helpful to get the incident followed up properly.

As you can see from my shadow there is no gesticulation at the driver at any point, and from the soundtrack no verbal interaction, I know I'm on camera even if the motorist doesn't.

I realise that many people get hit and run every day and many end up with injuries or worse. Obviously I'm really hacked off about this as it happened to me, and therefore seems really important to me though I appreciate that to the rest of the 7 billion people on planet Earth it is just someone else getting involved in road related stupidity. However I'm hoping that by publishing this on Road.cc that some mileage can be made in the cause of road safety for cyclists, I'd hope that British Cycling and other road safety organisations could use this example to put some shame on Hertfordshire Constabulary.
 

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gcommie replied to Mungecrundle | 4 years ago
5 likes

Time for a private prosecution if not out of time, i.e. outside 6 months. Fairly simply process - having gone through this myself - and given the video evidence a slam-dunk I'd say.

I would be happy to make a contribution towards costs, albeit these would be minimal.

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the little onion replied to Mungecrundle | 4 years ago
11 likes

Log an official complaint. Get Cycling UK involved.

 

This kind of institutional anti-cyclism in the police should not be tolerated.

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Rik Mayals unde... replied to the little onion | 4 years ago
4 likes

Yeah I would agree, if you are a member of Cycling UK, get their legal team on it  

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ktache replied to Mungecrundle | 4 years ago
10 likes

Mate, I know it's an effort and will probably come to a very frustrating naught, but take this to your Police and Crime Commissioner and the Independent Office for Police Conduct.

This is so obviously bad driving and if this does not give cause for further action then the police's policies need to change.

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