“We are sorry if we have not always got it right”: Council waives penalties for cyclists fined by “cowboy” wardens for riding on pavements and town centre streets

Colchester City Council has apologised and agreed to waive all fines recently – and mistakenly – issued to cyclists for allegedly breaching the local authority’s rules on cycling in pedestrian areas and on pavements, after local campaigners complained that people on bikes were being unfairly targeted by third-party “cowboy” wardens “running amok”, discouraging people from cycling in the city.

In a statement issued in the wake of road.cc’s in-depth examination of the controversy and the backlash from Colchester’s cycling community, the council admitted that it understands the “frustrations” of the city’s “responsible” cyclists concerning the implementation of its Public Space Protection Order (PSPO) – ostensibly designed to prevent anti-social, nuisance, and dangerous behaviour in the Essex city, but which local cyclists have claimed is being used as a “money-making scheme” by a private organisation contracted to the council.

The local authority also acknowledged that many of those fined were not committing a “significant breach” of the PSPO, and noted that some of the alleged infractions – such as riding slowly on the pavement – are the result of poor cycling infrastructure in the city.

While agreeing to waive all recently issued and contested fines as part of a “reset” in its approach to city centre cycling, Colchester City Council also promised to instruct its wardens to consider “aggravating circumstances” for cyclists accused of breaching the order, and not to issue fines as a first resort, with education instead taking precedence.

> Cyclists riding through town centre threatened with £1,000 fines and told they “don’t pay road tax” as “cowboy” wardens accused of “running amok” – but council orders staff to stop fining cyclists

Since the start of 2024, 62 cyclists have been fined £100 each in Colchester by wardens employed by the Waste Investigations Support and Enforcement (WISE) agency, an external organisation subcontracted by Colchester City Council and at least 20 other local authorities across the UK where PSPOs are in place.

Of those 62 cyclists fined by WISE, the Colchester Cycling Campaign believes around 50 were issued penalties mistakenly or without due reason, such as while cycling on shared-use paths, on city centre streets where cycling is permitted, and while riding at walking pace on footways.

Meanwhile, residents also accused the wardens of “lying in wait” for cyclists to supposedly breach the PSPO, and have complained about the third-party agency’s “opaque” appeals process, which they say has been plagued by communication issues and threats of an increased £1,000 penalty for failing to pay the initial fine.

Earlier this week, road.cc explored the furore surrounding Colchester’s controversial cycling PSPO, an increasingly popular (and controversial) method used by local authorities to clamp down on what they deem to be dangerous cycling.

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The controversy began in earnest in March, when female cyclist Helge Gillmeister was issued with a £100 fine for, according to the warden who stopped her, “riding on the footpath” – when, in fact, the path in question has been designated a shared-use cycle route since 2011.

Since then, the fines have continued to stack up, and with them local cyclists’ increasingly vocal criticism of the PSPO and its implementation.

Last month, two cyclists, Stuart Braybrooke and Thomas Roper, were fined on the same stretch of footway on different occasions while cycling at walking pace to avoid a notoriously dangerous roundabout, prompting Roper’s father Mike to accuse the council and wardens of displaying a lack of “common sense” when it comes to the safety of vulnerable road users.

In late May, 67-year-old cyclist Judith Highfield was cycling with her partner Mark to the shops on Culver Street, when both cyclists were stopped by WISE wardens and fined for riding in a no-cycling zone and on the footway, respectively – despite the Colchester Cycling Campaign noting since that Culver Street West does not feature a ‘no cycling’ sign and that the current ‘no motor vehicles’ signage is outdated and should be replaced by a ‘pedestrian and cycle zone’ sign.

Judith, meanwhile, told road.cc that, when she informed the warden of the presence of parked cars and motorbikes on the road in question, the WISE employee allegedly responded by saying she shouldn’t be cycling on the street because she doesn’t “pay road tax”.

Local campaigners have also received another report of a cyclist being fined for riding slowly along Culver Street West, along with anecdotal – and so far unproven – claims that people have been stopped and fined for “pushing their bikes” on the street.

And last week, on Long Wyre Street, another elderly female cyclist was similarly riding her bike in an area with a ‘no motor vehicles’ sign when she was stopped and fined £100 by WISE wardens, who also claimed she was riding on the footpath – the same erroneous reason that was given to cyclist Will Innocent when he was stopped and fined by a warden for riding his bike on a street where cycling is permitted.

> “Rogue” wardens accused of “lying in wait” for cyclists riding on pavement beside busy roundabout

Following the alarming rise in cycling fines in the city, the Colchester Cycling Campaign has launched a vocal crusade calling on the council to reword its existing PSPO, first introduced last autumn and which – despite the local authority initially assuring activists that it would “only be used against cyclists riding at people and crossing flowerbeds” – the campaign believes is too open to interpretation and enabling WISE’s wardens to target cyclists for the most minimal of infractions.

And today, a spokesperson for Colchester City Council apologised for how the PSPO has so far been implemented by the local authority’s subcontracted wardens – by contrast, no fines have been issued to cyclists by the council’s own wardens this year – and said they are “committed to ensuring the PSPO is applied fairly and consistently” and focused on the “most serious” forms of anti-social behaviour.

The council also agreed to waive all recently issued fines, and any currently under appeal, building on the local authority’s Liberal Democrat leader David King’s pledge to review the penalty process and to instruct wardens to warn, not fine, whilst the review is ongoing.

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“We understand the concerns raised by cycling campaigners. We take cyclist and pedestrian safety very seriously and acknowledge that a lack of safe cycling infrastructure can lead some cyclists to use the pavement,” the council spokesperson said.

“We also understand that some cyclists may have been issued fines when their actions were not a significant breach of the Public Space Protection Order (PSPO) or antisocial behaviour (ASB). To ensure everyone’s safety, however, it is also important to remember that the Highway Code and Road Traffic Act still apply to cyclists.

“We are sorry if we have not always got it right. We recognise the frustration for responsible cyclists. We are committed to ensuring the PSPO is applied fairly and consistently, focusing enforcement on the most serious ASB issues that truly impact our community.”

The spokesperson continued: “PSPOs are vital for maintaining a safe and attractive city centre. These orders are not taken lightly and are implemented after a rigorous process involving evidence gathering and community feedback.

“To that end, we will be strengthening guidance for our enforcement partner, WISE, to emphasise the need to assess lack of due care and attention, as well as aggravating circumstances. 

“This information should be clearly explained at the time of any interaction, which should be about education before any fine for cycling is issued.

"We are also asking WISE to waive all recently issued and contested fines, and to review others on a case-by-case basis, as needed.

“This reset should help give confidence that we are listening to residents to look after the interests of pedestrians and cyclists, and to achieve clear and consistent enforcement across Colchester.”