Cyclists criticise wardens' practices after 62 people were fined

William Innocent, 47, regularly uses his bicycle to get around the city centre and was one of the cyclists fined by the Colchester wardens. 

He was given a ticket by a WISE officer after cycling in West Stockewell Street where it merges into High Street after giving way to pedestrians, but not dismounting his bike. 

He said: “A guy approached me and he said I rode on the pavement, which I hadn’t.

"I was then told that I should have dismounted at the end of West Stockwell Street, where it joins the High Street, but there is no sign saying that you must dismount bicycles there, or any other signs for that matter.” 

St Botolph's roundabout

Mr Innocent has contacted Colchester Council, who works in partnership with the private sector enforcement provider Waste Investigations Support and Enforcement (WISE), to confirm whether cycling is allowed in this part of the city centre and has appealed the £100 fine. 

“I’ll be more careful until I hear back from the council," he said.

"They should make it clear where it is allowed and where not.” 

Tom Roper, 21, was also fined for cycling on the pavement at St Botolph’s roundabout at the end of March. 

His father Mike said: “He assessed whether it was safe or not to go onto St Botolph’s roundabout and was then stopped and told he’d be fined for riding on the pavement. 

“He was riding extremely mindful, and he thought he was making the right decision.” 

The family has appealed the decision but was told by WISE the appeal had been dismissed, without any further explanation. 

“This seems to be a problem of privatisation,” said Mr Roper. “They use the council letterhead and contact details, but when you’re trying to ask about the fines the council says they have nothing to do with it. It is very confusing. 

“It seems that the wardens are giving fines to everyone despite people acting in their best judgement about what is safe to do.” 

Judith and her partner Mark also received fines from the WISE wardens for cycling in Culver Street during the May Day Bank holiday.

Judith said: "We first walked into Culver Street and went to the bank and healthcare shop and discussed whether we could cycle there. As there were cars and motorcycles driving we assumed we could."

The couple was stopped by the wardens in their green t-shirts and the 67-year-old pensioner was told she would get a fine.

"I told him I wasn't aware that I wasn't allowed to cycle here as other vehicles were driving there as well.

"He said they are allowed here because they pay road tax. He said he was going to fine me for cycling down there. I was flabbergasted."

She was then told that the fine would be raised to £1000 if she did not pay and if she decided to appeal the fine, it would be taken to a magistrates' court, where she could get a criminal conviction if she lost the case.

"I was so surprised. I said how should I have known and he said I should know my highway code.

The couple was even more surprised after reading the printout from the warden, which stated the offence as "cycling in a dangerous manner, likely to cause harm or intimidation or damage".

Her partner Mark added, how unjust and intimidating these fines are, and how a neutral appeal does not seem possible.

"There seems to be no way to prove your innocence. And with the private company being in charge of waiving the fines, it seems like there is no neutral panel to oversee the process."

A spokesman for Colchester City Council said: “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.

“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.

“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.”