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  • Lawyer/Barrister Questions: ChicksandsBikePark & civil disobedience content….
  • crotchrocket
    Free Member

    For those of you that don't know: BedsFatTrax believe they have the right to charge people riding a bike through any park of Rowney Warren in Bedfordshire: this taken from there website –
    "To ride just for the day :
    A day ticket must be bought on arrival at the park from a Course Manager who will issue you with one ticket to ride for that day only. Day tickets are now required to ride on weekdays as well as weekends and bank holidays and this includes riding in the Bike Park or the XC routes."
    http://www.chicksandsbikepark.co.uk/membership_and_fees/

    in other areas on their website they admit that there WERE XC trails, but those that ride there know the trails have not been officially marked out for over 12months.

    This is taken from another website of a rider who was challenged today.
    I was physically stopped by Mr Red Jacket. The conversation was as follows:
    "£5.00 to ride in the woods" he said.. "You f%£$ing what?" I replied – which maybe wasn't the best response… "You are riding the bike park and it is £5.00 to ride it".
    "I understand that mate, but I am riding around the woods to the other side and not using the bike park".
    "£5.00 to ride" he continued.
    "So, is it £5.00 to ride anywhere in the woods? I don't think you can charge for that" I said… After a short pause….
    "Well, you have parked your car in the bike park car park, so it is £5.00".
    "Urm, afraid not. I have just ridden here from Sandy". Another pause..
    "Well, £5.00 to ride then"…
    "FFS" – I turned around, rode down the road and entered the woods a little way down…

    As I understand it, they can charge whatever they like for car parking.

    So my questions to the combined weight of the STW world are:
    If they charge for entry to the woods does trespass remain a civil matter or does it become theft?
    What are the legal consequences of mass trespass?
    What is the legal consequences regarding physical restraint/unwanted physical contact to prevent mass trespass?
    What is the legal position regarding charging for something that doesn't exist i.e. XC routes that are not marked out?

    Any legal eagles out there?

    BoardinBob
    Full Member

    As well as the trespass issue they could go after someone for breach of contract i.e. signs up saying it's £5 to ride there. If you fail to pay they could claim for their losses under breach of contract. In reality though they'd have f*ck all chance of winning a case but it's certainly another angle they could take.

    grumm
    Free Member

    Er… are there any bridleways there? If not then they can do what they like if it's private land surely?

    timmys
    Full Member

    The wood is Forestry Commission owned isn't it? I can't see how they can charge outside of the bike park.

    Are they really going to have someone standing around on weekdays to collect money? The one time I went there was a weekday and I saw, in total, two other people there.

    crotchrocket
    Free Member

    Bordinbob> I'd counter that with "demanding money with menaces" 😉
    Grumm> no bridleways. There are "paths" marked on the OS map but no "right of way" like a bridleway THROUGH the wood. There is one that runs along the southwest edge of the wood. hold on I'llfind a pic…

    crotchrocket
    Free Member

    Timmys> I don't think it's owned by the FC. they might manage it but I believe it's owned by Southill Sawmills. I understand that the land the car park is on is owned by the Pym Estate.

    The thing I'm concerned about is that BFT seems happy to demand money of n00b & XC riders while only providing facilities for more progressive riders. at the same time they are removing XC trail markers and closing sections the original red & blue routes. In all honesty it makes little difference to me personally as I ride there in the dark, but it means a trip to the woods with my wife and kids will cost nothing if we walk or £20 if we take bikes.
    The is actively DISCOURAGING new riders to try MTB and not good for the sport.

    walleater
    Full Member

    Ummm…..don't BFT rent the land from the FC? Plus there's all the labour and materials etc. IIRC they only collect money around the dual course area so if I was just riding through the area away from the built stuff I wouldn't cough up anyway. Let's face it, it's a shitty little wood in a boring and flat area so it's good to see someone do something with it IMHO.

    higgo
    Free Member

    As well as the trespass issue they could go after someone for breach of contract i.e. signs up saying it's £5 to ride there. If you fail to pay they could claim for their losses under breach of contract.

    No. A contract requires offer, consideration and acceptance. Unless they can show you have considered and accepted the offer there is no contract.

    BoardinBob
    Full Member

    No. A contract requires offer, consideration and acceptance. Unless they can show you have considered and accepted the offer there is no contract.

    Which is why I said they would have no chance of winning.

    It's the same premise private parking companies use to charge you a fortune for parking on private land.

    crotchrocket
    Free Member

    Walleater> if i were riding the 'shore or the 4x I'd be happy to pay. in fact I've been a member of BFT in the past. But dropped my membership when I realised they are not interested in XC in any way shape or form.

    Can you think of any better riding inside 30mins drive of Shefford?

    higgo
    Free Member

    Exactly Bob – the rider could have told the 'Mr Red Jacket' that he was imposing a £5.50 charge for stopping him. It would be just as valid.

    higgo
    Free Member

    Out of interest, how private are the woods? Are walkers, runners and dog-walkers allowed in?

    crotchrocket
    Free Member

    absolutely.
    Although there are signs excluding bikes from the south quarter.

    you think it's a case of racism?

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