Barbwire above a ga...
 

[Closed] Barbwire above a gate. Illegal?

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NFW
Normal for Wirksworth.
I don't know the bloke but he sounds like a nob.
I'd like to suggest chinning him, but staying out of his way sounds like the best bet.


 
Posted : 26/07/2014 10:01 am
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About that route through the woods. Is that a footpath?


 
Posted : 26/07/2014 12:36 pm
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Christ, lots of moralistic little Englanders on today!


 
Posted : 26/07/2014 1:23 pm
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aracer - Member
mikewsmith » Also pushing bikes on footpaths is a grey area.

Not all that grey - see page 7 of

And most of that is about footpaths as in pavements by the side of the road (or in the middle of one re: the zebra crossing - which is both black and white!)


 
Posted : 27/07/2014 7:17 am
 hora
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You are on a footpath. Pushing or riding its very cheeky. I pushed up a footpath in the lakes last weekend. If challenged I'd have nailed my mouth shut and left sharply.

Yesterday I rode a footpath. Same again. Barbwire can hurt a genuine walker. I.e your act. Why are you even revisiting said area after this? Antagonise? Ffs


 
Posted : 27/07/2014 7:25 am
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Pushing or riding its very cheeky.

One can be, one is not. Simple.


 
Posted : 27/07/2014 7:30 am
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Pushing a bike on a footpath is perfectly legal as is carrying it. Riding it is illegal.

I am still confused as to where this gate is and why the OP is trying to get through it. @wrighty we need you to draw us a map.

Also I see no problem with being filmed pushing my bike up a footpath, it would seem the landowner is collecting evidence to show that @wrighty is within his rights. The only caveat is whether @wrighty is crossing private land with no right of way at some point.


 
Posted : 27/07/2014 8:01 am
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jambalaya - Member
Pushing a bike on a footpath is perfectly legal as is carrying it. Riding it is illegal.

Still yet to see that actually written as proof, even on the CTC's leaflet which has a stated aim of opening all FP's up to bikes (which is a good idea) they still come up with
There is good evidence, although no direct case law, to support the view that
pushing a cycle on a footpath is not illegal

A change in interpretation would require a large scale awareness campaign to all of the stakeholders involved many of who don't share the CTC's views and interpretation.

as for the gate in question this was from earlier

this gate is from a private field adj to the footpath.


 
Posted : 27/07/2014 8:07 am
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And on the barbed wire it's private land he can do what he wants

That's not what the law says. See the posts above. You owe a duty of care to anyone who is on your land, even if they are there uninvited.


 
Posted : 27/07/2014 5:04 pm
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I'm so glad I live in Scotland


 
Posted : 27/07/2014 5:56 pm
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Ok this is still rumbling on. If I draw a little diagram where and what do I have to do to post it and get it on here?


 
Posted : 27/07/2014 6:34 pm
 Del
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really, don't waste your time. it was 10 hours between the last two posts ( not including yours ). it's really not that uncommon to see barbed wire across the top of a gate. you don't have legitimate access over the top of it. if you're really that determined to stick two fingers up to the guy, just keep using the footpath, otherwise, let it go.


 
Posted : 27/07/2014 6:46 pm
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@wrightyson - you need to upload the picture to a photosharing website (e.g. photo bucket) then you can insert it here. Or email it to someone who can do that for you. Personally I would like to see the diagram as I think we can settle the issue, possibly 😕


 
Posted : 27/07/2014 10:13 pm
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You owe a duty of care to anyone who is on your land, even if they are there uninvited.

You can owe a duty of care but barbed wire over a gate isn't actually dangerous, does that mean you think a barbed wire fence would be a breach of your duty of care. A chain and padlock round the gate would probably stop most people using it, maybe a sign saying private property Piss Off.
If he wanted he could run a 6ft deer proof fence along there.


 
Posted : 27/07/2014 11:08 pm
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