There's an angry man involved, he doesn't like us. We use a path nown again by his house, its not over his lawn or anything and he must stand guard to catch anyone as it's so oveegrown. Weve had run ins with him before. We only actually lift our bikes through a gate and then push up the path as it's unrideable. Today he came out and told me he'd be serving a notice on us if he saw us again, reckons his solicitor has advised him so. I'll state we don't do this to antagonize him, its just an idle way to the top when the legs aren't feeling it for any extra climbing. Today he took my picture again and I believe he'll easily get my name as I was once well known in the town. However I was told by several on here some years ago that it is not illegal to push a bike on a footpath. So where do we stand, are we breaking the law?
Yes/no depending on definition of riding a bike but it's a civil matter and he'd need to demonstrate what damage you've caused him. If he could prove that (damage to grass? Damaged gate?) then you could be liable for that.
You've spoken about this before. Can you not just ride down Bolehill and ride up to the trig from the carpark.
Why bother with the agro?
No law (unless it's a local bylaw). It's a civil issue only. Is he the land owner or their agent/representative? If not, it's none of his business.
Landowner could pursue you for damages in court. Chuck them a quid if challenged.
Just walk by, say nothing, and grin like chimp in heat.
Will annoy the **** out of him. 
I'm sure I was told that pushing a bike is illegal on a footpath. However,if you lift off the ground & carry it it's fine! I'm no solicitor mind so that could be complete rubbish!
[url= http://www.cyclecraft.co.uk/digest/pushing.html ]http://www.cyclecraft.co.uk/digest/pushing.html[/url]
As I understand it you can push a bike n a public footpath.
Is it a ROW? If it is, then wind him up as much as you can.
If it's not then just pass quietly through.
Is he the landowner or the landowner's appointed agent? No? Then he can go **** himself. Or perhaps you should just say that you respect his right to an opinion as that is all it is.
If he is the landowner and you are pushing your bikes I'm pretty sure there is still sod all he can do. If you want to be really careful, wear a go pro in case he gets abusive/physical then just say "I'll see your civil offense of trespass and raise you a criminal case of assault".
Failing all this just stay calm, realise that he is going to have to jump through a whole series of hoops and the police will probably not be interested. You never know, he might find something else to dedicate his sad little life to.
Cycling on a footpath is classed as trespassing against the landowner. Pushing a bike is no different from pushing a pram though, I'd have thought.
If you were steaming through at Mach 1 yelling "Straaavvvaaaaa!!" then I'd understand his objection. Pushing a bike though, he's clearly got nothing better to do.
Doesn't really tackle pushing, but this is an interesting read:
he'll easily get my name as I was once well known in the town
Are you Ronnie Pickering?
You've spoken about this before. Can you not just ride down Bolehill and ride up to the trig from the carpark.Why bother with the agro?
Yup and sometimes we use the right turn off spitewinter and then go up by the mast.
It's not like I use it every week. Probably 6 times this year and when time constraints are tight.
It's just his whole attitude, we are very respectful etc don't slam the gate and just push up.
I clearly don't want a court summons or whatever but I'd live to just keep using it when I want and ignore Mr nasty.
Oraganise a mass protest /STW ride where we can just do lapes of this route
Film him basically and carry on is my advice but he is not going to back down. You need to decide if you want the hassle as much as he clearly does
I believe the natural accompaniment argument is just that. It's not actually made it to court so not entered into common law.
Happy to be told otherwise if someone can name a case.
Is this "footpath" you are pushing up actually a DH trail?
Anyone can sue for anything and if his solicitor really has advised action then that is probably based on a creative interpretation of the facts.
Ignore.
You dont say if its a ROW, or actually his private path.
If the former, push and smile. If the latter, dont be a dick.
I clearly don't want a court summons or whatever but I'd live to just keep using it when I want and ignore Mr nasty.
If he sends you a summons a) it'll be laughed out of court and b) I'll show my arse in Evans' front window.
This reads like it's a footpath across his land.. is that right? If so and as mentioned he can ask you to leave, and can sue for damages.
If it is his land, stop it...
If it's by his house but a council footpath (right of way) tell him to bring it on. It's his money he'll be wasting
You can pay (about fifteen quid) the Land Registry to see if the path is within his boundary and therefore his property. If it is, then he's within his rights to stop you. If not, then let him get on with it, smile and carry on as you were.
he'll easily get my name as I was once well known in the town
Are you like one of those extras from the original Star Trek that attends ComicCon?
...to see if the path is within his boundary and therefore his property. If it is, then he's within his rights to stop you
I'm confused. Surely if it's a public ROW then he's not within his rights to stop you at all? Even if going across his land? Every ROW goes over someone's land.
I'm confused. Surely if it's a public ROW then he's not within his rights to stop you at all? Even if going across his land? Every ROW goes over someone's land.
I'm not saying he can stop the OP from using the path if it is a ROW, but I believe he can stop him from using his bike. Pushing the bike over might be a grey area.
Pushing a bike is no different from pushing a pram though, I'd have thought.
Ah, the Joys of R v Mathias
As with a bike being pushed, a pram on a public footpath can/could, in certain rare circumstances, potentially be a public nuisance and therefore prohibited, there is no [i]general[/i] rule, it would be a matter of fact in the individual case.
Crank V Brooks is the oft quoted defence regards pushing a bike on a pedestrian facility, however its not been tested with particular reference to a public footpath.
I'm not saying he can stop the OP from using the path if it is a ROW, but I believe he can stop him from using his bike. Pushing the bike over might be a grey area.
This
If the OP does get actually issued a notice, he should contact the offroad team at CyclingUK... 😉
Might help if the Op told us the status of the path and if the angry chap owns it or not before we make a judgement.
he'll easily get my name as I was once well known in the town.
I've lost all interest in the footpath until this gets resolved.
Hmmm, your name can be found merely with a photo of you sweating your nadgers off in a helmet and (I expect, this is STW) a deeply unfashionable and ironic array of Aldi and Rapha attire. Did you used to be hired for hen parties to do a routine with a toothbrush, a bowl of jelly and a shaven ferret? Am I close?
Or he could seek injunctive relief if he wanted to prevent any ongoing civil trespass.
http://www.cyclinguk.org/article/campaigns-guide/cycling-on-footpath-trespass
http://www.cyclinguk.org/campaigning/views-and-briefings/public-footpaths-england-wales
https://www.gov.uk/guidance/public-rights-of-way-landowner-responsibilities
? Have you checked the definitive map(*it is legally binding) for the path status - check the relevant local council site. See also
http://www.rowmaps.com/ - which is usually quicker than local gov sites
Or he could seek injunctive relief if he wanted to prevent any ongoing civil trespass.
He certianly could *if* pushing rather than riding on a footpath was a trespass. There is no caselaw demonstrating that it is, and caselaw that is suggestive, but not conclusive, that it isn't. (And we are excluding here the possibility that rights may have been gained through S31 or common law prescription on the basis of long use)
Can we see a screengrab of the OS map showing this particular path, this ought to show if it's on the definitive map, or at least a recognised footpath.
Or an OS ref so we can find it and see for ourselves, it's impossible to comment without knowing the actual area concerned.
Overgrown you say. How about an STW [s]trail[/s] ROW maintenance day with petrol strimmers and brush cutters?
Is this the path leading left from the trig point leading down that nice cheeky downhill to the steps on the road?
if so ive had a run in with him.
Proper militant he is!
he'll easily get my name as I was once well known in the town.
ASBO?
There's a track/path in Swaledale that Stu from the Bike Centre calls, 'Angry Man', for the same reason.
Ride past him in fancy dress a few times. Clown outfit with a large daisy sticking up.
spekkie - Member
Ride past him in fancy dress a few times. Clown outfit [b]with a large daisy sticking up[/b].
Sticking up what?
Ride past him in fancy dress a few times. Clown outfit with a large daisy sticking up
If he is an old geezer dress up as the Grim Reaper and ride past shouting "You're next"!!
I've no idea if said path is row or footpath etc there's signs on the gate saying footpath . I lived in wirksworth (said town) for years and rode up on black rocks on my falcon some 25 years ago. Said bloke is so far removed from derbyshire it's sad, moved to the town picked up a bit of land with the price of the house etc. And yes wussa is a town where even Ronnie Pickering would be known
[url= https://s4.postimg.org/cihhenya5/IMG_0705.jp g" target="_blank">
Which way do you go?
You mention the footpath is overgrown. Can't remember how wide etc it should be but perhaps he has an obligation to maintain it better 😉
Is it overgrown because he also challenges walkers without bikes?
If he is then the Ramblers association might take an interest and if councils still have a ROW officer he might be known to them - with a bike you are just a very easy target for him and his petty ways - personally I'd try to find out if he is the landowner and if he isn't show him your evidence and suggest that his repeated actions and photography could be considered harassment - and you are one up....you know where he lives
".....push up the path as it's unrideable" I'm surprised nobody has commented on that lack of effort 😉
What an odd little country England is.
If it's overgrown from below it's the highway authority's responsibility. If it's overgrown from the sides it would be the responsibility of the adjoining landowner, but you should still complain to the highways authority.
@Drac the op is talking about the short bit of public footpath leading off the road bottom left ish of your map, which then leads up to the trig point (there's a 259 next to the start of it)
Not been up there for year's as the step's at the bottom are quite awkward, but have had a run in with said landowner at the trig point when he did try to take our photo.
Probably 100 or so meters may be his land (I'm not sure) but then it goes into either Derbyshire County Council or Forestry land.
public footpath leading off the road bottom left ish of your map,
So that's definitely a public ROW.
Tell him to do one, doesn't matter if he owns it or not.
In fact, he needs to maintain it to ensure it's passable.
So [url= https://www.google.co.uk/maps/@53.0920199,-1.5621094,3a,82.2y,359.53h,74.53t/data=!3m6!1e1!3m4!1sCutlBs1y5MFWL25dfdE0dg!2e0!7i13312!8i6656 ]here[/url] then?
