So I see Clr Burns has had his bike locked by someone else, are there any laws preventing him having the lock removed by force?
I remember something said in the past about criminal damage to the lock?
CityCyclingEdinburgh Forum » Questions/Support/Help
Someone else locks your bike up?
(11 posts)- Started 11 years ago by DaveC
- Latest reply from Luath
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Posted 11 years ago #
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That sounds interesting. Whyfer? I presume he was parked somewhere that somebody else objected to?
I guess its similar law to the wheelclamp predicament - you're perfectly at liberty to remove a wheelclamp from your vehicle, but you're liable if you damage it.
Posted 11 years ago # -
he was parked at racks in courtyard of council chambers.
Posted 11 years ago # -
A bit mysterious - a theft attempt?
Posted 11 years ago # -
As I remember, under Scots law, depriving someone of the use of their property is considered theft. Thats why there is no wheel clamping up here, bar the DVLA. So I'd say removing a lock which has already "stolen" your bike is fair game.
Posted 11 years ago # -
I've heard of this tactic for stealing bikes. Stick a lock on, and when they leave the bike overnight you take our lock off, cut their lock and walk away avec bike.
Posted 11 years ago # -
Three options I'm aware of;
1. Upset resident locks bike they believe illegally/badly parked in order to confront rider.
2. Thieves padlock bike to increase chance of it being there in the silent hours to allow them to remove it undisturbed.
3. Careless cyclist locks up two bikes by accident instead of one.I wonder if I have to add "upset member of public locks up representatives bike out of spite" to that list though...
Posted 11 years ago # -
As I remember, under Scots law, depriving someone of the use of their property is considered theft. Thats why there is no wheel clamping up here, bar the DVLA. So I'd say removing a lock which has already "stolen" your bike is fair game.
Thats what I thought until I read this:
http://www.bbc.co.uk/news/uk-scotland-tayside-central-25032762
Posted 11 years ago # -
I expect that as its court sanctioned, much like the DVLA's activities, its cosher.
Posted 11 years ago # -
Black v. Carmichael, 1992 S.C.C.R. 709
Posted 11 years ago # -
@Smudge I've done option 3 before.
Perhaps I should have put it in the rubbish cycling thread?Posted 11 years ago #
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