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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son (21) cycled down to start Jury service yesterday

Customer Question

Hi,
My son (21) cycled down to start Jury service yesterday at Southwark Crown Court. He locked his bike to the railings by HMS Belfast but when he came out found an additional lock had been added to it with a note attached saying the locking of bikes was forbidden and that he MAY incur a fine for its release. He then found the small sign some distance away forbidding the locking of bikes to the railings. He had no phone and no money on him and had to walk several miles home.
Do they have any right to levy a fine?
Am I within my rights to cut the lock off?
Submitted: 8 months ago.
Category: Property Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Is this the Council or someone else please?
Customer: replied 8 months ago.
We don't know. It may well be HMS Belfast. The tourist attraction battleship on the Thames by Tower Bridge.
Expert:  Ash replied 8 months ago.
Ok - the Criminal Damage Act says:1Destroying or damaging property.(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.Therefore it will be whether he had a reasonable excuse for damaging it.Based on the fact there are no reasonable signs save for very small ones, I think he will have a reasonable excuse.Can I clarify anything for you?Alex
Customer: replied 8 months ago.
If they insist on us paying a fine can we therefore refuse and cut the lock off based on the fact that the signage was insufficient and they have no legal right to enforce such a fine?
Expert:  Ash replied 8 months ago.
Yes you could do that. A fine could be enforceable if its a Council one, but not privateDoes that clarify? Alex

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