More driver scum. An assault at least.

In today's video a passenger leans out of a van window and throws a cup of hot chocolate over a cyclist.

Simon, who submitted the clip, was out riding in the Peak District when he was attacked by the passenger of a grey Transit van.

He said the police were unable to prosecute the driver of the van for anything other than a Fixed Penalty Notice for littering.

Explaining what happened, he said: "I thought I was being hit by sand falling from a builder's truck, such was the force on my back, before realising I was soaked all over and my bike was covered in sticky chocolate.

"Then I saw the offender drop the McDonald's cup into the road. Good shot mind - but it could have knocked me into the kerb.

"The police were unable to find the driver (who was not the registered keeper, although they know his name).

"The driver (of no fixed address) took the vehicle off the road and crunched it, no doubt to prevent him being stopped in the future by the police who might then uncover other nefarious activities.

"Odd thing, the law does not allow the keeper nor the driver to be charged with the assault carried out by the passenger but they can be charged on his behalf with the minor offence of his littering.

"So, the keeper got a Fixed Penalty Notice for littering. Hey ho, a result of sorts and the driver's down one van."

Simon pointed out that if this had happened in the street while he was walking along, he might have had a better chance of getting a prosecution.

He said: "It was malicious. It left me shocked, shaking and bewildered as to why anyone would do that to a cyclist simply minding his own business.

"I was cold too as my jersey and shorts were wet through. I still had to get home for another 40 minutes.

"Can you imagine if he had walked up to me in the high street, a complete stranger, and poured a hot chocolate over a 60 year old just going about their business? I reckon the police would not have let it go.

"But, he got away with it. So what does he hit the next cyclist with, in revenge for having had the police enquiring after him?"

https://road.cc/content/news/nmotd-640-hot-chocolate-thrown-over-cyclist-moving-car-286649

On 26/09/2021 11:36 am, swldx...@gmail.com wrote:

> More driver scum. An assault at least.
>
> In today's video a passenger leans out of a van window and throws a cup of hot chocolate over a cyclist.
>
> Simon, who submitted the clip, was out riding in the Peak District when he was attacked by the passenger of a grey Transit van.
>
> He said the police were unable to prosecute the driver of the van for anything other than a Fixed Penalty Notice for littering.

How could they do that?

The cyclist *said* it wasn't the *driver* who did it.
>
> Explaining what happened, he said: "I thought I was being hit by sand falling from a builder's truck, such was the force on my back, before realising I was soaked all over and my bike was covered in sticky chocolate.
>
> "Then I saw the offender drop the McDonald's cup into the road. Good shot mind - but it could have knocked me into the kerb.

An empty paper cup could have knocked him into the kerb? Really?

> "The police were unable to find the driver (who was not the registered keeper, although they know his name).

How would the police know who the driver of a vehicle was unless he was
the registered keeper (and even then, it would only be a presumption)?

> "The driver (of no fixed address)

How on EARTH can they "know" that?

> took the vehicle off the road and crunched it, no doubt to prevent him being stopped in the future by the police who might then uncover other nefarious activities.

No doubt... there's obviously nothing that you and/or the police don't
think you know.
>
> "Odd thing, the law does not allow the keeper nor the driver to be charged with the assault carried out by the passenger but they can be charged on his behalf with the minor offence of his littering.

The driver didn't do the littering. That's established. Do you know the
name and address of the passenger too?

Tarot? Or crystal ball?
>
> "So, the keeper got a Fixed Penalty Notice for littering. Hey ho, a result of sorts and the driver's down one van."

How can anyone know any of this?

Hint: You can't. You're making it up as you go along.
>
> Simon pointed out that if this had happened in the street while he was walking along, he might have had a better chance of getting a prosecution.
>
> He said: "It was malicious. It left me shocked, shaking and bewildered as to why anyone would do that to a cyclist simply minding his own business.
>
> "I was cold too as my jersey and shorts were wet through. I still had to get home for another 40 minutes.
>
> "Can you imagine if he had walked up to me in the high street, a complete stranger, and poured a hot chocolate over a 60 year old just going about their business? I reckon the police would not have let it go.
>
> "But, he got away with it. So what does he hit the next cyclist with, in revenge for having had the police enquiring after him?"
>
> https://road.cc/content/news/nmotd-640-hot-chocolate-thrown-over-cyclist-moving-car-286649

Ah... road.cc... a/k/a the Fantasists' Gazette.

On Sunday, September 26, 2021 at 11:36:28 AM UTC+1, swldx...@gmail.com wrote:
> More driver scum. An assault at least.

qwerty360 | 62 posts | 3 hours ago
1 like

In addition to reporting to police as assault, you can also make an insurance claim (driver is liable for anything being carried).

Personally I would seriously consider after something like this calling a Taxi and paying the cleaning fee.

I also don't think it would be unreasonable for you to claim for getting a full strip down service done on the basis that the sticky liquid may have gotten into bearings, cable outers, seat tube etc...

So a few £100 insurance claim. The insurer (or from sounds of this MIB) would almost certainly have to pay some of it (e.g. taxi rescue + cleaning fee) and I suspect wouldn't argue.

sparrowlegs | 144 posts | 6 hours ago
1 like

Bet that cup was full of fingerprints that could have, more than likely would have lead to a person who's committed for worse.

No doubt travellers who have the ability to make vehicles disappear. Loads of them around near me. If they're not driving a van like this it'll be a C63 or M5. One came past me and he was on his phone while eating a porridge pot, throwing the lid of of the window. Couldn't give a shit.
Rendel Harris | 926 posts | 9 hours ago
5 likes

Had a (full, judging by the amount of beer it was spraying out as it passed) beer can thrown at me while riding on the cycle lane over Vauxhall Bridge last year, ducked and it flew over my head into the Thames. Totally unprovoked, had no interaction with the occupants of the van it came from. Reported it to a police patrol nearby, with the registration - apparently the funniest thing ever, "We can't do anyfink if the evidence is in the river" and "Try and catch it next time so you get a free drink." Refused to do anything at all, sure they would have been just the same if someone threw a full can into a car windscreen at speed...oh but that would have damaged valuable property, not just some cyclist's head...
Fazdad | 2 posts | 9 hours ago
11 likes

My wife and I were also subject to a similar incident, we had a close pass and a bottle of lucozade emptied over us, before the car raced off.
I had no camera, but phoned the police (Scotland) and the driver now has an ASBO for a year and the passenger has been charged with assault. I dont see how the same couldn't apply here ?

>
> https://road.cc/content/news/nmotd-640-hot-chocolate-thrown-over-cyclist-moving-car-286649