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Cyclist left shaken after being pelted with cement on Edinburgh bike path

The incident occurred after 67-year-old John Mitchell asked a worker if he had permission to block the cycle lane with a cement mixer

A 67-year-old cyclist says he was left shaken after being pelted with cement by an angry worker accused of blocking a cycle lane in Edinburgh.

John Mitchell was cycling towards Potterrow from Nicholson Square, in the city’s Old Town, near the University of Edinburgh, when he was forced to slow down after noticing that the bike lane he was using was obstructed by a cement mixer.

Mitchell stopped to film the obstruction before asking one of the workers if they had permission to block the path.

After an angry confrontation, Mitchell says he started to cycle away when the worker threw a shovel full of cement at his back, plastering his jacket and parts of his Moulton bike.

"When I approached Potterrow from Nicholson Square it was all cornered off with no signs put up and there was a cement mixer blocking the road,” Mitchell told Edinburgh Live.

"As I headed into that section, the cement mixer was completely blocking the road and with the barriers up I couldn't get out, so I stopped and got off to video it.

"There was a couple of workmen in the restaurant and a big chap came out. I asked if they had permission and he said, 'No and I don't f****** care', when I said that wasn't on.

"I then told him I'd report it to the council and he replied in an aggressive manner, 'do what you like.' He was over six foot tall and built like a tenement block. I'm 67 and five foot six, so I decided to just leave it and got on my bike to cycle away,” he said.

"As I squeezed onto the pavement to cycle off, he threw a spade full of cement at me. I couldn't believe it and said I'm phoning the police, to which he said again 'phone who you f****** want.' It's outrageous so I phoned 999. I was concerned if he were to behave like that and hurt somebody else.

"There was a witness there, a young student who saw it and said that's not okay. The police came around this morning [Wednesday] and took a statement.

“They said they are investigating but they might charge him with vandalism rather than assault, as assault has to show intent to harm.

"I was so shaken, I just went home. My bike and clothes are covered in cement. He covered me in it. It’s a wax jacket so I’m hoping it’ll brush off. Hopefully it will come off my old Moulton easily.”

According to Mitchell, police are now investigating both the worker and his employer, while the City of Edinburgh Council has also said that the matter has been passed to their roads team for further action.

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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73 comments

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giff77 replied to Joeinpoole | 2 years ago
5 likes

Would the same workman have placed the mixer on the carriageway if there was no cycle lane?  Whether he placed it on the pavement or the road he would have been blocking progress. Even with that there's no guarantee he would remove spilt concrete once done. The builder could of course done it the old fashioned way and mixed by hand inside the building.

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chrisonabike replied to Joeinpoole | 2 years ago
13 likes

Reading the article it doesn't see like Mr Mitchell caused a fuss. He filmed this, asked a question and said he'd report this to the council.  He then went on his way.  Sounds like the builders got bolshy and then assaulted him.

I'd say it was assault because cement can definitely cause injury just by sitting on you.  Plus having a shovel-full would be a few kilos of material flung at you.  At the very least you've possibly written off some property (damage to clothes / bike).

Unfortunately it's very common for people to deposit their property on footways and cycle tracks / paths - or use this for their commercial gain or private projects.  You can of course go round it - more or less conveniently.  Maybe much less conveniently if you're old / disabled, occasionally not at all.  You may be forced into the road.  That may be difficult (high kerb which may be impassible in a wheelchair). And aside from the normal risk of being in the road it might well be a specifically dangerous place to move into the traffic.

So in this case the workman makes his wage, the builder gets his fee, someone has their property improved, but it's at everyone else's inconvenience and possibly increased risk.

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emjay49 replied to Joeinpoole | 2 years ago
14 likes

Let's all choose to look the other way and leave it up to a pensioner with a sense of pride to stand up to some arsehole with sense of entitlement.

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grOg replied to emjay49 | 2 years ago
1 like

Vigilante action is never a good idea; report to the relevant authority.

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TheBillder replied to grOg | 2 years ago
4 likes

It's not really vigilante action though - that involves a decision on guilt, enforcement and retribution. Hangman, judge and Judy, that kind of thing.

The victim merely asked the perpetrator not to continue with his bad behaviour.

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Rendel Harris replied to TheBillder | 2 years ago
4 likes
TheBillder wrote:

It's not really vigilante action though - that involves a decision on guilt, enforcement and retribution. Hangman, judge and Judy, that kind of thing. The victim merely asked the perpetrator not to continue with his bad behaviour.

Spot on, I am so bored with people saying a cyclist reporting an offence - or simply asking others to stop committing an offence - is "vigilante action." Vigilante action is taking the law into one's own hands and meting out punishment to malefactors, not acting to report or point out to others transgressions of the law. I'd like to live next door to some of these people (well I wouldn't, but just for this purpose): "Sorry mate, I saw your house being burgled but because I know you don't like 'vigilante action' I didn't try to stop them, film them or call the police, I knew you'd approve."

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giff77 replied to grOg | 2 years ago
2 likes

We've already explained to you the meaning of vigilantism in other threads. Please don't make us repeat ourselves. 

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chrisonabike replied to giff77 | 2 years ago
2 likes
giff77 wrote:

We've already explained to you the meaning of vigilantism in other threads. Please don't make us repeat ourselves. 

You can say that again!

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mdavidford replied to chrisonabike | 2 years ago
0 likes

No need - you just did it for them.

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Captain Badger replied to Joeinpoole | 2 years ago
8 likes
Joeinpoole wrote:

Why didn't Mr Mitchell simply cycle or walk around the temporary obstruction without causing a fuss? That would have cost him a second or two rather than the hours spent complaining and cleaning his gear. The workman was just trying to earn a living.

You seem to suggest that he was preventing the workmen from earning a living (he didn't, they will be paid anyway), and that the workman was justified in slinging a load of concrete at him (they weren't, with no need for a qualifier)

Whether the workmen  were operating reasonably or not is moot, but abuse and assault/vandalism is not an acceptable response in this situation.

The company is operating for a profit. Ensuring that their operation minimises inconvenience in the public space, and adheres to regulations and good practice needs to be costed into their model. It's not the public's responsibility to ensure this happens.

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chrisonabike replied to Joeinpoole | 2 years ago
7 likes

Edinburgh, this morning. We have a road that's been designated as part of a "cycle route" where traffic calming is in place - so regular build-outs to narrow the road to a single lane.  Bypasses for bikes.  Non-mandatory cycle lanes.  Just before a build-out I find Stellar Cleaning Services window-cleaner parked in the cycle lane. Bearing in mind this is not illegal (because non-mandatory lane...) it however hides me from on-coming traffic (the build-out block is on the right side here).  You can just see the sign at left showing that I've priority at the narrowing / build-out.

I caused no fuss and just went around after taking pictures.  This is absolutely standard though.  Ultimately the road design and "culture" are the issue.  My beef is if we actually want "normal people" (e.g. most people) to cycle we need to sort this.  Otherwise you're taking them for fools - they'll sensibly not want to do this multiple times every trip.

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chrisonabike replied to Joeinpoole | 2 years ago
7 likes

A mile or so further on - slightly different type of blockage but similar idea.  Again - no-one's doing anything illegal, it's not as bad as a hole in the road or as dangerous as routing bikes around HGVs.  Having this constantly repeated just makes cycling feel less save and much less convenient.  Plus it's effectively a design mistake that we've all paid for.  Failure to think it through - it's "professional amateurism".

Anyway I don't bother to note these normally as it's so normal.

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eburtthebike replied to chrisonabike | 2 years ago
6 likes
chrisonatrike wrote:

Again - no-one's doing anything illegal,

It is illegal, it's obstructing the highway.

I had the same about ten years ago, but the perpetrator had a caravan on his drive with the same reg, so I knocked on his door at 0700 when I was trying to ride to work, and asked him to move it because it was causing an obstruction, or I would be forced to report it to the police, which he did.  About six months later I found out he was a policeman.

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chrisonabike replied to eburtthebike | 2 years ago
2 likes

Surely in the same way as it's unconscionable that politicians could break the law - they just make it - the police can never do anything illegal?

I can see this whole "optimism" thing will take more effort than I thought.

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giff77 replied to chrisonabike | 2 years ago
1 like

Have one of these at a roundabout exit by Glasgow Airport. I think the plan was to allow you to circumnavigate the roundabout without stopping. People now seem to use it as a parking bay.  😡  There's no way this is encouraging infra for new cyclists. 

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chrisonabike replied to giff77 | 2 years ago
4 likes
giff77 wrote:

Have one of these at a roundabout exit by Glasgow Airport. I think the plan was to allow you to circumnavigate the roundabout without stopping. People now seem to use it as a parking bay.  😡  There's no way this is encouraging infra for new cyclists. 

Sadly this is self-fulfilling e.g. we notice there are no cyclists, so to get some we put in cheap interventions.  We can't find money or will to do it properly - because there are no cyclists.  Because the interventions are poor and don't form a network you get no more cyclists.  Because there are no cyclists drivists think "what a waste, I might as well use it". So you end up with no cyclists.

It's hard to break that cycle because if money is found and the will to do something properly it's almost inevitable that this only stretches to doing it in one place.  So as this doesn't link up to other routes you still get few takers because no-one wants to brave the roads to get there.

Although they're definitely "second class" when compared to The Netherlands I think models like Sweden / Denmark or maybe better Seville point the way.  They've created a network. Yes - it's not going everywhere yet, some of it's pretty poor and they still have tons of space for cars.  However although compromised it feels like it's been designed by people who cycle. My rant about the new Edinburgh stuff is basically that it doesn't.  It feels like it was designed by someone who had certainly seen some good cycle infra but not actually ridden on any.

So maybe the way is to get as much money as possible but spread it a little more wide and thin.  It's important to set a minimum standard (no paint-only stuff, no "sign it better", no posts in the middle of the cycle path). But in the interests of getting a coherent network maybe that can be low.  So ugly and a bit bumpy is OK, concrete blocks and slaps of tarmac are OK. Make a network - even if it doesn't cover the whole town / city.  Address the junctions first - those are the real "road blocks" for both convenience and feeling safe. It should be possible to get pedestrians on-side here too!

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TriTaxMan replied to Joeinpoole | 2 years ago
11 likes
Joeinpoole wrote:

Why didn't Mr Mitchell simply cycle or walk around the temporary obstruction without causing a fuss? That would have cost him a second or two rather than the hours spent complaining and cleaning his gear. The workman was just trying to earn a living.

My partner (not a cyclist) has suffered verbal abuse at the hands of a "workman" that was just trying to earn a living..... Why? 

Because they asked a van driver who was parked blocking the pavement, preventing an elderly gentleman in a mobility scooter from being able to pass the vehicle, to move their van to let the elderly gentleman past.  My partner passed the van on their way to the shop and passed the elderly gentleman a little further up the road.  Despite it being clear that the elderly gentleman wanted past the "poor hard working van driver" completely ignored them for at least 10 minutes before my partner returned.  Given that it was November and was cold, wet and windy (and the scooter was not a covered scooter) it wasn't a place where I would be wanting to sit for 10 minutes, let alone a pensioner.

To make things worse this was about 50m away from the location where an elderly gentleman had been killed crossing the road less than 7 days earlier.

So I really don't buy the "just trying to earn a living" excuse

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Captain Badger replied to TriTaxMan | 2 years ago
2 likes
TriTaxMan wrote:

.....

So I really don't buy the "just trying to earn a living" excuse

Perhaps "hard pressed"?

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grOg replied to Joeinpoole | 2 years ago
1 like

At 67, I'd say he's retired.. he's got nothing better to do than confront angry workmen; but seriously, don't be a cycling Mikey type and confront people about infractions.. take discrete video and later report to the relevant authority and/or employer.

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Bucks Cycle Cammer | 2 years ago
8 likes

I have no idea of the intricacies of Scottish common law, but in E&W there absolutely doesn't need to be any intent; intent is only required for GBH/wounding.

https://www.sentencingcouncil.org.uk/news/item/assault-offences-explained/

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open_roads | 2 years ago
8 likes

The company information for Domus Joinery and Building Projects is interesting.

https://find-and-update.company-information.service.gov.uk/company/SC616...

The current incarnation of the company was formed in 2018. It's sole director is Jenifer Hamilton who has listed her occupation as "social worker".

Meanwhile the company webpage claims it was started and is run by Ian Hamilton from 2016 onwards - and his LinkedIn profile says the same.

There's presumably a reason Mr Hamilton claims to be the owner whilst it's actually set up legally to give the appearance of being run by someone else - possibly his spouse.

Others will I'm sure be able to fill in the gaps.

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muhasib replied to open_roads | 2 years ago
2 likes

It could just be random coincidence but it isn't the first company a person with the spelling 'Jenifer' has been a director of at some stage that has 'Domus' in its name, they also appear to have been born in the same month.

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brooksby replied to open_roads | 2 years ago
6 likes
open_roads wrote:

There's presumably a reason Mr Hamilton claims to be the owner whilst it's actually set up legally to give the appearance of being run by someone else - possibly his spouse.

Jenifer is listed as sole director, sole shareholder, and sole 'person with significant control', and the company's accounts say that they have 1 employee.

However, if Ian Hamilton actually tends to run things and Jenifer tends to do what he says, then he should be listed as a person with significant control "having other significant influence" regardless of his not being a director or shareholder.

You know, that's the sort of omission that ought to be notified to Companies House...

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chrisonabike replied to brooksby | 2 years ago
7 likes

As someone who's had to spend a bit of time digging about Companies House records for work I can safely say

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chrisonabike replied to chrisonabike | 2 years ago
2 likes

To be fair to the Companies House people this is entirely the fault of their masters who set the rules.  Or rather they don't, they don't provide resources to detect - let alone do something about - people recording nonsense with CH or indeed just not bothering to.  Our politicians do provide clear direction here though.  It's totally clear that the last thing we want is to cause any trouble to money coming into this country.  Or influential folks within the UK squirrelling it away.

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brooksby replied to chrisonabike | 2 years ago
1 like

IAF they do seem to be (finally) cracking down a bit of late.  We've had several letters come in here relating to clients or former clients querying what's been declared as the PSCs.

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chrisonabike replied to brooksby | 2 years ago
0 likes

Yeah - though it's a bit like the school setting a policy of pupils marking their own homework and then deciding it needs to try to avoid plagarism and everyone getting full marks.  So they decide to have an occasional check up where they ask "is this your own work? Is this mark correct?" - but always accept the pupil's answer. On some of their forums you can sense the incredulity - especially from people outside the UK.  Here's an official register but which has no investigatory powers and there's barely any validation of individual fields of data, never mind checks on whether that bears any relation to reality. (Yes you can report a few things here and insolvency/unfitness to direct is dealt with).

You probably know of plenty but Graham Barrow's blog has some interesting comment.

On the other hand just from the data point of view keeping a reasonably simple record for over 100 years [ 00034786 RC000830 ] when culture changes, the rules change, the laws change, even countries change shape, name and indeed existence is always going to be an interesting exercise!

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brooksby replied to chrisonabike | 2 years ago
1 like
chrisonatrike wrote:

As someone who's had to spend a bit of time digging about Companies House records for work I can safely say

I share your pain  4

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grOg replied to brooksby | 2 years ago
0 likes

Done for tax purposes.. good luck with reporting your suspicions.

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hawkinspeter | 2 years ago
9 likes

Chucking a spade of cement is obviously intended to cause harm - what other possible reason could there be? Vandalising the back of someone's head?

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