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Driver escapes punishment for alleged hit-and-run on cyclist, as victim blasts police inaction and “barriers to justice”

The cyclist says he contacted Police Scotland 30 times after the incident and only received two responses – with the lead officer taking over six months to open the email containing the crash footage

A cyclist has criticised Police Scotland’s “appalling” inaction that enabled a motorist to escape punishment for an alleged hit-and-run, which the rider claims left him with a broken bike and “unable to sit down for a week”.

Cyclist Alan Myles says that, despite contacting East Dunbartonshire Police around 30 times in relation to the incident, he only received two responses – with one officer even taking over six months to reply to an email containing the crash footage.

Myles also claims that those investigating the apparent collision failed to contact two witnesses, and that an officer told him that, due to the lengthy delay in tracking down the motorist, the offence had been downgraded from dangerous to careless driving because “the driver couldn’t remember the incident”.

The cyclist added that he only discovered that the case had been thrown out after contacting the Procurator Fiscal, who dismissed the police’s report as time-barred – over a year after the alleged hit-and-run took place.

The incident, footage of which has been shared on Twitter by the cyclist, occurred on 30 November 2021 on Strathblane Road, just outside Lennoxtown, East Dunbartonshire, as the cyclist and motorist made their way through a set of temporary traffic lights.

Describing the alleged collision, Alan said: “Storm Arwen was blowing and the roads were covered in debris. The driver was obviously annoyed at stopping for the road works, and tailgated me through them. I waved him back twice and then he deliberately rammed me, crashing through the roadworks too.

“He sped off, pursued by a witness who tried to get him to stop but gave up after ‘he went through the next village at over 70mph’, when she then called the police. The driver waiting at the other lights also called the incident in.”

He continued: “The police arrived and interviewed just me, and from the last time I spoke to either of them, it seems neither witness has ever been contacted.”

> Not giving up — why a camera cyclist driven off social media by abuse won’t stop reporting dangerous motorists

The police’s inability to contact the two witnesses proved only the start of the cyclist’s frustrations with the manner in which the investigation was being carried out.

“The lead officer asked that I email him the footage, which I did within 20 minutes,” he says. “Seven months later and over 20 calls later, he opened the email.

“Initially he told me this would be treated as dangerous driving, but after five months he was able to track the driver down and said that unfortunately as the driver couldn’t remember the incident, he would have to downgrade it to careless.

“This was the last I heard from the officer, eventually getting in touch with his sergeant, who promised action – but nothing happened until over a year later when a report was submitted to the Procurator Fiscal [Scotland’s public prosecution service], who immediately dismissed it as it was time-barred.”

In the 15 months since the incident, Myles claims that the motorist has close passed him on five other occasions, forcing him to begin using a different route and causing “significant distress and inconvenience”.

> Driver who assaulted cyclist told by police to “engage with anger management”

The alleged hit-and-run isn’t the first time that the cyclist has been a target for angry motorists on the roads.

In July 2021, he was punched on the shoulder and helmet after confronting a driver who had close passed him in Yorkshire – with the irate motorist told by South Yorkshire Police to “engage with anger management,” according to a Community Resolution form sent to Myles months later.

And then early last year, he gained some viral internet notoriety for a clip which shows a driver – incensed that Myles had pointed out that he was using his phone behind the wheel – chasing after the cyclist before aiming a kick at him, at which point he landed on the road with a comedic thud.

> Driver aims ‘can-can’ kick at cyclist, misses – and falls on his backside

Speaking to road.cc, Alan also noted that in both of these instances, the motorists either escaped any consequences for their actions (in the case of the ‘can-can kicker’) or received negligible punishments.

“This was not my first disappointment either, so it doesn’t feel like a one off,” he tells road.cc.

Nevertheless, this latest incident – and the much-delayed and ineffective police response which followed it – has left Myles “deeply distressed”.

“Whilst I know that there will always be bad drivers, the lack of action from the police has had a greater and longer lasting effect,” he says.

“I am quite a tenacious person (evidenced by my 30 follow-ups) and still found the barriers thrown up to me as the victim as a very high bar to clear for justice.

“As I mentioned in the Twitter thread, an officer who I was giving a statement to about another incident of dangerous driving by a bus driver said ‘cyclists boil my piss too sometimes, but this driving is unacceptable’, which doesn’t seem like a level playing field to start a conversation on.”

> Police ask pedestrians to wear hi-vis following spate of road deaths in Scotland

Myles joined the growing calls for Police Scotland to adopt an online portal for reporting instances of dangerous driving, along with “dedicated officers and resources that do not allow things like this to happen”.

The cyclist also alluded to Police Scotland chief inspector Lorraine Napier’s recent comments, made after six people were killed while walking in just 13 days in Scotland, that pedestrians should wear “reflective or fluorescent” clothing to ensure they remain visible.

“Whilst Ch Insp Napier victim blames vulnerable road users, it should be noted I was doing everything asked and more,” Myles says.

“But ultimately if there are no consequences to people’s actions, then there are no laws – this is on you.”

Police Scotland have been contacted by road.cc for comment.

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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30 comments

Avatar
mt1138 | 1 year ago
3 likes

Police inaction like this is justifying vigilantism. I wonder how they'd react if there were a spate of twitter-inspired vandalisations of vehicles identified as having been involved in deliberate violence like this...

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Fignon's ghost | 1 year ago
4 likes

Every time I read about a cyclist victim in Scotland. I'm horrified at the attitude or action of motorists and particularly, law enforcement SCOTLAND.

I was thinking of a summer tour through the Highlands. Wild camping etc...
It sounds more like a game of death. I think I'll stick with Biarritz instead.

Avatar
KeithBird replied to Fignon's ghost | 1 year ago
2 likes
Fignon's ghost wrote:

Every time I read about a cyclist victim in Scotland. I'm horrified at the attitude or action of motorists and particularly, law enforcement SCOTLAND. I was thinking of a summer tour through the Highlands. Wild camping etc... It sounds more like a game of death. I think I'll stick with Biarritz instead.

I'd counter and say 90%  of the time the roads and users are better. Much less traffic for a start. Alan has been extremely unlucky here and the Police Scotland attitude to citizen evidence is extremely poor. 
A summer tour in the right place would be an amazing trip.

Avatar
chrisonabike replied to Fignon's ghost | 1 year ago
2 likes

I suspect the traffic density is higher in Biarritz
- and that's the main factor (the more cars, the more asshats). In the Highlands the large distances and few roads mean you can be in for sporadic encounters with high- speed traffic (or closer to lorries). But you generally hear them coming (maybe once every hour or so, if you travel far enough from the central belt)

I did a tour of the North West and the islands (Skye and Hebrides) many years back. I don't remember the traffic at all. I do remember the hills and the incredible landscape. And late night drams with witty folks.

Go, you won't regret it - if you avoid the midges. Oh - and be sure to check your saddle and bars are comfy when they (and you) are utterly sodden (for days). It can certainly be sunny, but it's not Biarritz...

Avatar
severs1966 | 1 year ago
6 likes

Rid yourselves of the illusion that the police care whether people on bikes live or die. They don't.

Avatar
Simon E replied to severs1966 | 1 year ago
5 likes
severs1966 wrote:

Rid yourselves of the illusion that the police care whether people on bikes live or die. They don't.

In which case it's time for cyclists to take care of bar stewards like this themselves.

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OldRidgeback | 1 year ago
4 likes

Police Scotland = can't be arsed or too busy doing something more important.

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Rome73 | 1 year ago
8 likes

That was a deliberate hit! And the police did nothing. Terrible. How can people feel safe if the police do nothing about that kind of driving? 

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the infamous grouse | 1 year ago
5 likes

private prosecution time. digby brown special.

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Jimmy Ray Will | 1 year ago
12 likes

Is there a way that the victim could sue Scottish police? Lack of justice, emotional distress... That to me is the only way for things to change... If the financial cost of failing to take action is greater than the cost of the proper action

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JustTryingToGet... | 1 year ago
11 likes

What's the betting that driver was 'police adjacent'

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ShutTheFrontDawes | 1 year ago
7 likes

This should be escalated if it hasn't already been.

https://pirc.scot/

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NOtotheEU | 1 year ago
9 likes

Luckily there were no road workers in that spot as they could have been taken out as well. If the driver can't remember purposely hitting someone the charges should be more serious not less, I really can't get my head around this.

I'm hoping someone will be along shortly to explain how this was the cyclists fault and the driver is blameless and hopefully that will clear up my confusion.

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HLaB replied to NOtotheEU | 1 year ago
12 likes

I can't believe the muppets on Folks Twitter pages saying that something must have happened before. We see a good length of clip and even if something had happened off camera it doesn't give anyone the right to potentially harm another person 🙁

Avatar
Velo-drone | 1 year ago
12 likes
Quote:

if there are no consequences to people’s actions, then there are no laws

This sums up perfectly the position in Scotland with regard to road policing in relation to dangerous driving around cyclists.

Unfortunately the response that Alan received is reflected entirely by the experience of everyone I know that has ever reported such an incident to Police Scotland, including myself.

It's way too consistent to be coincidental - and as such it impossible to avoid the conclusion that it is unofficial (or even official ..!?) policy for most if not all of Police Scotland to neglect, deflect or simply ignore reports of dangerous driving affecting cyclists.   

Unfortunately, at both a police leadership and at a political leadership level, nobody gives a flying f*** about that.   Until they do, nothing will change.

Avatar
nordog replied to Velo-drone | 1 year ago
0 likes

Not just in Scotland but here in Wiltshire they don't bother as they have no power at all, I was told by the Police, the County Council now but that costs money so no person upholds the laws.

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Blackthorne replied to Velo-drone | 1 year ago
2 likes

At the very least revoke his license! The video evidence alone is surely enough reason, unless all semblance of common sense is lost at the PS!?

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ymm | 1 year ago
6 likes

The response from PS is utterly appalling. PS must be taken to task on this by govt as this is a clear case of failing to protect the public. You would have thought the police would know how to do the job. Evidence proves otherwise. I cannot imagine a more worthy case for prosecution based on the footage. PS have turned a blind eye to law breaking deliberately. The question is why are PS so car centric in their attitudes and happy to allow road crime to be committed so blatantly. Lawlessness on our roads is a good description as mentioned from other comments - completely agree.

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eburtthebike | 1 year ago
5 likes

I wonder what Nick Ferrari would say about this case?  That driver must have been terrified of the belligerent cyclist to want to get away so quickly.

There is some question about whether this could be reported as an assault, which may not have the same time limitations that breaking road law would have, so I'd be doing that, and taking it to the media.

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kil0ran | 1 year ago
12 likes

Guarantee if Myles decided to take the law into his own hands (as I probably would based on the appalling response here) there would be a full and vigorous response from the force in question

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eburtthebike replied to kil0ran | 1 year ago
6 likes
kil0ran wrote:

Guarantee if Myles decided to take the law into his own hands (as I probably would based on the appalling response here) there would be a full and vigorous response from the force in question

Not if he used a car, obviously.

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Oldfatgit | 1 year ago
12 likes

Really doesn't matter, does it?
What the feck is the point of video and witnesses, when it all boils down to the drivers memory.

Fucj the driver ... prosecute on the fecking evidence.

This isn't the first time that PS have used this either .. ask my friend who got a plastic bottle to the face ... and again, no prosecution cos the driver can't remember...

Avatar
giff77 replied to Oldfatgit | 1 year ago
4 likes

It seems to be endemic in Scotland. Remember the lassie from Erskine who killed a cyclist and apparently had a brain fart for the 100m or so after leaving the roundabout. 

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chrisonabike replied to giff77 | 1 year ago
3 likes

Yes.

https://road.cc/content/news/driver-who-cannot-recall-fatal-crash-acquit...

Although you could read "not proven" as "it's something not nothing, but either we think the prosecution made a hash or we don't want punishment because e.g. young".

Isn't it officially the "Rupert Murdoch defense"?  I'm afraid just can't recall...

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chrisonabike replied to giff77 | 1 year ago
7 likes

Of course the same lack of curiosity is known south of the border.  See the Michael Mason case (where the police weren't interested - a cyclist was killed on the road, what's suspicious about that?) and plenty more.

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OnYerBike | 1 year ago
5 likes

"There seems to be a sort of lawlessness".

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hawkinspeter | 1 year ago
11 likes

Absolute disgrace. The evidence is handed to them and they do nothing, so I say sack the lot of them if they don't want to do their job.

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Bobby B | 1 year ago
17 likes

"I'm arresting you for the murder you committed last year."  "MMmmmm, don't remember that one."   "Ok, I'm arresting you for the manslaughter you commited last year."   "Mmmmm, don't remember that either."   "OK, on your way, and don't do it again."

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the little onion | 1 year ago
16 likes

Institutionally anti-cyclist

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Safety replied to the little onion | 1 year ago
8 likes
the little onion wrote:

Institutionally anti-cyclist

Good point well made.
This case is disgraceful and makes my frequent complaints about Polis Scotland fighting tooth and nail to become the only force in the UK to not have an upload function inconsequential. Alternatively one might think the two are intrinsically linked.

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