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Old 30th October 2008   #51
BlueQuinndonor
 
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Hmm that registration comes back on ASKMID as NOT insured. not surprising really.

DVLA check comes back as a Silver 2001 2.5 litre petrol Jaguar (which probably means it will be an X-Type as in Hippy's picture, but it could be an S type) with current tax until April 2009 (which may mean the DVLA have a record of the current owner, but it may have been taxed by a previous one).
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Old 30th October 2008   #52
roxy
 
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Quote:
Originally Posted by grezna View Post
Can anyone recommend a good place for getting a post-accident bike checked out? Front wheel is clearly knackered, but I need to work out if the hub is damaged or just the rim, and of course get my frame looked at (for all the physicists out there, CAN you dent a Charge Plug, or does that only work in a black hole or something?)

Following on from the comments about back "drive-train" brakes, I think they're catching on - either the ambulance fella or policeman (was concussed, not really sure which) asked if I only had a front brake, but before I could answer corrected himself saying "oh no, it's fixed at the back isn't it."
Condor will probably be good to you. I would call around and ask bike shop's if their mechanic is qualified and whether he would write you a letter stating what's wrong with the bike. Perhaps they'll do this for a fee like a garage will for your car.
Actually you could mention that you are going to report back here and let others know. You might get further.

It's good to hear that about the cop understanding fixed.
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Old 3rd November 2008   #53
Tiswasdonor
 
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Quote:
Originally Posted by BlueQuinn View Post
Hmm that registration comes back on ASKMID as NOT insured.
Not at all - It means that the vehicle is not on the Motor Insurers' Bureau database.

Vehicles are not insured - Drivers are. It could be that the vehicle is covered by fleet insurance, or any driver insurance.
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Old 7th December 2008   #54
roxy
 
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last night bumps :(
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Old 8th December 2008   #55
carlito sway
 
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so far ive done well by your posts, but i still wish that we could have retained a cop (or three) at the scene to aid the whole "i just got taken out in a bad way" thing.

just stripped the frame, and its definitely tweaked (and yes, its the down tube)- ride it straight and either you go in circles, or you look like dogs when they run in that funny sidways angle. that makes front wheel, fork, frame and seat. yay.
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Old 13th January 2009   #56
Aleksi
 
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I was speaking to an officer about general protocol and he said if you get hit and just your bike is damaged then get details off the driver etc but dont call 999 instead report it.
However if the driver refuses to give you details, you can call the police straight away. Furthermore if you are knocked off and injured then you should call the police immediately as well
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Old 16th February 2009   #57
Eustace
 
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Thanks for the advice. Super important to know what to do.
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Old 16th February 2009   #58
AdamM
 
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Quote:
Originally Posted by cliveo View Post
I know that any mention of the CTC is likely to conjure up images of beards and panniers but I would recommend this section of the website of the solicitors who run the CTC protection scheme. Some sound advice here on what to do in the event of an accident.

FYI, Russell Jones & Walker are a well established law firm who made their reputation in acting for Trades Unions and in particular in acting for members of Trades Unions in work-related personal injury actions. They are one of the best plaintiff personal injury forms around. Yes, I am a solicitor but no, I have no connection whatsoever with them.

http://www.rjw.co.uk/ctc
+1 for RJW. I was referred to them by the London Cycle Campaign for an incident a few years ago, they were excellent.

As for brakes, yes a fixed wheel is legally recognised as a brake. BUT, you need two independent brakes for your bike to be considered 'safe'. So riding a 'brakeless' fixed won't cut it, nor will riding a singlespeed without front and rear wheel brakes.
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Old 6th March 2009   #59
Wannabe
Just to add to these comments... Like cliveo, I'm lawyer, and I can say that this is VERY sound advice to get an investigation moving properly. I prosecute, and I have to chase police officers on a regular basis, phone their inspectors / sergeants, threaten to drop the case, etc. etc. if they don't get off their arses and get the evidence I need.

Hassle them until they get it right. Civil cases certainly help financially, and specialist firms with links to CTC are an excellent starting point.

Something else people don't often realise -- opening a car door so as to injure OR endanger any person is a criminal offence. How many times have we all had to swerve round some dippy cow who hasn't checked her mirror / blind spot before swinging open the door on her 4x4? Usually right in front of a following vehicle, without time for livesaver checks. I recently prosecuted a guy down in Portsmouth who opened his car door without looking, straight into the neck of a passing cyclist, who was in his naval whites, on his way to work. The sailor was extremely lucky, and is still walking, despite the fracture to his neck.

That's a really bad example, but it's an offence to ENDANGER, not just injure, so if someone does something that really takes teh piss, tell the cops. Be prepared for them to tell you it isn't a crime, but cite the following and shock them with knowledge!

Road Vehicles (Construction and Use) Regulations 1986
Regulation 105,

No person shall open, or cause or permit to be opened, any door of a
vehicle on a road so as to injure or endanger any person.

Road Traffic Act 1988, Section 42 makes contravening the above regulation an offence.

Top thread, v useful. I'd be glad to volunteer myself as resident criminal lawyer for the board!
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Old 6th March 2009   #60
Oliver Schick
 
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Welcome, Wannabe. You'll certainly get plenty of reading matter on here that will interest you--there are numerous traffic incidents reported on a regular basis.
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Old 7th March 2009   #61
BloodyMary
Not sure if this helps?

80% of witnesses pull out if there is a chance it will go to court! (Police and lawyers have confirmed this phenomenon is the most common occurrence) Get as many as you are able, and most importantly try and get someone who actually saw the point of impact. if someone was passing by and heard the crash or saw the guy drive away it aint gonna cut it.

You are more than likely going to be fobbed off with a default police letter stating how sorry they are, and its a shame nothing can be done. Too bad, so sad kinda story. There is a lil something called 'dereliction of duty' if your case has been mis-handled...obviously being nice always gets you futher, faster!
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Old 7th March 2009   #62
Wannabe
Quote:
Originally Posted by Oliver Schick View Post
Welcome, Wannabe. You'll certainly get plenty of reading matter on here that will interest you--there are numerous traffic incidents reported on a regular basis.
It's a shame that for me, "interesting" in a professional context simply means someone has been hurt in an accident / beaten up / raped / killed. But if my so-called expertise can help even one cyclist bring a ditzy driver to book, so much the better!
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Old 7th March 2009   #63
Wannabe
Quote:
Originally Posted by BloodyMary View Post
Not sure if this helps?

80% of witnesses pull out if there is a chance it will go to court! (Police and lawyers have confirmed this phenomenon is the most common occurrence) Get as many as you are able, and most importantly try and get someone who actually saw the point of impact. if someone was passing by and heard the crash or saw the guy drive away it aint gonna cut it.

You are more than likely going to be fobbed off with a default police letter stating how sorry they are, and its a shame nothing can be done. Too bad, so sad kinda story. There is a lil something called 'dereliction of duty' if your case has been mis-handled...obviously being nice always gets you futher, faster!
I'd always summon witnesses to a trial if someone had been hurt in an accident. Witness warrants are available if they fail to answer the summons -- which means arresting the witness and bringing them to court in custody.
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Old 7th March 2009   #64
Oliver Schick
 
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Quote:
Originally Posted by Wannabe View Post
It's a shame that for me, "interesting" in a professional context simply means someone has been hurt in an accident / beaten up / raped / killed.
Someone's got to do it.

Quote:
But if my so-called expertise can help even one cyclist bring a ditzy driver to book, so much the better!
Keep up the good work!
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Old 11th March 2009   #65
Squash
Mornin'

Just wanted to thank Roxy for a great post. Got knocked of by a car this morning as he turned left without checking his mirrors. Scrapes and bruises to me, the bike and the car but no serious damage done.

The OP really helped in getting the right details and information should they be needed in future. Thank's Roxy!
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Old 17th March 2009   #66
laKosh
 
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This is really useful, thanks Roxy.
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Old 24th March 2009   #67
fandango
 
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good advice. Shall come back to this if todays altercation with a car turns out to have caused me serious injury to my knee or bike.
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Old 3rd April 2009   #68
steffo
thanks for posting this interesting read
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Old 4th April 2009   #69
Malabar
 
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Excellent advice. I wouldn't had a clue where to begin in case of an accident. Thx Roxy
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Old 6th April 2009   #70
joshstar
Ditto. Thanks for the useful read.

It seems like every other day I have a close call which tells me I'm increasingly likely to need these details. It's hard to keep calm when you've been knocked off, but at least this gives me somewhere to start.

Cheers.
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Old 7th April 2009   #71
alterion
really interesting and informative summary of the law - thanks
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Old 7th April 2009   #72
tefal
Infinately useful post, Thanks!
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Old 7th April 2009   #73
somebodydonor
yeah good work roxy.

i witnessed up on a crash involving a cyclist. it happened about two years ago. the guy rang me the other day and said he had just got a settlement.

he said that ctc / lcc (i cant remember which - it may have been both) were v useful.
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Old 14th April 2009   #75
Tiswasdonor
 
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Having been knocked off by a cab last Thursday evening (cab turned left with no indicator - bruises, scrapes and stiffness, nothing lasting the weekend thankfully), it's worth pointing out that you need to have some sort of mantra to remind you to take details down following an accident, something that I regretfully omitted to do.
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Old 15th April 2009   #76
hussy
good one roxy,
Nice to read how to compose and organise yourself in the event of a collision, I will keep my mind on track by noting down the points you made.
Sometime ago, I did smash into van door on a bend on Graham Road, bike ruined (cheap bike) fingers needing stitches, was going to take details, but on what I observed over time, I just did not have the heart to take further action, they were very honest and poor, and I am poor too so just could not take it any further. Stupid, but I like the tiny scars when I look at them, then it makes me feel good, I did a good thing, or a stupid thing. I can live with that.
I was not sure that cyclists even had any rights on the road, not really.. so thanks.
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Old 17th April 2009   #77
Oliver Schick
 
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The Cyclists' Defence Fund have just updated their web-site. Their page with advice on what to do in the event of a collision is here:

http://www.cyclistsdefencefund.org.u...e-been-a-crash
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Old 23rd April 2009   #78
The Seldom Killerdonor
 
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There have been a couple of accidents recently where the rider hasn't done everything that they should have done. Naturally it's not easy to focus on procedure when you've taken a beating with a couple of tonnes of metal. Perhaps we should make up some wallet laminates as aide memoires. Got knocked down? Follow the checklist.
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Old 23rd April 2009   #79
Tiswasdonor
 
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Quote:
Originally Posted by The Seldom Killer View Post
There have been a couple of accidents recently where the rider hasn't done everything that they should have done. Naturally it's not easy to focus on procedure when you've taken a beating with a couple of tonnes of metal. Perhaps we should make up some wallet laminates as aide memoires. Got knocked down? Follow the checklist.
A spoke card that serves a practical purpose - I like it.
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Old 24th April 2009   #80
roxy
 
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Yes, this is something I've been wanting to design for awhile.
I can pair down the advice if someone would like to layout the card
And get some laminated.
Email me if you'd like.
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Old 24th April 2009   #81
maxopp
If you don't have a front brake, but that didn't have anything to do with the accident, what's the situation?
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Old 24th April 2009   #82
The Seldom Killerdonor
 
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Technically grey area situation there. In law the bicycle probably won't be considered roadworthy, leaving you unable to claim any damages and potentially liable to a motorist. The only out would be if you could argue that the accident would have happened regardless to a sympathetic court.
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Old 24th April 2009   #83
Wannabe
Quote:
Originally Posted by maxopp View Post
If you don't have a front brake, but that didn't have anything to do with the accident, what's the situation?
I'm not a civil lawyer, but I can remember bits and bobs from bar school, and that may well be something the court would consider. It's not an absolute bar to claiming, though. If a bus hits you from behind when you're waiting at a red light, and you're brakeless, I doubt it would matter.

If a brake might have made a difference the court could find contributory negligence, and reduce the amount of damages by a percentage. Obviously, if it found you were entirely to blame, it wouldn't be contributory negligence, it would be normal negligence and you wouldn't get any money.
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Old 25th April 2009   #84
commie
 
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Do you have any advice comments on a situation where a car overtakes & then unexpectedly/suddenly stops - resulting in you going into the back of the car - that happened to me.

I had a witness (who I remember said he thought another car had pulled out, causing the car that overtook me to stop - no cctv), but I was in/out of consciousness and did not get any witness details - I think (not sure) the Police attended the scene and took statements... they took my statement in A&E... any comments/thoughts would help...am I liable for the damage to the car/is there any possibility for me to claim on their motor policy for damage/injury?
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Old 27th April 2009   #85
roxy
 
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My understanding of the law is limited on this one. It's my belief that whoever is behind is (the majority) at fault.
Anyone else have better news for commie?
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Old 27th April 2009   #86
commie
 
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thanks Roxy, I thought that was the case - I will wait to see what the Police come up with - I do have a liability policy that will extend to the damage to the car, albeit with a £500 xs
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Old 27th April 2009   #87
Tuxrider
This could be, but hopefully wont be very useful. thanks for sharing the information. i nearly needed it yesterday when a woman accelerated instead of stopping at a stop sign
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Old 28th April 2009   #88
commie
 
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By way of update, I contacted the solicitors recommended on the CTC website and they agreed to pursue a claim against the driver on my behalf on a contingency basis.
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Old 29th April 2009   #89
MJC
 
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There is a Private Hire taxi around Hackney accusing cyclists of smashing his offside mirror and asking for cash. There is no way any cyclists could do that to van mirror without coming off from the impact. And you'd certainly know about it if you had. Offer to call the Police and he'll drive off.

Grey/Silver Ford Tourneo DV55 AG2 (been reported to PCO)
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Old 30th April 2009   #90
rc73
Hey MJC, I've been hit by a van, it's wing mirror has come off and I stayed on - fuck knows how, guess I was lucky, or it was shafted already.

Does anyone know how to proceed when there is no witness? I got hit by a Royal Mail Arctic - pulled out on me at a junction, clipped my arm and ripped my jacket, driver didn't stop even though I shouted and I saw him look in his morrors. Reported to a police but there were no witnesses, so basically is my word against his. Also spoke to Royal Mail transport manager, who said that he spoke with the driver and he didn't see me????

Any advice would be appreciated.

Thanks guys.
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Old 3rd May 2009   #91
Stinging Broom
Excellent thread, thanks for the advice!
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Old 5th May 2009   #92
D. Generatedonor
 
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I was hit from behind tonight, twice, by a cab. I have the details and I have no idea what to do about it. The thing is that it absolutely was intentional - the fucker was trying to knock me off.

The first time he hit me he almost did knock me off. I couldn't believe it, I was in the middle of the lane following another cab and he just did it out of the blue. I turned around and yelled 'you hit me'; I couldn't think of anything else.

I thought he would back off, and he might have for a moment but then came back on my right side and started to push me over. I realised he was trying hard. I pulled over and he slowed down, and with a smile and a laugh like he's telling a joke he says, 'you're going to get knocked down you silly git (or maybe twat)'. Then he kept moving towards the left where I was. I just stopped and got the fuck behind him.

I wanted to report him because I honestly believe he's trying to hurt a cyclist. The police station was closed and the website is a nightmare trying to figure out how to do anything. Tips? Advice?
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Old 5th May 2009   #93
roxy
 
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Go in to a station and report him. Check out the 1st post on this page for what you'll need.
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Old 5th May 2009   #94
D. Generatedonor
 
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Cheers Roxy. I'm doing it in the A.M. when the cop shop is open.
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Old 6th May 2009   #95
Oliver Schick
 
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Quote:
Originally Posted by D. Generate View Post
I was hit from behind tonight, twice, by a cab. I have the details and I have no idea what to do about it. The thing is that it absolutely was intentional - the fucker was trying to knock me off.

The first time he hit me he almost did knock me off. I couldn't believe it, I was in the middle of the lane following another cab and he just did it out of the blue. I turned around and yelled 'you hit me'; I couldn't think of anything else.

I thought he would back off, and he might have for a moment but then came back on my right side and started to push me over. I realised he was trying hard. I pulled over and he slowed down, and with a smile and a laugh like he's telling a joke he says, 'you're going to get knocked down you silly git (or maybe twat)'. Then he kept moving towards the left where I was. I just stopped and got the fuck behind him.

I wanted to report him because I honestly believe he's trying to hurt a cyclist. The police station was closed and the website is a nightmare trying to figure out how to do anything. Tips? Advice?
It's difficult if you don't have witnesses, but in some cases it may be the case that the same driver's actions may have been reported before, lending credibility to both your report and that by possible other victims. It has to be stressed that deliberate assault by motor vehicle is very rare indeed, and the police do take this seriously if they have evidence to go on.

However, as fortunately you were unharmed, it is unlikely that they'll be able to take much action beyond perhaps paying the driver a visit, so reporting the incident is what you should be happy with doing, and that is what could benefit potential future victims of this driver's aggression.

On a different note, your assumption that the driver was trying to knock you off is probably incorrect. It is much more likely that he wanted to intimidate you. Had he knocked you off, that might have landed him in all sorts of trouble. Instead, he probably knew quite well how far he could go without you suffering bodily harm. But as I said, it is extremely rare that you come across this sort of thing. You can generally assume that people are not trying to knock you off.
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Old 6th May 2009   #96
CrazyJames
 
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Sadly with the amount of aggressive drivers out there, I am thinking more and more that a holstered mini d-lock about your person is a good idea, some people only understand one form of communication.
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Old 6th May 2009   #97
batesb.a.r
Nearly everyday someone acts like they are going to run me over just for fun anykind of wepon that isnt going to get me in trouble would be a lot of fun but with the amount of cunts on the road id be quite busy. Cycling in London is depressing.
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Old 6th May 2009   #98
Oliver Schick
 
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batesb.a.r, gain some more enjoyment by taking cycle training--if you do that, you'll soon be able to banish such thoughts.
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Old 6th May 2009   #99
batesb.a.r
Im not really like that i want peace cant help getting angry at being bullied everyday and wanting to get back at the cunt rather than it making me depressed but really i am worried that they are still on the road.
please tell me how i get enjoyment from cycling round central london everyday.
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Old 7th May 2009   #100
Oliver Schick
 
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Cycle training is aimed at enabling you to get rid of that anger by teaching you assertive riding and holding your own in traffic. There are subsidised lessons available in many areas where you may live, work, or study. It really works. It's not meant to say 'you're riding badly right now' but assesses what you do well and what you don't do so well. The outcome is confidence and enjoyment by being in control of what happens around you, and recognising traffic as the social environment that it is. Ring up CTUK on 020 7231 6005 or check out http://www.cycletraining.co.uk/ and ask them what's available for you. Enjoy!
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