Thread: Removal Of Bicycle From Railings on Private Land

I'm putting this question in here, as it is vaguely in line with clamping and removal of vehicles.

A bicycle is locked against railings, on private property, without causing an obstruction. There are "official" bicycle stands, although these are all full.

Would the forceable removal of the bicycle, necessitating damaging the lock, constitute criminal damage and theft?

Would the existence of big signs saying "you may not park attach your bicycle to the railings, if you do so it will be removed" confer consent to having the lock damaged?

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I'd say it depends how long the bike was there for. If it was a couple of days, I'd say they'd be able to remove it, as long as they kept it safe. But if the only way they could remove it was by breaking the lock, then that's fair enough. You could take them to small claims to try and get the cost of the lock back, but the judge could well find in their favour since it's their land. You'd be less likely to win though if there was clear signage that it was private land.

As for criminal damage - yes, possibly in theory, depending on the circumstances. No police would be interested in pursuing it though (which is why I advocate removing car clamps by whatever means necessary).