lawyers letter sentto cradle residents

[chucky]

Dear Sir<?: prefix = o ns = "urn:schemas-microsoft-com:office:office" />

 

 

 

MARK THIJS AND OTHER CYCLISTS

 

 

 

1.         On 14 January 2010 at approximately 06h20, our client together with two other cyclists were cycling on the so-called <?: prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />

Cradle Road

in the direction of Muldersdrift.

 

2.         There was very little traffic on the road and there was more than ample space for vehicles approaching from the rear of the cyclists to safely pass them.

 

3.         All three cyclists are extremely experienced and competent cyclists, and were cycling in a safe manner. Notwithstanding this, you, whilst driving an Isuzu bakkie, passed the cyclists at speed and dangerously close to them, with your hand on the hooter from some distance before you reached them.

 

4.         Certain residents in the area have openly stated that they intend knocking over the cyclists on the Cradle route. By your conduct on 14 January, it is clear that you share such sentiments and when our client telephoned you to ask whether you were the driver of the Isuzu bakkie that nearly knocked them over, you stated that you were and you further stated ?so what? in an aggressive and confrontational manner.

 

5.         Cyclists have as much right to use the roads as motorists and any one else, and all users of the road have to obey the traffic laws and regulations. If there is a cyclist on the road and you wish to pass that cyclist, you have to do so in a reasonable and safe fashion, simultaneously obeying all traffic laws.

 

 

 

 

 

 

 

 

 

 

 

6.         If you believe that the cyclists are infringing your rights or any law, you are advised to react by taking legal steps against them. It is being made clear to our client that certain persons, including you, intend causing harm to cyclists who use the

Cradle Road

. You are notified that you are not entitled to act in such a fashion and you are further notified that should any cyclist be injured as a result of your conduct, that your conduct will constitute a criminal offence. Furthermore, should a cyclist be struck and knocked over or God forbid, killed, your conduct may amount to attempted murder or murder, as the case may be. This is quite apart from being liable to the cyclist or his dependents, as the case may be, for damages.

 

7.         You are notified that a meeting between representatives of the cyclists and the residents of the Cradle area is being arranged for Wednesday 20 January 2010. You are invited to attend and in this regard you may contact Garth Mes, whose contact details you have, to obtain details of the time and venue for the meeting.

 

8.         If you are in contact with other residents in your area, you are requested to circulate this letter to all of them.

 

9.         We trust that you will be guided accordingly and finally we record that this letter does not purport to be exhaustive of all the facts or circumstances relating to the aforesaid incident and/or other incidents. Our client?s rights are therefore fully reserved to deal with this matter in more detail and in the appropriate forum should this become necessary at a later stage.

 

 

Yours faithfully

[Windbreaker]

Excellent

[thenoodle]

The cradle........seems not much evolution has taken place. Ape men are alive!!!!!!!!!!!

[Jules]

The cradle........seems not much evolution has taken place. Ape men are alive!!!!!!!!!!!

 

 

 

BWahahahahahaha. Best quote of 2010!

 

 

 

That letter is lawyer waffle of the worst order. I hope he or she didn't charge by the word. All this could have been said in the normal fashion. No need to get the lawyers involved. Even the cradle residents will see this for what it is: a weak attempt at intimidation.

[mr ples]

Mark Thijs, the letter you refer to, not maybe, will come back to bite you. Such a letter must apply to all (that includes you guys in your car who may bump a cyclist accidentally anywhere in the world), and not be used to discriminate against residents of the Cradle (residents with-in a geographical area). We as residents will file such correspondence for future reference. Should two roads users be involved in an accident, then we as residents will use the letter likewise, in and outside the Cradle area. This will include, two cyclists colliding, a tourist that collides with a cyclist, a cyclist that looses control and collides with any other road user, a cyclists that spooks a horse and it's rider and so on. We will likewise have to a draft a letter for any organised races, that puts such constraints on an event, that we all sit and wait for someone to slip, then all hell is going to break loose. Such rules and regs will be distributed far and wide, and soon no Community will be willing to entertain any races in their area. Obviously, any future applications to run a race in the Cradle area will be met with resistance from the locals. I will attend the up and coming meeting, and this letter of discrimination must be tabled as the first item on the agenda, and if not withdrawn, The local Cradle residents may walk out, and start a process of resistance. Do not accuse any Cradle resident in advance of being a criminal. You sure are creating enemies very fast.

 

 

 

Furthermore, many residents have been assaulted by Cyclists, we have many such SAPS case numbers on file. Your in appropriate actions will now turn every Resident into a policeman. Guess you taking the pleasure out of riding in the Cradle area. Oh by the way, the average farm in Kromdraai cost about R10 mil, some of which is owned by some very successful lawyers. I am not a avid gambler, nor am I bluffing. I am respectfully requesting all to re-consider their stance in these matters. I am also appealing to the vast majority of law abiding road users, and in specific those cyclists who want to enjoy to Cradle route, engage with the Cradle residents in a meaningful manner to sort out these issues and move forward. 'Are You in or Out?' Regards Trevor.

[KlapperKnop]

Is it not better to try and resolve these differences at the meeting of 20 Jan???

[Pappa Bear]

Can we buy ringside tickets for this meeting?

[gummibear]

Can we buy ringside tickets for this meeting?

 

can is ell boxing gloves at the entrance?

[Plentipotential]

And the lawyers make more money, and the people remain bitter with each other!

[gtr1]

Not too sure what the cost of a farm in the area has to do with anything. Does that suddenly make them better than everyone else and above the law, or does it imply they must be lawyers to afford such a price ?????

 

Maybe it's daddy's money, coz it sounds like a bunch of kids in a playground !!!!

 

Just my 2 cents worth, and no I don't live there or ride there. Doubt I'd like to do either. I'll take my chances being hijacked on the East.

[Justin]

The "legal" letter is a load of rubbish. It seems all you need to create a letter like that is a collection of grey areas, some hear-say and numbered bullet points.

 

 

 

Honestly.

 

 

 

Can't we all just.....get along?

[Mudsimus]

Can't we all just.....get along?

 

Where's the fun in that?

[Dirt*girl™]

Can't we all just.....get along?

 

Where's the fun in that?

 

you guys can try to get along...but it will just end up as entertainment for us Garden Route folk again.

[paulvs]

Obvisouly we have a few bad apples inside the cycling community who caused these problems in the first place. They however are now dead and the rest of the good guys have to deal with the issues.

 

I must comment the cradle is not the only place where this is happening. Not sooner not later all of us will face these problems in all areas.

 

[29pgc10]

<?: prefix = o ns = "urn:schemas-microsoft-com:office:office" />

 

GTR1 I have to agree with you. What the value of the property has to do with anything?

Mr. Pless, I happened to live in a ?fancy? suburb as well, that has a walks, runs, cycling races and is used as a parking for certain popular venue. It is used as a shortcut to get to Sandton and therefore there are cars and bikes racing up and down during peak hours, yet none of us, residents, tries to intimidate or hurt them as obviously is the case with certain of Cradle residents.

What would you say if we, cyclists, would blockade the cradle and not allow you into ?our? world?

 

All that said, some cyclists should be not cycling (just as some drivers should not drive) because of their attitude towards other road users.

And lastly this forum is probably the worst place for this discussion, as most of us enjoy cycling, and are aware of that we are the soft target. For criminals, cars and accidents. Unfortunately we as a hub are as powerless as you, the residents, in controlling the masses of novices, seasonal, inexperienced and inconsiderate cyclists that use your area for their rides. We simply do not represent all the cyclists in South Africa.

 

Maybe everybody should take step back and look how to solve the problem instead asking ? for ringside seats? or insulting each other. Everyone go have coffee, Prozac or whatever cools you down.

 

M

[Cranck]

Well said M

 

Unfortunately tolerance has gone out the window in this day and age - In all walks of of life. When i drive - i'm tolerant of cyclists, and cyclists should be the same towards drivers.

 

Yesterday, in fact - a group of guys were cycling towards and in the vicinity of the Windsor golf course and on the stretch of road towards the new soccer stadium while my wife was driving. Some guys stayed within the designated cycle lane, some peeled off towards blue lagoon while other's peeled off to go up towards Goble road - turning directly across two lanes of traffic without any indication of turning. Now - the way i see it - cyclists need to be tolerant and keep to their side of the road/lane and the same goes for drivers. OH - AND DRIVERS - IT IS A DESIGNATED CYCLE LANE FOR A REASON.

 

Can't we all just get along????

 

Don't get me started about traffic circles!