300 more face trial for feet on train seats
Jenny Booth
div#related-article-links p a, div#related-article-links p a:visited { color: rgb(0, 102, 204); } Three hundred more passengers are due to be prosecuted for putting their feet on the seats on Merseyrail trains, despite a ruling by magistrates yesterday against the train company in a similar case.
Kathleen Jennings, 19, was given an absolute discharge by Chester magistrates after she admitted putting her flip-flops up on the seat in front of her.
Lawyers branded the case a “ludicrous” waste of time and money, as a tearful Ms Jennings revealed that she had feared that a criminal conviction could wreck her prospects of becoming a maths teacher.
Today, however, Merseyrail confirmed that it was pressing ahead with 300 more prosecutions against passengers who dirtied the seats, as part of its campaign to vigorously enforce railway by-laws against "unacceptable behaviour". Joan Nice, a spokeswoman, said that the company did not accept that it had taken a sledgehammer to crack a nut.
"We decided to enforce the by-laws vigorously because of complaints from customers," said Ms Nice.
"We have a further 600 cases pending, and out of those possibly about 300 are for feet on the seats, although we cannot give an accurate figure until they have actually come to court.
"We have already prosecuted nearly 250 people for smoking, drinking and other forms of unacceptable behaviour since February and in every case the magistrates have found in our favour."
In a statement, the company said that it had had a lot of support from passengers since it started its campaign against smoking, drinking and dirtying the seats in February.
"We do not regard our campaign as draconian," said the statement. "We are responding to the demands of passengers who don’t want to sit on a seat covered in mud or dirt and the campaign has received widespread messages of support from passengers throughout the country.
"To date we have prosecuted some 240 people in the Magistrates Courts for putting their feet on the seats and other byelaw infringements such as smoking. All have either pleaded guilty or been found guilty by the Magistrates."
The train company has equipped its staff with with CCTV “head cams” which record high quality digital pictures and sound to gather evidence for possible prosecution of offenders. Prosecutions are based on the existing railway by-laws which apply across the UK under the section which covers “unacceptable behaviour” (By-law 6), after a specific protocol was agreed with Liverpool Magistrates Court.
In the case of Miss Jennings, a Cub Scout leader who also works with disabled children, although she removed her flip-flops from the seat as an inspector arrived, the company chose to pursue the matter through the courts.
Christine Abrams, the chairwoman of the magistrates’ bench in Chester, gave Miss Jennings an absolute discharge, meaning that no criminal offence will be recorded and she will suffer no penalty. There were no costs awarded.
Ms Abrams said: “The bench is united in feeling that while this may have been contrary to a by-law, Merseyrail should have a less draconian method for dealing with matters of this nature.” She advocated a more commonsense approach in the future. “A fixed penalty system may be more appropriate.”
As the bench delivered its decision, the teenager’s parents, Tony and Susan, broke into a round of applause. Outside court, Miss Jennings said: “I’m really relieved. I thought the worst. I thought they were not going to give me a discharge. It’s been very distressing, to be honest, getting a solicitor and going through all this, which I’ve never done before. It’s been a bit difficult.”
Earlier Kevin Jones, representing Merseyrail, told the court that, as a train inspector approached Miss Jennings, she took her flip-flops off the seat. He admitted there was no verbal warning but said that a notice in front of her warned passengers of a £100 penalty for resting their feet on seats.
Irwin Bamforth, for the defence, said: “I have to say that the general consensus is, this is ludicrous. All it would have taken was for the gentleman to say, ‘Please take your feet down.
“She took her feet down and that should have been the end of it. She was taken off the train extremely distressed. Her whole family have become involved and they are very distressed. She is a young lady with no previous convictions who has co-operated fully.
“To be punishing a promising young student who could end up with a criminal conviction is crazy.”
