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All across the Great Western territory => The Wider Picture in the United Kingdom => Topic started by: JayMac on July 12, 2010, 06:04:41



Title: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: JayMac on July 12, 2010, 06:04:41
From Mail Online (http://www.dailymail.co.uk/news/article-1292717/Terror-arrest-threat-rail-passenger-took-photos-train-prove-overcrowding.html?ito=feeds-newsxml):

Quote
Terror arrest threat for rail passenger who took photos on train to prove overcrowding

A rail passenger who took photographs of an overcrowded train carriage was threatened with arrest under anti-terror laws.

Nigel Roberts, 41, was so appalled by the cramped conditions commuters have to endure he warned a ticket inspector that dangerous overcrowding could cost lives. But when the IT worker showed his mobile phone photos of luggage-crammed aisles and exits he was told it is 'illegal' to take such pictures and threatened with prosecution. The inspector then demanded Mr Roberts' personal details.

Mr Roberts' traumatic journey began when he joined South West Trains' Weymouth to London service at Southampton. As soon as he boarded the train he saw the carriages were full of piled-up suitcases, bags and backpacks. Even the overhead racks were stuffed with heavy luggage - and vital passageways to the doors were also blocked.

'The train was full of passengers who had got off cruise liners and aircraft at Southampton who obviously all had luggage,' Mr Roberts said. 'But it was a disaster waiting to happen - conditions on the train were unsafe and in an emergency people would not have been able to get out. I saw one elderly couple in their 70's desperately calling for help from station staff because they were unable to get out at their stop in time because the aisle was blocked. And if the train had to make an emergency stop a 20kg medium-size suitcase travelling at 50mph would probably decapitate any passenger it hits - it would almost certainly kill them. A passenger announcement on the train invited us to raise any concerns with the ticket inspector, which I did because it was not the first time I had seen the problem first-hand on that route. I told him I was going to make a complaint to the Office of Rail Regulation because conditions on the train were unsafe.'

Mr Roberts added: 'But when I told him I had taken some photos he said it was illegal under the Terrorism Act and that I could be arrested and demanded my name and address. He said there were police officers on the train and I may be arrested for taking the photographs. He said he had powers given to him under the Railways Act to ask me for the information and it was an even more serious offence for me not to comply. I felt as if I was in a police state. He explained that for some reason it was for my own protection but my argument was that every passenger on the train would have needed protection in the event of an emergency. He told me he would make a note of our conversation so that they could be used in the event of a prosecution. He was pleasant enough but it was a frightening and chilling experience for me.'

Mr Roberts, who lives on Alderney in the Channel Islands, claimed he was told that newer South West Trains often didn't have enough luggage space because operators wanted carriages that could hold more fare-paying people than baggage.

He said: 'I have asked the rail company for an explanation but they haven't replied. It appears to be a serious and institutional breach of their duty of care towards their passengers.'

A spokeswoman for South West Trains - owned by the Stagecoach group - said today: 'Staff are aware they need to be particularly attentive to unusual photos being taken or suspicious behaviour and to challenge this if necessary. However this was clearly not an issue in this case and we will ensure our staff are re-briefed to avoid any misunderstanding in the future. We are sorry for any upset and anxiety caused to Mr Roberts. We need to strike a balance between seating, room for luggage as well as provide toilets and we do as much as we can to provide luggage room within the constraints of available space. But we understand there can be pressure on space at busy times and we ask for the co-operation of our customers in not compromising safety by blocking the aisles with luggage.



Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on July 12, 2010, 08:39:01
welcome to the age of 'meh so what' modern railways are designed with the thought that all you will take with you is your clothes and ticket, you will sit in your seat and have a car at the other end, and everything is simple and easy!  ::)


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Brucey on July 12, 2010, 08:58:32
I never quite understand the banning of photos ... surely someone can just sit there and observe exactly the same thing??

If I was that chap (knowing the law on taking photos myself), I would have given my name and address (as required by the Railway Byelaws) and ask the "inspector" to get the police officer.  There is no obligation to provide the police with your name and address, even if they wish to search you.  You are still entitled to a "search form" if they search you, even if you don't give a name/address.  They cannot delete or ask you to delete the photos, but they can ask you to stop taking any more*.

* = in a public place, e.g. a street, they cannot stop you taking photographs (except under the Official Secrets Act) but as the railway is a private place, they can ask you to stop.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on July 12, 2010, 09:05:01
Brucey im pretty sure that failing to provide the police with your details is obstruction


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Brucey on July 12, 2010, 09:08:18
Brucey im pretty sure that failing to provide the police with your details is obstruction
http://www.met.police.uk/stopandsearch/what_is.htm#whatshould
Quote
It's up to you whether you provide your name and address. You don't have to, but the best advice is that you should co-operate with the police.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: LiskeardRich on July 12, 2010, 12:01:01
i'd provide details in such an event, as otherwise you may get the "what you hiding?" treatment!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: IndustryInsider on July 12, 2010, 12:09:46
Mr Roberts' traumatic journey began when he joined South West Trains' Weymouth to London service at Southampton.

Oh dear - that'll certainly give the venomous 'Hogrider' online magazine from the South Hampshire Rail User Group plenty of scope to attack SWT in their next edition!  The latest edition of this easy-to-read, balanced and totally fair publication can be seen at: http://www.shrug.info/  (http://www.shrug.info/)


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: grahame on July 12, 2010, 12:49:35
"Hogrider" almost makes me feel sympathic to South West Trains at times.  Perhaps he's on their payroll and that's the idea  ;D


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on July 12, 2010, 12:54:37
it does irritate me, why would you not want to give police your details... wanted?


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: inspector_blakey on July 12, 2010, 17:23:56
I think the point of law here is this, although this is only my understanding and not definitive. A passenger commits an offence if s/he refuses to provide their name and address to a member of railway staff in connection with a ticketing irregularity. However, railway staff most certainly do not have the authority to demand a passenger's name and address without that reason, and certainly cannot threaten arrest.

It's a well-worn argument in the papers (and in particular in the railway press), but there is no law the prevents the taking of photos for personal use in a public place. Unfortunately there are rather too many cretinous police officers and rail staff out there who despite repeated injunctions from their superiors reminding them that photography is banned seem to enjoy throwing their weight around using the cock-and-bull story about these things being banned due to anti-terrorism laws. That is utter garbage.

Whilst I don't have a great deal of sympathy with this article or the rather precious approach of the person involved, the suggestion from the rail staff that he faced arrest for not providing his details is, if true, absolutely outrageous.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: JayMac on July 12, 2010, 22:17:47
From Amateur Photographer (http://www.amateurphotographer.co.uk/news/Climbdown_over_train_terror_pics_threat_news_299992.html):

Quote
Climbdown over train 'terror' pics threat

A rail firm has been forced into an embarrassing climbdown - and to make an apology - after a passenger was told he faced arrest under anti-terror laws for taking pictures on a train.

Nigel Roberts, 41, had taken photographs with his mobile phone on a Weymouth to London train to highlight what he saw as overcrowding and potential danger caused by heavy luggage in the aisles. Roberts claimed that, in an emergency, passengers would not have been able to get out of the train and he raised his concerns with a ticket inspector, showing him the pictures he had taken.

However, the inspector said Roberts risked being arrested under anti-terrorism legislation and threatened to call police. The guard told Roberts that, under the Terrorism Act, he was not allowed to take pictures on any trains.

'But this is not the case,' a South West Trains spokeswoman told Amateur Photographer. 'This was clearly a misunderstanding. These pictures were not a threat to the public. As far as we are concerned, people can take pictures on our trains.'

South West Trains admitted that the train had been crowded with people, who had been on a cruise, returning from Southampton. The spokeswoman said the train company has now issued a written apology to Roberts.



Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Btline on July 12, 2010, 23:25:24
Look - the fact is SWT is a busy commuter railway. Every rush hour they have to cart thousands of commuters into Waterloo with very few paths and a maximum train length of 10 coaches (on this route). This means they will maximise passenger capacity at the cost to luggage space. So I fail to understand why the man needed to take a photo to "prove" there is overcrowding. We all know about it!

And Daily Mail, how on earth could a 20 kg bag decapitate someone when a 50 mph train did an emergency stop? What utter nonsense!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: paul7575 on July 13, 2010, 11:33:40
DFT's original SWT franchise spec (online somewhere) still requires them modify the 444 and 159 fleets over the next few years, to squeeze a few more seats in here and there. Not a vast amount, but enough to see even less space for luggage. 

I agree SWT have been fairly honest in reply to questions about luggage over the last few years, they just say they are a commuter railway, 'end of webchat'... 

The main problems are that the overhead racks are practically empty (they were probably fine before the standard luggage became hard cased with wheels), and pax then take everything including the kitchen sink right to their seat, not just because they can, but because of the damned 'security announcements'...

Paul


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: 158747 on July 13, 2010, 12:30:42
This guard is either ill-informed or more likely is one of an increasing number of individuals who are in a position of authority who abuse that power to intimidate members of the public. Sadly incidents like this gives the railway a bad name in the eyes of the public.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: readytostart on July 13, 2010, 14:14:37
'The train was full of passengers who had got off cruise liners and aircraft at Southampton who obviously all had luggage,' Mr Roberts said. 'But it was a disaster waiting to happen - conditions on the train were unsafe and in an emergency people would not have been able to get out.'

This line always gets me, now I know there are times when trains are packed to the gunnels and you literally can't squeeze anyone else in but generally nowhere near as bad as a tube train at rush hour. A disaster waiting to happen and unsafe?, yet he still decided to travel on that train.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: inspector_blakey on July 13, 2010, 15:22:17
That's because he (and presumably everyone else on the train) are so important that they absolutely must take that service, even at possible detriment to their personal safety. I really don't know what these sorts of clowns who bleat on about busy trains being "unsafe" expect rail staff to do in that situation, since you can guarantee they'd be the first to go running to the Daily Hate were they asked to step off...!

And just a thought that didn't occur to me yesterday, but how is there always a distressed elderly couple involved in every incident like this reported to the press? Do you think they're professionals who tour the country seeking out overcrowded trains to look upset about?!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: devon_metro on July 13, 2010, 15:41:05
And just a thought that didn't occur to me yesterday, but how is there always a distressed elderly couple involved in every incident like this reported to the press? Do you think they're professionals who tour the country seeking out overcrowded trains to look upset about?!

Because they find reason to moan about the slightest thing, of course it is normally caused by young people!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: thetrout on July 13, 2010, 16:12:57
Because they find reason to moan about the slightest thing, of course it is normally caused by young people!

As an aside... I'm sorry to say it, but I couldn't help but agree with this...!

Whilst I don't normally have a problem with the Elderly, there are situations when the Elderly annoy young people. Well in that case that is just unfortunate and normally brushed aside... But as soon as a young person causes distress to the Elderly, all of a sudden, everyone wants to hear about it and labels the YP as in the wrong, even if the Elderly person was in the wrong to start with! Now I think that is disgraceful. But then people wonder why us youngens have a bitter attitude towards the Elderly. The two go hand in hand!

Personally, I think they're just as bad at times. I for one absolutely hate being told i'm in First Class by people, but the elderly seem to expect you to move... not on your nelly when i've paid however much extra to sit there... now where is my cup of coffee... :D

I'm going to shut up now as I fear i've opened a tin of worms!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: grahame on July 13, 2010, 16:40:11
And just a thought that didn't occur to me yesterday, but how is there always a distressed elderly couple involved in every incident like this reported to the press? Do you think they're professionals who tour the country seeking out overcrowded trains to look upset about?!

Because distressed elderly couples sell newspapers.  Distressed young people are suspected as being under the influence of alcohol or other substances ... or of being in the loo to avoid payment or for other reasons, and not because it was the only seat left  ;)

It's a shame that people get stereotyped by their age ... there are some lovely old people around, but my goodness I've come across some nasty ones too.  Just like with other groupings too!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Chris from Nailsea on July 13, 2010, 17:32:49
Sadly incidents like this gives the railway a bad name in the eyes of the public.

I agree, 158747 - and welcome to the Coffee Shop forum!  :)


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: vacman on July 14, 2010, 14:45:03
If the bloke thought it was unsafe then why oh why did he put himself in a position of what he considered danger by getting on the train? If he REALLY thought it was unsafe he wouldn't have got on!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Btline on July 14, 2010, 22:33:56
If the bloke thought it was unsafe then why oh why did he put himself in a position of what he considered danger by getting on the train? If he REALLY thought it was unsafe he wouldn't have got on!

Maybe he had an Advance ticket.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: super tm on July 14, 2010, 22:45:00
If the bloke thought it was unsafe then why oh why did he put himself in a position of what he considered danger by getting on the train? If he REALLY thought it was unsafe he wouldn't have got on!

Maybe he had an Advance ticket.
SWT dont give you a seat reservation with an advance ticket.  I believe that you cannot be forced to stand on a train and if you cannot get a seat then your advance ticket will be valid on the next train.  AIUI advance tickets always used to come with a reservation just so this problem should not arise.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Henry on July 15, 2010, 08:23:25

 Of course years ago this could all have been avoided.
 I remember when special charter trains would run Waterloo- Southampton whenever needed.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: JayMac on August 03, 2010, 23:39:50
Another story in a similar vein:

From the North Kent News Shopper (http://www.newsshopper.co.uk/news/northkent/8309558.GRAVESEND__Commuter_detained_for_taking_photos/) (03/08/2010)

Quote
GRAVESEND: Commuter detained for taking photos

A commuter has been left ^angry and intimidated^ after being detained at a railway station for taking photos.

Olly Cromwell, an IT worker from Streatham, was ordered off his Southeastern train at Gravesend by Rail Enforcement Officers (REO) after taking photos of them on his mobile phone. Mr Cromwell, who wanted to use the photos for his blog, took them whilst waiting with his wife on the platform, as well as one on the train. The father-of-one said: ^I had heard a lot about how REOs abuse their power and wanted the pictures in case I ever wrote a blog about them in the future.^ Mr Cromwell told News Shopper two of the officers asked to see his photos and when he refused, used the Terrorism Act as a reason to ask him to delete them. After telling the officers they had no authority to enforce it, Mr Cromwell claims they demanded he get off the train and would relay his description to the police for arrest if he refused.

The 36-year-old said: ^I was pretty angry with them and intimidated. The fact that private companies and their employees think they have the right to carry out actions like this and intimidate customers is very scary indeed.^

After being taken off the train, Mr Cromwell was taken to Dartford rail station where he claims he had to wait against his will on the platform for the British Transport Police (BTP).

A spokesman for the BTP said: ^BTP were called to Dartford rail station after staff reported a man taking photographs. After attending and speaking with the man, officers concluded that no offences had been committed and he was allowed to go on his way. The power to stop members of the public under the Terrorism Act resides only with police officers and with police community support officers when accompanied by a police officer, and only when that power is authorised by an officer ranking Assistant Chief Constable or above."

Mr Cromwell told News Shopper he hopes his story will help people know their rights.

He said: ^I aim to educate not only the average person on the street, but the company and it's employees too about what commuters are allowed to do.^

A spokesman for Southeastern trains said the public are free to take photos of their trains and stations but should ask permission before taking photos of employees. He said: ^If any of our employees, including REOs, are likely to feature in photographs as individuals, we'd appreciate as a common courtesy, the photographer asking for their permission whenever possible. Photographers should only go onto areas that are open to the general public and don't cause an obstruction to passengers or staff. Permission should be sought for any photographs taken of our trains and property for publication purposes."

A spokesman for the BTP said the public has the right to take photographs and film in public places.

He said: ^Taking photographs is not normally cause for suspicion and there are no powers prohibiting the taking of photographs, film or digital images in a public place.^

OK, so he should've asked for permission, but to use the Terrorism Act (which one were the REO's thinking they had the right to use? There are several) to detain him and then take him to another station is far beyond the powers of an REO, RPI etc. I'd sue for false imprisonment.



Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Chris from Nailsea on August 03, 2010, 23:44:06
Quote
A spokesman for the BTP said: ^BTP were called to Dartford rail station after staff reported a man taking photographs. After attending and speaking with the man, officers concluded that no offences had been committed and he was allowed to go on his way. The power to stop members of the public under the Terrorism Act resides only with police officers and with police community support officers when accompanied by a police officer, and only when that power is authorised by an officer ranking Assistant Chief Constable or above."

Jobsworths: please note.

CfN.  :-X


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: devon_metro on August 03, 2010, 23:58:15
I'd probably laugh in their faces. Muppets.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: inspector_blakey on August 04, 2010, 01:58:27
Two things about this story bother me:

1. SE's "rail enforcement officers" seem to have got it into their silly little heads that they have the power of arrest and detention, and yet no apology is forthcoming from the rail company.
2. BTP actually dignified the report of "a man taking photographs" with a police response rather than simply telling these REO clowns to p*ss off and stop being so stupid. At the very least that's a cretinous deployment of resources that could have been better utilized elsewhere.

I do rather hope that Olly Cromwell (what on earth were his parents thinking...?!) uses all legal channels at his disposal to take SE to the cleaners.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: JayMac on August 04, 2010, 02:35:36
I think Olly Cromwell's story was briefly referenced elsewhere on the forum (or did I imagine it? I can't find it!). He's a semi-political blogger and further details of his dealings with Southeastern et-al can be found on his blog:

http://youve-been-cromwelled.org/?p=1116

It maybe coincidence that he shares his name with the 17th Century Lord Protector, but I suspect it's a nom-de-plume somewhat in the style of Paul Staines' Guido Fawkes blog.

Word of warning: The language is a bit fruity at times!


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Super Guard on August 04, 2010, 09:38:57
This line always gets me, now I know there are times when trains are packed to the gunnels and you literally can't squeeze anyone else in but generally nowhere near as bad as a tube train at rush hour. A disaster waiting to happen and unsafe?, yet he still decided to travel on that train.

That's generally my line when I get complaining "how am I supposed to squeeze on, it's totally unsafe...".  I apologise and advise them when the next service is.  Before i've finished talking they've somehow crammed onto the "unsafe" train  :o


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Chris from Nailsea on August 05, 2010, 21:17:39
An interesting bit of additional background information to this item (including a picture), from the North Kent newsshopper (http://www.newsshopper.co.uk/news/northkent/8309558.GRAVESEND__Commuter_detained_for_taking_photos/):

Quote
The secret blogger, who refers to himself as 'Olly Cromwell' and wears a pigs mask at protests to conceal his idenity, was ordered off his Southeastern train at Gravesend by Rail Enforcement Officers (REO) after taking photos of them on his mobile phone.

Hmmm.  ::)


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: inspector_blakey on August 05, 2010, 22:37:53
All possibly true, but I don't see the relevance to the story described since I don't think the pig mask had anything to do with it. Perhaps more importantly, civil liberties are civil liberties, regardless of how obnoxious someone may be perceived to be, and it really does look like SET's REOs acted well outside their authority (assuming the story as reported is correct).

Nice to see on his blog that he really is doing everything possible to seek redress from the individuals and companies concerned. I'd be doing exactly the same thing had it happened to me.


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: Chris from Nailsea on August 05, 2010, 22:52:29
... but I don't see the relevance to the story described since I don't think the pig mask had anything to do with it.

Neither do I, actually: hence, I merely offered it, as a quote from the local journalist's article.  ;D


Title: Re: Terror arrest threat for taking photos on overcrowded train. (Mail 07/07/10)
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on August 22, 2010, 12:08:09
i have a question.... your aloud to take pictures or video anything in a public place (some exceptions... security cameras entrances to military bases stuff like that) , now are railway stations classed as public places or private i always thought private and although i confess i have never asked for permission i do think its wrong that people get angry when told to move on because if someone came onto your work property and took pictures without asking you would no doubt do the same and tell them to stop, second question while you are aloud to take pictures in a public place i often watch roadwars and the line stop f***ing filming me followed by he can its a public place comes up, now am i correct in thinking that if the person being filmed or photographed feels harrased that this is covered by a public order act and if requested to stop filming then they should?



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