Merseyrail criticised over 'feet on seats' crackdown

Sep 4 2007 By David Higgerson

A student who was facing a career-wrecking criminal conviction for putting her feet on a train seat walked free from court today.

Kathleen Jennings, 19, wiped tears from her eyes as she was given an absolute discharge by JPs at Chester Magistrates’ Court.

The university student, who is studying maths, could have seen her dreams of becoming a teacher shattered had she been convicted of a criminal offence.

She admitted resting her feet on a train seat while on her way home to Oldham in June this year, after being caught by an inspector.

JPs questioned train operator Merseyrail over its “zero tolerance” policy to passengers putting their feet on train seats.

Chairman of the Bench Christine Abrams gave Miss Jennings an absolute discharge, meaning no criminal offence will be recorded and she will suffer no penalty. There were no costs awarded.

Mrs Abrams added: “The bench is united in feeling while this may have been contrary to a by-law, Merseyrail should have a less draconian method for dealing with matters of this nature.

“A fixed penalty system may be more appropriate.”

The student’s parents, Tony and Susan, broke into a round of applause as the bench’s decision was delivered.

They hugged and kissed their daughter as they left court.

Speaking outside court, Miss Jennings said: ``I'm really relieved. I thought they were not going to give me a discharge, I thought the worst.

“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.

“Putting my feet on the seat, which I am sure everyone has done in the past, with the cost of it all, probably cost a lot of money. I’m quite happy they have got common sense, seeing as I work with children and CRB (Criminal Records Bureau) checks... I thought this would come up.

“It’s quite scary - for just putting my feet on a seat on a train it would jeopardise all that. I’m glad that it won’t any more.

“Putting me through this caused distress. I wouldn’t put someone through this much distress. I hope they will target proper criminals, not someone like me.”

Her father, Tony, a former JCB driver, added: “It is ridiculous, they just pick on the easy targets. If it was a 6ft yob who had told them to eff off, they would not have been here today.

“In my day you used to get a bang around the earhole and ’Don’t do it again’.

“Kathleen is sensitive anyway but she’s coped.

“I’m relieved somebody had a bit of common sense.”

Earlier, Kevin Jones, representing Merseyrail, told the court that, as a train inspector approached Miss Jennings, she took her feet off the seat.

He admitted there was no verbal warning but said a notice in front of her warned passengers of a £100 penalty for resting their feet on seats.

Irwin Bamforth, defending Miss Jennings, 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 maths student with no previous convictions, and she could end up with a criminal conviction, is crazy. There is no other word for it.”

Miss Jennings is a Cub Scout leader in her spare time, and also works with special needs children.

She had been travelling with her boyfriend, Mark Dowling, 22, a fellow maths student at the University of Manchester, from his home in Capenhurst, near Ellesmere Port, to Manchester on June 6.

She was wearing flip-flops and put her feet on the seat, but was caught by an enforcement officer, in uniform, wearing a head-cam.

The charge read out in court, to which Miss Jennings pleaded guilty, stated: “You did molest or wilfully interfere with the comfort or convenience of any person on the railway by putting your feet on the seats while on a rail journey to Chester.”

Merseyrail is the only train operator in the country to prosecute for the offence.

Around 250 train passengers have been prosecuted by the company since it began enforcement in February.

Miss Jennings could have faced a maximum fine of up to #1,000, according to Merseyrail's solicitor in court.

He said the defendant was prosecuted under by-laws made under the Railways Act 1993 which had been revised over the years but actually date back to the Railway Regulations Act of 1889.

The cases of seven other people caught committing the same offence were dealt with by the court in the same way, by absolute discharge with no costs.

Most wrote to plead guilty by post. Another student claimed “My legs were hurting” and the train was too “filthy” to put her feet on the floor, a Frenchman told the inspector he had a problem with his knees, and a commuter said he had inadvertently put his feet up while relaxing and reading his book on the way home to Liverpool after work.

Two other people, who did not attend or reply to the court by letter, were fined £50 and ordered to pay £40 costs along with a £15 victim surcharge.