Court raps 'draconian' train firm who prosecuted girl for resting her feet on seat

 

If she had been a 6ft yob, they would not have taken her to court, says father

 

 

Last updated at 13:15pm on 4th September 2007 Comments

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.

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Relieved: Kathleen Jennings

 

 

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.

 

 

Jennings admitted resting her feet on a train seat while on her way home to Oldham

 

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."

Yet another criminal is allowed to go free :(

 

Who wants to sit on dirty seats where some posh girls has rested their feet on?

Yet another criminal is allowed to go free :(

 

Who wants to sit on dirty seats where some posh girls has rested their feet on?

 

A caution would have been more than enough in the circumstances.;)

Yes, calling people who put their feet on train seats "Criminals" is such a inflammatory comment to make.

 

Sure, some people might say "well, she has committed a crime" but using such language today does, no matter how 'correct' people say the term is, cause many people to think in completely the wrong way about such petty crimes.

 

I don't put my feet up on seats when I have mud and grime all over my shoes because that isn't right and people should possibly pay a fine for messing up seats like that - but I have done it without dirty shoes....and I do stop if I realise I'm doing it.

 

I often take off my shoes on trains I then put my feet up. Just let them try and do something about that!!

She shouldnt have got a criminal record for that. Just the fine or something if the train company wanted to be as harsh as they were.

 

The worst thing is when people let their dogs sit on train seats which I have encountered a few times....not nice at all.

She shouldnt have got a criminal record for that. Just the fine or something if the train company wanted to be as harsh as they were.

 

The worst thing is when people let their dogs sit on train seats which I have encountered a few times....not nice at all.

 

I'm certainly not condoning people putting their feet up, just reiterating the fact that there is far too much draconianism pervading society in the wrong areas (especially in the UK). ;)

I often take off my shoes on trains I then put my feet up. Just let them try and do something about that!!

 

*Note to self, take gas mask onto train*

 

South West Trains have gotten rid of most of the carriages with tables, as someone did research saying without those tables you could fit more seats in (the new carriages only have the 1 table in the centre where the seat direction reverses)

wow..that is madness!!!

the tables also stop you puttig you feet up. you can't get a comfortable angle coz the table blocks your knees. plus you then run the risk of getting chewing gum all over you.

the tables also stop you puttig you feet up. you can't get a comfortable angle coz the table blocks your knees. plus you then run the risk of getting chewing gum all over you.

 

And then you might be fined for "possession of chewing gum"!!:rolleyes:

And then you might be fined for "possession of chewing gum"!!:rolleyes:

 

Or littering

Or littering

 

Or loitering.............................. :rolleyes:

Or loitering.............................. :rolleyes:

 

Or being on a train without a ticket

Or being on a train without a ticket

 

Well that's a genuine offence!!:rolleyes:

Well that's a genuine offence!!:rolleyes:

 

Depends which railway company your with. Some have penalty fares, some don't.

Well that's a genuine offence!!:rolleyes:

 

not round here because not all stations are manned. you can buy a ticket on the train, but you can't buy any kind of concessionary/cheap day tickets from the ticket inspector.

not round here because not all stations are manned. you can buy a ticket on the train, but you can't buy any kind of concessionary/cheap day tickets from the ticket inspector.

 

Worst than south west trains :(

However, the opportunity to "pay on board" is a good idea if you ask me.

It means you never need miss a train because of queues, plus it would be pretty much impossible to evade paying.;)

The idea is to get to the station in plenty of time to get a ticket.

The idea is to get to the station in plenty of time to get a ticket.

 

Not always possible. You can get delayed.;)