I can't find anything wrong with your logic.
I agree also.
In any other industry I would advocate a complaint, though of course the 'stick' of prosecution looms so he may not wish to do so.
I can't find anything wrong with your logic.
There's no harm in so doing, once the OP has assurance that TfL have no intention of taking further action. While it is very unlikely that they will, fanning the flames of a 'live' case with a complaint may have negative consequences.I do think a complaint needs to be put in about this Inspector and how he handled the sitiation and treated the passenger
There's no harm in so doing, once the OP has assurance that TfL have no intention of taking further action. While it is very unlikely that they will, fanning the flames of a 'live' case with a complaint may have negative consequences.
I agree that is how it should be, and in 99.9% of cases that is how it is. However, it just makes sense to wait until the TOC (or TfL in this case) has decided what they plan to do, if for no other reason than it is then possible to include it in your complaint!I would like to think that the decision to take further action against a passenger and the investigation of a passenger's formal complaint should be treated as separate and it would actaully be very unprofessional and morally wrong for a customer to suffer negative consenquences as a result of them making a complaint.
It's possible but I would say very, very unlikely.Also what I'm reading here by some posters, mistake me if I'm wrong, I could be taken to court ?
It's possible but I would say very, very unlikely.
If the inspector's report doesn't match the OP's description of events. As I said, very, very unlikely.On what grounds? (Prosecution I mean.)
If the inspector's report doesn't match the OP's description of events. As I said, very, very unlikely.
Considering that you don't have a reference number of any description it will be difficult to get anything out of TfL. As I said above it is very, very unlikely that any further action will be taken if events occurred as you have described, so - and I know it's not easy - you really shouldn't worry about it.Does anybody know who I can call contact TFL regarding the event.
Personally I'd be seeking redress for the embarrassment and the disruption to my day...
In my view, the moment the Inspector was able to establish that the OP had a valid touch in on their contactless card, that should have been the end of the matter. I find it most concerning that the OP states they were told that they had to stay (i.e. be detained) by the Inspector.
The most you'd be likely to get is an apologetic letter. It's not Northern or Virgin so you wouldn't even get a day rover or £20 RTV.
You'll get an apology. That's all they are really due you if they had reasonable grounds to believe that an offence had occurred. It's exactly what you would get if detained by the police on suspicion of having committed an offence.So someone can detail you wrongly for an houur and you have no comeback?
Indeed my understanding is that detention is only lawful if the individual doing the detaining has a reasonable belief that an offence has been committed.
That was exactly what the RPI did in this case. Detained the OP until a BTP officer was available to conduct a search....they tend to require the detained person to be detained for the purpose of bringing them before a constable or magistrate...
John Connor, in your opening post, you tell us that the officer "read out his your not under arrest . . . " which I take to mean that the you were not 'detained', and therefore could not have been 'unlawfully detained'.I'm glad that others are concerned about this. A person has a right not to be unlawfully detained and, . . . . .
in the end after scanning my contactless it got approved on the reader, which I also tapped out with the same contactless at my exit station.
That conclusion is not what I wrote (despite a couple of typos) in respect of John Connor's incident, and is not what I considered to apply to that incident.Dave, . . . I'm curious if you think that "reasonable grounds to suspect that there was evidence of a violation of one regulation or another" creates a power of detention and wonder if you could state your source for this?
You are quite correct, it was S.104. And that would have referred us back to the offences created by S.103 and S.16. By contrast, the RoRA still provides that power in S.5.2 (as do other enactments relevant to travel on the Railways such as Fraud and MOWP [Theft Act] and some of the more arcane legislation from the 19th c.) and that detention or an arrest under this enactment is not a 'citizens arreast'.. . . , SOCAPA also deleted the detention provision in the Railway Clauses Consolidation Act (s104 I believe).
Overlooking the narrow concept of 'citizen arrest' I'd taken some effort to choose authorities which clarify some of the terms used as they would also be applied on the Railways, and hope you'll find them helpful.. . . constable arrest . . . is a very different beast to citizen arrest. In fact the purpose of the SOCAPA amendments to PACE was to drive that point home and further separate them.
SOCPA amendment to PACE S.24 said:24A :
(1) A person other than a constable may arrest without a warrant -
. (a) anyone who is in the act of committing an indictable offence;
. (b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant -
. (a) anyone who is guilty of the offence;
. (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if -
. (a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
. (b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question -
. (a) causing physical injury to himself or any other person;
. (b) suffering physical injury;
. (c) causing loss of or damage to property; or
. (d) making off before a constable can assume responsibility for him.]
You are arguing that an illegal (or unlawful) detention occurred, but nothing the OP has posted indicates that he was being held against his will.I agree that detention isn't always arrest, but in some ways that's the point here! If it's not a valid citizen's arrest then the detention is probably unlawful, unless very specifically authorised by another statutory provision.