British Transport Police

[Captain Haddock]

I have a bit of a spat on with them just now about a purported parking offence at a rural railway station. After a few disagreements, they have finally decided to charge me, only they charged me over the wrong date and location. They then scurried away, came back and tried to charge me again with the correct details. I told them they couldn't do that. Now, I know that Scot's Law is at work here but what's the general take on being charged again after mistake was made on the original charge?

[Blue Knight]

Re: British Transport Police

Hi Cpt Haddock,

What have you been charged with, I know BTP get a lot of stick for not doing a lot, but even they can't be enforcing double yellows?
The 14 days to serve you with a Notice of Intended Prosecution still applies in Scotland, so how long did it take them to get round to charging you?

[Captain Haddock]

Re: British Transport Police

Hi Cpt Haddock,

What have you been charged with, I know BTP get a lot of stick for not doing a lot, but even they can't be enforcing double yellows?
The 14 days to serve you with a Notice of Intended Prosecution still applies in Scotland, so how long did it take them to get round to charging you?

Hello, BK. Sorry for delay in getting back. This is an interesting tale and may take a while so put the kettle on.

I was charged with 'obstruction' - eventually - though I was parked away from yellow lines yet in front of gates under a disused railway bridge; the gates opened onto brush and scrub and led nowhere and there was no 'Keep Clear' notice on gates. They left a notice on my car asking to call a number. The note said no charge was, at that point, being considered but I was to contact them. I did and they said they'd get someone to call me back. Fast forward one month and I began getting texts from a moby number purporting to be that of a BTP officer. He was referring to someone with a different surname to mine so, as I was at work, I replied stating 'no one here of that name'. He was persistent and began calling. As I couldn't answer, I kicked him off and told him I'd report him for harassment if he didn't stop.

Later that day, a letter was put through my door citing my car being involved in an offence committed at a completely different railways station on a completely different date! Furious, I went to see them and, displaying photographic evidence, argued my case. The desk sergeant who interviewed me then decided to charge me. When I asked why the original note on my car implied no charge was being made he said he was convinced an offence had been committed and was charging me. He then charged me with an offence but read the charge using the incorrect location and date as mentioned in the letter!! I could not believe this and when he asked if I understood the charge I simply said 'No offence was committed by me at that location and on that date.' I asked for a copy of the law/bylaw in question and he and his sidekick disappeared for ten minutes.

Upon their return, it seemed they had sussed that they'd read me the wrong charge! I told them I let him read that incorrect charge and that he couldn't charge me again, which he proceeded to do. To the question of understanding the charge, I simply said 'No.' Flummoxed, he then gave me a page with the bylaw breach and got up to leave. I sussed he was trying to disappear with the incorrect allegation letter so I stopped him and asked for it back which he reluctantly gave me.

I was prepared to contest this if it had gone to court but a few days ago a letter came through from BTP HQ in Glasgow deciding not to submit the charge to the Procurator Fiscal.

My main interest here is was he allowed to charge me again after making an incorrect and invalid charge?

[bluebottle]

Re: British Transport Police

By the sound of it, BTP means Bloody Terrible Policing in your case. And that's coming from a retired officer, though, I might add, not BTP.

It sounds like they made a complete cock-up of it, realised their error, tried to cover it up, then realised they would have their heads bitten off by the Procurator Fiscal and dropped it like the proverbial hot potato. I would be inclined to make a formal complaint to the Chief Constable, British Transport Police, However, because this involves issues that may not be suitable for informal or local resolution, it may pay you to speak to the Independent Police Complaints Commission (IPCC) in the first instance. From experience, I have found that it is best to speak to regulators first before pursuing formal complaints. This can save a lot of time and hassle further down the line.

[Blue Knight]

Re: British Transport Police

I agree with Bluebottle, they made a right mess of the process, hence it getting binned before the PF looked at it. Technically there is nothing wrong with Scottish Officers charging for multiple offences for the same incident, or correcting an existing charge if they realise they've made a mistake. The charge by the Police is a procedural anachronism what really counts for toffee, the Copy Complaint is served by the PF is the one that matters in court. They (PF) can change the offences charged and all sorts, but the PF charge needs to be accurate for court. But it never got that far because it sounds like the cops failed to follow every procedure going!

As it's been dropped I won't bore you with details, but the PF would have binned it a long time before court.

You may be happy just leaving it at that, as nothing further is happening, but if you want to pursue a complaint I do not know if the IPCC would take up the complaint in Scotland, they certainly have no authority over Police Scotland, but BTP is an oddity so although the incident occurred in Scotland they may still have oversight. I've no knowledge on that, unfortunately.

[Captain Haddock]

Re: British Transport Police

Thanks for the info, fellas. I don't want to make a stink now that it's been dropped but I may rattle their cage a wee bit.

I do understand they have to enforce bylaws, etc., but what angers me most is that they had been alerted by Scotrail minions who man the myriad of CCTV cameras (four on every lamp-post!) at this station. This is the same Scotrail who, in typical British farce, built a large extension to the railway car-park which was completed just as the nearby annexe to a university opened. Result being that, after a certain time in the morning, commuters (like me) cannot get a space as they are by then all taken up with students and employees from the uni annexe, even though there are several signs stating parking is for Scotrail commuters only. And guess what? Scotrail don't do anything about this! Rather, they wait for guys like me to show up and park illegally or double-park. This is the second time I've been targetted over this, once with BTP actually waiting for me for a little chat as I got off the train!

Ok, rant over but where else would you get a car park built by a private firm who then let anyone into it to the detriment of those it was built to serve??

[Captain Haddock]

Re: British Transport Police

Aaannddd.... case dropped! Gave them and the station owner (Scotrail) a flea in their ear about targetting the real culprits - the students and the Uni staff. Natch, it's all been ignored.

Case closed. For now!