Cub Scout leader in court for putting feet on train seat 'for just a few seconds'

Kathleen Jennings was grilled by a 'rail enforcement officer' after resting her feet on a chair
12 April 2012

When Kathleen Jennings was caught resting her feet on a train seat, she hoped a swift apology would be the end of the matter.

But the rail 'enforcement officer' who caught her had other ideas.

He took her details and she has now been summoned to court where today she faces the prospect of a criminal conviction.

The 19-year-old student, who is a Cub Scout leader and volunteer worker with special needs children, said the incident left her in tears.

"I am not the sort of person who would do anything wrong," she insisted.

"I have never been in trouble before and, working with children, I do not want a criminal record."

Miss Jennings stands accused of "wilfully interfering with the comfort or convenience' of other passengers. It is understood she faces a fine and prosecution costs of £150 on top of substantial solicitor's fees.

The Manchester University maths undergraduate, who lives in Oldham, was on a train to Chester with her boyfriend when the incident happened.

"I put my feet on the seat in front of me - just the edge of my flipflops," she recalled.

"A man in uniform came up to me and said, 'Are you comfortable?'

"I said sorry and moved my feet back to the floor. Then he said he wanted to see me when I got off the train.

"I got off at Chester and he was waiting on the side.

"I was scared throughout the journey. He ushered me over to the side of the platform and cautioned me."

The Merseyrail enforcement officer took down Miss Jennings's address, phone number and occupation - and even recorded what she was wearing.

The encounter in June led to the summons to appear before Chester magistrates today.

Miss Jennings's father, Tony, said: "It's ridiculous. Why couldn't a fixed-penalty notice be given? She could end up with a criminal record on her CV, which could affect her future. It's madness.

"Kathleen has always been an A* student and is a good, considerate girl. She's never been in trouble."

Merseyrail is the only rail company which prosecutes passengers for putting feet on seats.

Around 250 have been taken to court since its scheme was launched in February.

A company spokesman said that the 'feet up' policy had been widely publicised through signs and loudspeaker announcements.

In May, Babiker Fadol was prosecuted for an identical offence on a Merseyrail service.

The 45-year-old from Chester admitted the charge put to Miss Jennings and was given a oneyear conditional discharge with £50 costs.

Enforcement officers use CCTV 'head cams' to provide evidence for prosecutions based on railway by-laws dating back 120 years.

The company's spokesman added that it had not been possible to charge offenders before because of difficulties in obtaining proof.

The policy was launched in response to "passenger feedback" for a campaign against antisocial behaviour.

Merseyrail has spent £32million refurbishing its rolling stock.

A fortnight ago the Daily Mail told how a boy of 12 was taken to court and charged with assault for throwing a cocktail sausage.

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