I am going to reproduce below the entire Section 9 statement I have
made in respect of being accosted by Network Rail staff at Birmingham
New Street Station last Friday. This is now the subject of both a
British Transport Police investigation against the railway staff
involved, the subject of a formal complaint to Network Rail and I am
taking legal advice regarding trespass to the person. For all railway
photographers out there, take note! If a middle-aged man in a suit is
treated so appallingly, Heaven only knows what railway staff get away
with in respect of others.

Anyone with similar experiences might care to post the same or contact
me directly.

Thanks for your time.

Marc.

EVENTS AT BIRMINHAM NEW STREET STATION, 28th NOVEMBER 2008

On 28th November 2008, I arrived on Platform 5 of Birmingham New
Street Station, en route from Telford Central to London Euston, at
approximately 1.50p.m. I was intending to catch the 2.00p.m train. As
I walked along the platform, I noticed it had a nameplate, “City of
Lichfield”. Since I am both a railway enthusiast, and because I will
be singing in Lichfield Cathedral next year, I decided to take a
photograph of said nameplate. It was a small pocket-sized digital
camera, with the flash disabled.

As soon as the photograph was taken, a female member of the platform
staff came up behind me and asked whether I had permission to take
photographs. I informed her politely that I did not need permission.
She stated that I did need permission, to which I replied again that I
did not. She was by then on her radio speaking to someone else. She
asked me to wait and speak to her manager, which I declined, since the
train’s departure was imminent and I had done nothing wrong. She again
asked me to wait, to which I replied that if she made me miss this
train I would sue her, and I decided that I was under no obligation to
continue to conversation, and then boarded the train.

Very soon afterwards, the same staff member boarded the train with two
colleagues, a tall man in some sort of “security” uniform and another
man, now known to be Mr. Alan Haskins, who described himself as
“station manager”. Having pointed me out to her colleagues, the
original staff member did not stay on the train, but the taller staff
member asked me whether I had taken a photograph, to which I replied
“yes”. Mr. Haskins then asked me whether I had permission to take
photographs, to which I replied that I did not need permission. He
repeated that I did need permission and that I was “not allowed” to
take photographs several times, to each of which I replied that I knew
what I “allowed” to do. He said that for “security reasons” nobody was
allowed to take photographs “on this station”. I stated that this was
a Railtrack station and that the Railtrack website specifically stated
that photography for personal use was allowed. Mr. Haskins then stated
that this was a Network Rail station, and I apologised said I meant
Network Rail, and that the Network Rail website stated what I had
already said (copy attached hereto).

Mr. Haskins then started raising his voice and asked whether I was
“arguing” with him, to which I replied that I was simply telling him
what the legal position was. Mr. Haskins then said that if I
persisted, he would have me removed from the train. I asked what power
he had to stop me taking photographs and what power he had to remove
me from the train. His reply was that he was “station manager” and “if
I do not want you to be in my station I can have you removed and you
will be prevented from using the station”. I again asked what I had
done wrong. Mr. Haskins then said “Can you please leave the train. I
can decide who uses this station. I am asking you to leave the train
and then you will leave the station”. Incredulously, asked whether
Mr. Haskins was seriously asking me to leave this train, to which he
replied “yes”. I finally asked whether he was making the right
decision here, adding that he was making a “ career-altering” decision
by making me leave the train. He again asked me to leave. I then left
the train, followed by Mr. Haskins and the tall male colleague.

When on the platform, in an attempt to make Mr. Haskins see sense and
because I was now seriously worried about being trapped in Birmingham
without a means of getting home, I asked Mr. Haskins whether, if I
went to an Internet café and downloaded the relevant Network Rail
statement, he would allow me back into the station and to get a train
home. Mr. Haskins’ response was that I was being “abusive” to staff,
to which my incredulous reply was to ask him what I had said to him
that was “abusive”. Mr. Haskins then went over to the female platform
staff member who had originally spoken to me, and asked her to repeat
what I had said to her. She accurately repeated the conversation we
had had earlier, which contained nothing “abusive”. Mr. Haskins then
asked her “whether this gentlemen ought to be allowed back on the
train”, and she thought about her answer for a few seconds and then
said “no”, because I had “threatened” to sue her. I replied that I
was simply stating that she had no reason to stop me from boarding the
train and that there would be financial consequences if I missed it,
for which she would have to take responsibility. I added that I had
not raised my voice or used foul language at any stage. The female
staff member agreed that I had not raised my voice or used foul
language.

In utter disbelief, I then again asked Mr. Haskins whether as a
result of this he was going to prevent me from travelling, he then
thought about it for a few seconds and, as the train doors were about
to close, he allowed me back on the train.





MARC MAITLAND
29TH NOVEMBER 2008.




EXTRACT FROM NATIONAL RAIL WEBSITE

http://www.nationalrail.co.uk/passen...thusiasts.html
PHOTOGRAPHY
Taking photographs on stations is permitted providing it is for
personal use. For any commercial photography, prior permission must be
sought from the appropriate train operator or, from Network Rail at
their 17 major stations. On busy stations the use of a tripod may
cause a dangerous obstruction to passengers and you may be asked not
to use one. In addition, tripod legs must also be kept away from
platform edges and behind the yellow lines. Flash photography on
platforms is not allowed as it may distract the attention of train
drivers and train despatch staff and is therefore a potential safety
hazard. You are also not allowed to take photographs of security
related equipment such as CCTV cameras.