Is this assault?

[jeanmb]

Hi Everyone,

I recently reported 2 passengers on a London train for verbal abuse and assault (verbal threats to commit physical harm), while sitting on a train waiting to depart.

This is how it happened:
A woman was playing with some electronic device which was emitting a fairly loud and repetitive beeping. After a while I asked in a somewhat annoyed tone if the noise came from her. She replied (frowning) : "What is the problem? I am texting, why are you just asking me?
My reply: "Well the noise comes from your direction, that's why I am asking you"
Her reply: (Angry and frowning)"And what are you going to say, what?"
My reply: "Nothing, nothing, but it could have been an alarm or something else going off" (At this point I was trying to avoid the argument).
Her reply: (still visibly angry) "This is exactly the problem with what is happening in the streets! You should be very careful with what you say..."

My reply: "Are you threatening me?"

At this point another passenger from the same ethnic group sitting behind her turns around and tells me: (frowning, very angry)"If you'd asked me the same question that way, I would be kicking you out of the train!"

My reply: "Maybe you wouldn't?"

His reply: Oh yes! Yes I would!

My reply: (while looking up across the train and speaking out loud) "Let's see if can get a ticket inspector"

His reply: (yelling) Now shut the f*** up, shut the f*** up!!

At this point I was really concerned about the man attacking me and I jumped on the platform. I hurried down the platform to get assistance. At that point the train was about to leave the station and I tried to jump back in and with 1 leg stuck in the doors the train was prevented from leaving. Railway staff asked me to remove my self (although stuck and not opening the doors) and when approached I explained I had been verbally abused and assaulted. Police went into the carriage and carried out a rather superficial investigation at the end of which the Police claimed there was insufficient evidence to pursue the matter. He argued 2 witnesses stated that there was rudeness on both sides. The PC never spoke to me before speaking to the 2 individuals I reported but relied on what I initially reported to the station manager. What troubles me is that the PC never spoke to the 2nd offender who made the intimidating threads. The station manager complained that I had caused a £20.000 penalty to the railway for (10 min) lateness and I held the train back deliberately. This I was told was an offence on my part. For bureaucratic reasons I was not charged but warned that I would be arrested if I caused trouble at this station again. The PC said he wanted to take my name and address down and I asked why. He said the transport police had to take down details of everyone they speak to. I gave him my details and he quoted NFPA (no further police action) on the stop/search paper.

Question 1 is: Can I be made liable for damages or charged for an offence (holding back the train) when I was the victim to start with? What would the penalties be?

Question 2 is: is the police not supposed to speak to all parties involved? Are they not supposed to check what threats have been made? I did not see him writing down anything.

Thanks for listening, any advice would be welcome.

[tkessex]

I'm afraid that this would appear to be political correctness at its very best, and I would be inclined to chalk it down to experience and forget about it - however infuriating it may be. At the very most it might be worth writing to the associated police force, and the train station's operations manager, explaining the situation in full with the sole hope of clearing yourself of any wrongdoing.

I would say though that your response of 'maybe you wouldn't' could be viewed as intimidatory and hence the incident isn't worth pursuing in any legal form.

[jeanmb]

Thanks tkessex. I did call the London Travelwatch and they advised me to complain but in the end I prefer putting the whole thing behind me.

[www.infoebookstore.co.uk]

Whilst I appreciate you are not happy about this, you are posting in a Small Business Forum so I doubt you will get the appropriate answer.

I am with the poster above, I would forget about it and move on. It will only eat away at you if you keep trying to resolve.

Good luck.

[Magsite]

I'm sorry but it sounds to me that you were having an argument, raised voices etc..
Speak to people how you want to be spoken too is what I've always being brought up to be.
The police officer was not there at the time of the incident so has spoken to other passengers to try and get a non biased version of events. He himself is under pressure knowing that he's holding up the train and all the passengers.
He get got accounts from a couple of other passengers. If it was to go to court, thats the stronger evidence, independant witnesses.