On the evening of the 19 March 2009, my client, Peter Garrigan travelled with his brother, Daniel from Fazakerley Station to Liverpool Lime Street Station.
They were both using Saveaway tickets, which involve the user scratching panels from the ticket to show the date elected for its use.
When they arrived at the ticket control gate, they showed their tickets to a member of station staff. There were problems with their tickets, in that Peter’s ticket had the right day and month but the wrong year and Daniel’s ticket was a child ticket.
Peter tried to explain how the problems had arisen and that a mistake had been made. The ticket collector became angry, raised his voice and said that he intended to issue a penalty fine. The ticket collector was joined by a colleague. Peter continued to explain the position, as did his brother. At one point, Peter’s brother was moved to one side by the ticket staff.
At some point, the station staff telephoned the police. Two British Transport Police Officers attended, PC Quest and PC Marshallsay.
PC Quest told Peter and his brother to leave the station. Peter said that he simply wanted to explain the error. PC Quest then pushed Peter into a corner and sought to detain him there. PC Quest then took hold of Peter and put his (PC Quest’s) knee into Peter’s stomach and placed a hand across his chest and shoulder, pinning Peter against the wall. PC Quest then threatened to, “punch [Peter’s] head in”.
PC Quest then punched Peter several times, using his left arm and striking him around the face and torso area.
Several other police officers attended and went to the assistance of PC Quest. Peter was dragged away and taken to the ground where he was pinned down on the floor and placed in handcuffs. He was then transported to a nearby police station. He was processed, interviewed and then released.
With my expert assistance, Peter brought a claim against British Transport Police for wrongful arrest, assault and misfeasance in public office. Liability was robustly denied and the case proceeded to trial where liability was established and substantial damages awarded.
Also read: British Transport Police ordered to pay compensation after giving false evidence.
