Is this tresspass?

[appletrees]

Hello RailUK,

I have a question about the confusing area of tresspass. I suffer from insomnia sometimes and find taking a walk at night helps. I live near the Overground, and the station is left unlocked at night aside from an orange tape barrier indicating it is not open.

If I were to go onto the station when no overground services are running to film a couple of freight workings would I get prosecuted under the railway or TfL byelaws? Or would this be acceptable? Or is it a grey area?

Thanks.

 

[Llanigraham]

Yes it would be trespass, as you do not have permission to be there.

 

[DarloRich]

Hello RailUK,

I have a question about the confusing area of tresspass. I suffer from insomnia sometimes and find taking a walk at night helps. I live near the Overground, and the station is left unlocked at night aside from an orange tape barrier indicating it is not open.

If I were to go onto the station when no overground services are running to film a couple of freight workings would I get prosecuted under the railway or TfL byelaws? Or would this be acceptable? Or is it a grey area?

Thanks.

Yes - It is trespass. The police might come to check on you and ask you to leave/ take you away from the station if you are spotted on CCTV.

 

[yorkie]

.. If I were to go onto the station when no overground services are running to film a couple of freight workings would I get prosecuted under the railway or TfL byelaws?

If you are seen by staff (potentially via CCTV) then you would probably be asked to leave, and you may be questioned by police and/or security a staff, as you are likely to be seen as acting suspiciously, but I very much doubt they would go straight for a prosecution (unless you refused to comply with instructions or were a repeat offender).

...Or would this be acceptable?...

I don't think they would see it as acceptable; if it was they wouldn't tape it off, would they?

 

[Y Ddraig Coch]

Would they do anything if they saw you on CCTV..... 90% no

The BTP police are spread sparsely enough that if they got a call to say someone with a camera is on a station they only close with a bit of tape is on the platform , doesnt look drunk and isn't interfering with anything or a danger to trains or himself I doubt they would raise and eyebrow.

Is it right......No....would they do anything not unless it was a very quiet night and they were close. Even then it would be a "come on mate, you know the rules"

 

[bramling]

Would they do anything if they saw you on CCTV..... 90% no

The BTP police are spread sparsely enough that if they got a call to say someone with a camera is on a station they only close with a bit of tape is on the platform , doesnt look drunk and isn't interfering with anything or a danger to trains or himself I doubt they would raise and eyebrow.

Is it right......No....would they do anything not unless it was a very quiet night and they were close. Even then it would be a "come on mate, you know the rules"

I think any action is unlikely. A PA might be made asking to leave, but if all that's happening is someone is clearly photographing trains, then I doubt any action would be taken. I really can't see BTP being interested, worst that would happen is they might drop by if in the area and perhaps ask to leave.

 

[PermitToTravel]

If the BTP did show up an £80 PND would be a reasonably likely outcome

 

[Y Ddraig Coch]

If the BTP did show up an £80 PND would be a reasonably likely outcome

Rubbish.... they would ask you to leave maximum. maybe even leave you to it if they thought you were a genuine spotter.

 

[Holly]

Hello RailUK,
I have a question about the confusing area of tresspass. I suffer from insomnia sometimes and find taking a walk at night helps. I live near the Overground, and the station is left unlocked at night aside from an orange tape barrier indicating it is not open.
If I were to go onto the station when no overground services are running to film a couple of freight workings would I get prosecuted under the railway or TfL byelaws? Or would this be acceptable? Or is it a grey area?
Thanks.

You could always write a nice letter asking them for permission. Perhaps offering them the copyright on any commercial use of the pictures you take.

 

[Spartacus]

I'd be more concerned if you were using flash photography of running trains, which isn't allowed. The 'taped off' scenario is a novel one to me though.

 

[a_c_skinner]

The current appetite for blowing things up or trying to create mayhem in other ways means that this isn't a good plan for insomnia. I think there is a good chance you'd not get back to bed later in the night.

 

[TrainfanBen]

I agree that it is likely to be construed as trespass and would advise against entering.

You could always write a nice letter asking them for permission. Perhaps offering them the copyright on any commercial use of the pictures you take.

Sounds sensible, but I guess that the OP will be told no for a multitude of reasons. "Health and safety" being one of them. (More like insurance liability!)

I reckon that in a few years things will change, the 24 hour economy shall expand and more stations will remain open at night so...

 

[Gathursty]

Is this a new thing - taping off platforms? I've been to Hampton Wick, Finchley Road & Frognal, Kew Gardens and many other LO stations after midnight for pictures with no locked gates or other impediments to station access.

 

[the sniper]

Rubbish.... they would ask you to leave maximum. maybe even leave you to it if they thought you were a genuine spotter.

Entirely agree. Though I would say that there is a reasonable chance of a CCTV operator calling BTP to have a look if they saw someone loitering on the station overnight well after the last train had gone. I imagine LO have centralised CCTV monitoring. I've known it happen out in the provinces, let alone in the BTP stronghold of London.

I'm only surprised that London Overground 'close' stations after the last train and bother to put up an orange tape barrier. How quaint...

 

[Tubeboy]

I assume the stations are not locked up to allow Contractors access?

 

[Antman]

Rubbish.... they would ask you to leave maximum. maybe even leave you to it if they thought you were a genuine spotter.

Exactly, the worst that the BTP would do is ask him to leave. If the BTP don't have the resources available the local police would attend just to make sure there was nothing untoward going on. The chances of an £80 fixed penalty notice in such circumstances are zero.

 

[DarloRich]

Exactly, the worst that the BTP would do is ask him to leave. If the BTP don't have the resources available the local police would attend just to make sure there was nothing untoward going on. The chances of an £80 fixed penalty notice in such circumstances are zero.

unless you failed to comply with an instruction, became difficult and annoyed the police

 

[sjoh]

I assume the stations are not locked up to allow Contractors access?

It's more likely to be down to the specifics of the station. For instance, Walthamstow Queens Road springs to mind - the over bridge is I believe a public right of way, and the steps down to the platforms from that bridge offer no realistic method of total segregation. I've not been there for a while so it's possible they may have found a way of installing a gate of some description, but I'd be surprised if so.

 

[Y Ddraig Coch]

unless you failed to comply with an instruction, became difficult and annoyed the police

Which wasn't suggested or insinuated at all....

 

[DarloRich]

Which wasn't suggested or insinuated at all....

that was kind of my point

The old bill will ask you to do done. If one is done they wont waste time "writing you up".