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Was denied use of toilet when at Hull Paragon station, ended up soiling myself and police got involved

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foxyplatform

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Kingston Upon Hull
I was queuing for the disabled toilet as the regular toilets were out of action, (considering they have only recently been refurbished and reopened!) and there was at least ten other people in front of me. I suffer from Chron's Disease, so as you can imagine, getting caught short can more distressing than usual.

A woman in the queue decides to try the toilet in the adjacent café within the station and I decide to do the same. Although they have a rule of having to purchase something before using the toilet, they unlocked the door for her and let her use the toilet, no further questions asked. Just as I was about to use it, the girl who had come from behind the counter with the key blocks me and points out the policy to me. I said why did you let her use the toilet without purchasing anything and she went back to the counter and said that's just the way it is. She said the next nearest toilets are in the nearby shopping centre and there was no way I could have made it. I plea with her to allow me as I've got Chron's Disease and right now I'm in agony trying to hold it in, but she just stood staring at me smugly.

At this point, I can no longer hold it in, and I end up soiling myself, some of the mess goes onto the floor, and I whispered sorry, and feeling very humiliated, back away and she gets a walkie talkie out and whispers something into it. I walk through the station, still in a lot of pain and humiliation, all of a sudden, station security demand that I stay where I am, and ask me if I realise what I did in the café is a public disorder offence. I tried explaining it was involuntary and explaining my medical condition, but they laughed at me and said they've seen and heard it all before, and when I tried walking away, they got me on the ground and said the British Transport Police are on their way, minutes later two officers appeared and they took me to their office in the station and interviewed me, taking my details and refused to believe that what I did was a genuine accident brought on by my medical condition.

What's likely to happen next? If this goes to court, am I likely to be convicted, or will they see it as a genuine accident and that I was treated in a very heavy handed sort of way at the station?
 
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tram21

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Absolutely disgusting behaviour by everyone involved (except you!).

Do you have any proof of the medical condition, as if you do then I would highly doubt it would ever make it to court. If anything, I'd say you have a case against them.
If it did make it to court though, I would highly highly doubt you would be convicted.

Sorry you had to go through that.
 

Indigo Soup

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17 May 2018
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I have a very hard time imagining a prosecution being seen as in the public (or indeed anyone's) interest.

I'd suggest contacting Crohn's and Colitis UK for advice, they're more likely to be able to offer relevant advice.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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LBK
This one is probably outside the forum’s expertise, which is mostly related to fares matters.

If you hear any more about this - and I hope you don’t - get a solicitor and contact a charity who can support you. Sorry this happened to you.
 

John Webb

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I have a very hard time imagining a prosecution being seen as in the public (or indeed anyone's) interest.

I'd suggest contacting Crohn's and Colitis UK for advice, they're more likely to be able to offer relevant advice.
I'd back up Indigo Soup's comment re the above association. I've been a member since I was diagnosed with Crohn's in 1998. If you become a member, their membership card includes a plea to use toilets urgently, which I've used with success on a number of occasions.
Best Wishes to getting the Crohn's under control - treatments can take time to have effect - and carefully watch what you eat.
 

scrapy

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2,235
When I read the forum title I actually thought the police had been involved to prosecute the cafe owner under the disability discrimination act, not you. I have a feeling you won't hear any further, and wish you all the best.
 

WesternLancer

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12 Apr 2019
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10,744
I was queuing for the disabled toilet as the regular toilets were out of action, (considering they have only recently been refurbished and reopened!) and there was at least ten other people in front of me. I suffer from Chron's Disease, so as you can imagine, getting caught short can more distressing than usual.

A woman in the queue decides to try the toilet in the adjacent café within the station and I decide to do the same. Although they have a rule of having to purchase something before using the toilet, they unlocked the door for her and let her use the toilet, no further questions asked. Just as I was about to use it, the girl who had come from behind the counter with the key blocks me and points out the policy to me. I said why did you let her use the toilet without purchasing anything and she went back to the counter and said that's just the way it is. She said the next nearest toilets are in the nearby shopping centre and there was no way I could have made it. I plea with her to allow me as I've got Chron's Disease and right now I'm in agony trying to hold it in, but she just stood staring at me smugly.

At this point, I can no longer hold it in, and I end up soiling myself, some of the mess goes onto the floor, and I whispered sorry, and feeling very humiliated, back away and she gets a walkie talkie out and whispers something into it. I walk through the station, still in a lot of pain and humiliation, all of a sudden, station security demand that I stay where I am, and ask me if I realise what I did in the café is a public disorder offence. I tried explaining it was involuntary and explaining my medical condition, but they laughed at me and said they've seen and heard it all before, and when I tried walking away, they got me on the ground and said the British Transport Police are on their way, minutes later two officers appeared and they took me to their office in the station and interviewed me, taking my details and refused to believe that what I did was a genuine accident brought on by my medical condition.

What's likely to happen next? If this goes to court, am I likely to be convicted, or will they see it as a genuine accident and that I was treated in a very heavy handed sort of way at the station?
Sorry to read of this

I guess the café at Paragon (not that it matters but is it the one at the side?) is private property / leased from the railway privately so they are at liberty to set their own rules on the use of their toilets.

Presumably she has a system for calling station security and they have a system for escalating it to BTP. At which point you would have hoped the BTP officers involved would have taken a different attitude to the one you outline.

Did the BTP indicate they were minded to charge you with anything at the time? Did the BTP officers tell you what to expect next?

In addition to the good advice above I think I would be
a) sending a version f your complaint to the management that runs the station. This is apparently Trans Pennine Express. I would be informing them of
i) the importance of having their toilet provision operational and
ii) about the conduct / behaviour of the security which is presumably employed by them (subcontractors maybe?).

b) If Transpenine Express (TPE) response is inadequate I would be asking your MP to raise it with them (TPE is run directly by the government / DfT who are accountable to MPs in parliament. You MP should be happy to raise a constituents concerns

c) at some point, I would be seeking to raise this with the appropriate senior person at BTP, if you believe the officers attitude was not appropriate given your medical condition
 
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