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Legal matters

Trapped on a level crossing - pursue action?

30 replies

TheMysteryCat · 13/06/2012 23:21

I'll try and keep this brief, but in essence, I'm trying to work out the best course of action following an incident on a level crossing last week.

I was waiting at a level crossing barrier that was closed with some friends and my baby (in buggy). The train went by and the crossing went up. Along with a number of other people, we began to cross. As we did so, the warning sound went off and then the barriers came down. I legged it to the closing barrier and got through with my baby, but one of my friends was trapped inside the barrier with about 4 other people. My friend doesn't walk well (she uses sticks) and was panic-stricken.

With my other friends that had gotten through, we forced the barriers apart enough to get my friend and the others out. My friend caught her arm on the barrier - it was bruised afterwards and swollen.

Afterwards, we complained to the station and to the crossing operators. They have said it will be a few weeks before a full investigation is completed. To my absolute horror, I was told that the railway operators only have to allow 30 seconds for anyone to cross a level crossing and that the CCTV/Signal Operator had seen us trapped/escaping and stopped the train, but did not raise it with anyone at the station, or make an announcement on tannoy for example.

What other action should I take to remedy this situation - the police? or solicitors? I think it was horrific and a very scary near-miss. What if it happens again and someone is much more badly hurt?

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nonapandknackered · 13/06/2012 23:34

Wow that is scary, you poor things! I'm not sure who you would go to tbh, but hopefully someone will be along to give you advice Smile

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Selks · 13/06/2012 23:37

That's terrible! I'd be tempted to go to the papers - but obviously don't do that if it might prejudice any legal action.

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TheMysteryCat · 13/06/2012 23:37

thanks.

i'm just really not sure what to do. I feel very strongly feel that there needs to be some serious redress to try and ensure that it doesn't happen and that their systems are changed. Also, am quite concerned for my friend who was trapped and another person who was stuck for longer on the other side of the track. I think they were quite badly affected by it.

Have to admit, I'm still really shaken up by it all too, but think it may pass with time.

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hermionestranger · 13/06/2012 23:38

Network rail are you people. They actually run the rail network and stuff like crossings.

How absolutely scary for you all.

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TheMysteryCat · 13/06/2012 23:41

hermione yup, it's them i've spoken to. initially they were very dismissive - said that the CCTV operator might have thought people were vandalising the barriers (from the inside? wtaf?), and then finally got to speak to some more senior people who said they would investigate.

After all that I googled (yes, I know... never google!) and found so many other cases of people being caught... on mobility scooters, cars, and extremely sadly two young girls who were killed a few years ago. So, I'm not sure I trust network rail to take positive and thorough action.

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hermionestranger · 13/06/2012 23:45

I will try and remember to ask my dad or uncle if they know anyone senior there still.

They are both ex-BR (senior) men and a lot of their colleagues tuped over.

Please pm me of I forget to come back to you.

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TheMysteryCat · 13/06/2012 23:46

oh wow! thank you!

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Toughasoldboots · 13/06/2012 23:47

This reply has been deleted

Message withdrawn at poster's request.

HeathRobinson · 13/06/2012 23:48

What kind of crossing was it - I can't see a barrier crossing with audible warning? Network Rail Confused

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KatieMiddleton · 13/06/2012 23:50

Health and Safety Executive if they have responsibility for railways should be notified I would think?

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TheMysteryCat · 13/06/2012 23:51

heathrobinson It's like the barrier crossing, but definitely had audible warning. it was by a busy greater london station.

toughasoldboots BTP... British transport police? not sure I want to put it all over twitter at this stage. do you think i should maybe hone them though?

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TheMysteryCat · 13/06/2012 23:52

katiemiddleton brilliant! why didn't i think of them?

Just found a link that says that the HSE have transferred power to the Office of Rail Regulation ORR I think i might send my complaint to them as well.

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TheMysteryCat · 13/06/2012 23:54

ah.. they're like an ombudsman. i have to wait for NR to finish their investigation first before referring a complaint.

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Toughasoldboots · 13/06/2012 23:59

This reply has been deleted

Message withdrawn at poster's request.

TheMysteryCat · 14/06/2012 08:07

Thanks.

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canyou · 14/06/2012 10:13

I personally would contact the HSA and ask the rail company about the risk assessment for those with additional needs using the crossing I doubt I could manage to cross in 30 sec with the DC and I am able bodied

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hermionestranger · 14/06/2012 10:26

Dad says to google network community rail and you should find your contact there.

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TheMysteryCat · 14/06/2012 10:38

thanks both.

hermione i can't find a rail users group for the station, but will spend a little more time on google looking into it. looks like the right kind of area for info though, so thanks.

now wondering about contacting the local MP...

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canyou · 14/06/2012 13:21

According to Dailymail a news paper today local councils etc have discretion for timings of green men at traffic lights I know it is a different system and bound by numerous time tables but your local Councillor may be able to help

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MarysBeard · 14/06/2012 13:28

Surely if another train was coming along so soon after the other one, systems should be in place so that the automatic barrier stays closed? Also there should be (IMO) a release mechanism if a person or vehicle is trapped on the inside.

What happened in the case where the two girls were killed was that there were no automatic barriers, but the warning lights were still flashing, and they didn't realise that one train might swiftly follow another and were killed by the second train.

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MarysBeard · 14/06/2012 13:29

For the first point, just to clarify, I meant so that you aren't even let in in the first place.

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TheMysteryCat · 14/06/2012 13:40

Thanks canyou I'll look up that report/information. Having trouble finding the details for level crossing timings anywhere, but shall persevere.

marysbeard I've just been reading up on the case of those poor girls. It was horrific. There was only 3 seconds before the train came through and hit them, and the courts found that NR failed to disclose a risk assessment of the crossing that was a few years old that said it was an unsafe crossing and needed to have lockable gates. so unbelievably tragic.

It's just making me think more and more that something has to be done to address this.

And I agree, the barriers should never have been raised between the trains. it's a very busy station and frequently the barriers are down for a good while whilst 2/3 trains go through. Makes me wonder why on earth they raised them in between these two trains when it was less than a minute.

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doradoo · 14/06/2012 14:05

It used to be HMRI who dealt with safety/accidents in the railways - but they've been abolished and now it's the ORR (Rail regulator) who deals with it see here: www.rail-reg.gov.uk/

You could also take it up with Passenger Focus who protect/promote the interests of passengers/public with the railways - www.passengerfocus.org.uk/.

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TheMysteryCat · 14/06/2012 19:18

ORR won't investigate until NR have finished their investigation, but will probably contact them if NR take too long or present dubious findings...

didn't know about passenger focus though, so will have a look there too.

thank you.

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TheMysteryCat · 15/06/2012 12:30

just a short update...

i've filed a report to NR and BTP are aware as well.

Now have to wait 10 days for the outcome from NR before doing anything further.

time for twiddling fingers...

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