Train delay passenger fails to overturn restraining order

Sessions House, Preston
Sessions House, Preston
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A train passenger has failed in his bid to overturn a restraining order banning him from contact with a Virgin Trains worker.

Kyle Taylor, 23, of School Lane, Bamber Bridge, was prosecuted following his alleged conduct during a journey in which two suicides delayed passengers.

Last year, he was convicted of threatening behaviour towards a member of Virgin train staff, during the delayed journey - but successfully appealed the conviction at Preston’s Sessions House Court.

Despite this, the court took the unusual step of allowing a restraining order against the staff member to remain in place. Virgin Trains have banned Taylor from Virgin stations.

Taylor took his bid to overturn the restraining order to Preston Magistrates’ Court, saying Virgin trains were using it as a “punitive measure” and that it was affecting his ability to attend studies and see family.

A previous court hearing was told Taylor, a passenger on the Euston to Preston service on July 23 last year, had followed a member of staff to the kitchen part of the catering carriage and accused her of being “racist”, after staff had started handing out free refreshments to passengers.

The West Coast service was delayed by a suicide on the line and then diverted by a second suicide on the same route, meaning the train only arrived at Preston at 2.15am the following day.

District Judge Jane Goodwin said the magistrates had no jurisdiction over the issues grieving Taylor.

She said Virgin Trains had taken it upon themselves to refuse to allow him entrance to Virgin stations, impacting on his studies and seeing family, adding: “But the fact they imposed a separate ban doesn’t make this restraining order unnecessary or inappropriate.

“This court has no jurisdiction to go behind what Virgin Trains are doing in this particular matter and I find your application to be without merit before this court.”

A previous version of this article stated that there was a civil order banning him from Preston Station, and that Virgin Trains had taken him to court.

In fact, Mr Taylor had brought the case against Virgin Trains, and there was no court order in place, Virgin Trains had simply banned him from the station. We are happy to make this clear.