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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have recently travelled with a ferry company and have just

Customer Question

I have recently travelled with a ferry company and have just received a letter banning me from travelling with them for 5 years. They alleged that I was drunk, abusive etc. but it is my word against theirs and totally exaggerated. They have enclosed their travel contract which I have never seen as the crossing was booked by another party. I also believe I was assaulted as I was shoved and manhandled unnecessarily by 3 male employees into a cell and suffered a bruised arm and knee. They also rifled through my personal belongings (purse). Do I have any rights to challenge their decision?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis do you wish to challenge their decision please?
Customer: replied 2 years ago.

That I was drunk and abusive. I admitted that I had had a drink as I had spent a few hours in Amsterdam. One officer refused me from boarding and sent another down to see me, who said that he's been sent to assess me and admitted that I didn't seem to be in the state the other officer had claimed I was in.

Expert:  Jo C. replied 2 years ago.
Thanks

You can alway write to them asking them to reconsider and making these points.

However, they are a private company and have the same rights as any other private entity to exclude people if they wish for any reason they like. There is no appeal from that decision. This is basically private property and they cannot be forced to accept your business if they refuse to do so.

Of course, generally private companies are slow to take this step because they are not keen to loose business but they can do so if they choose.

However, it does no harm to write to them asking them to reconsider

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo


Customer: replied 2 years ago.

Ok that's fair enough as I don't ever want to travel with them again but is there anything I can do regarding the physical treatment I received. It seems that they can do what they want to passengers without any repercussions?

Expert:  Jo C. replied 2 years ago.
You could make a complaint to the police or sue in the civil courts but you obviously have to prove that their actions were unlawful and they will all support each other.

They will probably argue that they needed to restrain you because of your conduct.
Customer: replied 2 years ago.

What about CCTV I believe was onboard and the fact that it happened in international waters. Can I request the CCTV and do the police have authority?

Expert:  Jo C. replied 2 years ago.

You can request it but they do not have to provide it to you.

The police can seize it if it exists now.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I know I have closed my question but was just wandering in your opinion what would be the next best move. Should I go direct to the police or query the letter by contacting the head of security as stated in the letter. Is it wise to inform the company I may be taking the matter further? i.e. CCTV might go missing etc.

Expert:  Jo C. replied 2 years ago.
The CCTV probably would be disposed of fairly quickly anyway. Private companies don't store them forever.

If you want to complain to the police then just do it.
Customer: replied 2 years ago.

Ok and thank you

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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