Opus Finale .... A Warts an' all Exposé of Paintball's Very Own Megalomaniac

[Dusty]

As the 'banned' person in question, I can provide a bit of clarity.

Although I typically avoid Shoreline events due to the owner, the ticket auction had no bids, so I bid and won the ticket for £10. As I was intending to donate anyway, I upped my donation to £20 (and the only other person to bid on the ticket, Vimto, also donated £10 to the cause, top man). At the time I bid I had no idea I was banned from Shoreline events, as I've not bought a ticket directly from them since TCUK 2012 (I also played TCUK 2013, but only after picking up a ticket cheap 2nd hand).

The person who had donated the ticket contacted Shoreline and was told that I wasn't welcome at their events, which was news to me. The guy who donated was generous enough to offer a refund out of his own pocket (which would have meant Shoreline leaving him £20 down), but I was happy for the money to remain donated and said that the ticket could be given away to someone else, which it subsequently has been.

As to the 'why' am I banned, I don't know, but can only imagine that it is related to one of the three negative interactions that I have personally (disregarding what has happened to people I know) had with Tim Barnett, all of which were trivial and would have been forgotten about by any normal person.

1. After TCUK2012 at Sennybridge, I fed back that the netting separating the camping area from the playing zone was too low (paint was hitting tents). That earned me a ban from the (at that time) Shoreline group on Facebook.

2. Having changed to a company page rather than a group, they launched an event with a crusade/templar theme, with a poster showing someone in a St George's cross tabard flanked by firebrand-wielding figures. I jokingly posted that it looked like a BNP recruitment poster. That got me banned from the page.

3. Finally, within the PB Community group on Facebook Tim's wife posted a standard sponsored team soundbite along the lines of "Team x are telling everyone how awesome their new xxx gear was". I made a sarcastic comment along the lines of "Sponsored team in loving free kit shocker". His wife took offence and posted something along the lines that people like me were ruining paintball with our negative attitudes. I replied to say she was over-reacting to a joke. That got me blocked on Facebook.

That's the sum of my sins, a valid safety concern about an event and two sarcastic comments. All polite, well mannered and inoffensive to a normal person. Boom. Banned, but not actually informed that I was banned for a couple of years. Some people have very thin skins.

Snoreline are definitely doing paintball differently, i'll give them that.

Shocking mate, you've been what can only be described as a stalwart of UK paintball for many many years so it's their loss.

 

[Dusty]

WOW! What an amzing 65+ page read that has taken me nigh on 4 days to get through!

I had no intention of signing up to the forum until I saw this post of yours, and for some reason this particular post tickled my spidey senses regarding the Police PIN.

In case you are unaware, all PIN isued by our glorious boys and irls in blue (or should that read as tac vest black with pepper sprays and batons?) are required to be fully investigated by said issuing Force prior to be issued as stated in this Freedom of Information request - https://www.whatdotheyknow.com/request/236473/response/585679/attach/html/3/Response 893 14.pdf.html

Question:
2) Before a Police Information Notice is served are the alleged allegations fully investigated;-
a) By gathering documented evidence of the alleged allegations.
b) By actually seeing the evidence relating to the alleged allegation
c) Or just by hearsay/alleged allegation from someone.

Answer:
All allegations of harassment are taken seriously and every case reported to the Police is thoroughly investigated

The fact that said PIN contains information that we all know to be false means that the Police have clearly not investigated said claims (with this alone opening up a whole can of worms concerning Police misconduct etc), as if they had then they would have found said claims to be valid. This means that all this information concerning this affair that is now stored on the Police's database (and believe me, there will be lots of it linked to your own personal information) is incorrect, and as per the requirements of the Data Protection Act 1998 must be updated to reflect it's true accuracy with all incorrect information being deleted.

Failure to do so could result in the Police Force (with the head man for that force's area being vicariously liable for his/her Forces actions) being subject to prosecution as per the offences under the Data Protection Act.

Lastly, signing for said PIN was a bad move, as no one, absolutely no one can make you sign for anything, ever. And now they have your signature......

Having recently dealt with the PSNI I was left completely and totally despondant at the state of our legal system. I understand that particularly the PSNI are overstretched but my faith in the legal system is completely destroyed.

I'm not suggesting all cops are bad, not for a second, however I don't believe they have time to do their jobs properly. It seems to me whoever can put a spin on things and play the victim better will come out smelling of roses.

This particular thread has many facets and can be difficult to follow unless you've read it closely. What copper has time in their day to sit down and read 66 pages? Never mind trying to make sense of it all without going DEEP into the background?

Really and honestly there is only one person who has caused all this trouble, and he continues to be a pillar of morality by protecting his few very important customers from the scourge of paintball that is our @Gadget .....

 

[Tony Harrison]

@Gadget is proper dodgy. He can sell you a peanut that lets you see into the future......

 

[Robbo]

Well, it's always refreshing to read a different take on matters ...
If I had known I didn't have to sign it, then I wouldn't have done but the WPC promised me that all I was signing was a confirmation of receipt.

She added that I was not signing an admission in part or whole for the accusation of harassment.
I've recently heard even more of tb's nastiness and spite but I think most people are already aware of what's gone down and so there's no point in me repeating it.
However, lest anyone believes that I'm not commenting upon it because of a piece of legal bog-paper accusing me of harassment, then I will willingly give people an update of events.
Last time I heard, it's not against the law to report the truth .. mind you, looking at some of our tabloids and their propensity to exaggerate, fabricate, downright lie, I should be on pretty solid ground if I ever recount the facts of any wrongdoings....
It seems the following platitude is true when someone once remarked, 'A leopard cannot change its spots' ... :/

 

[SwollenBallz]

Thought I'd share a link to some interesting info ref PIN's. I hope I don't come across as an alarmist or doom mongerer but PIN's can sometimes have a bit of a detrimental effect.

Please forgive the very long post.

http://crimebodge.com/harassment-warnings-how-to-challenge-them/

Police harassment warnings are a one sided, and often dishonest account of a grievance between two parties. Not only do the police commonly hand them out without ever bothering to confirm the truth of the allegations, they then remain on record where they can cause damage at a later date, preventing you from getting a job or used as evidence to prosecute you.

They are in effect a verdict without trial.

In this article, we give you some important advice on how to deal with and challenge these poison pen letters…


What are harassment warnings?

Harassment warnings – or PINs as the police refer to them (Police Information Notices) are formal written notices given to people who have been accused of causing another alarm and distress. They contain an account of the incident as alleged by the complainant and a warning that any further incidents could result in arrest and prosecution.

Each harassment warning contains details of alleged conduct which can range from exaggeration, wrongful accusation through to outright fantasy.

The police issue PIN notices – or so they claim – to serve as a ‘reminder’ to stay away from the complainant. The notice will often conclude with blithe assurances that the document isn’t an indication of guilt. However, these warnings become a permanent record on police computers and can be used and disclosed to your detriment.


How harassment warnings become verdict without trial

Whenever a harassment warning is issued an entry is made on the Police National Database (PND) and a corresponding warning flag is placed against the recipient’s name and address on the Police National Computer (PNC). The PND entry contains a full list of the allegations as they appear on the warning. No rebuttal, explanation or denial of the allegations are entered even if they are given.

Although they do not show on basic criminal record checks, they are disclosed on enhanced criminal record checks. Which means if you are applying for a visa, or working in a high security environment then you could cause you problems. Worst still harassment warnings can remain on police files for 7 years; often longer if they go unchallenged.


Why harassment warnings are a useless deterrent

The reason that harassment warnings are so ineffective is not only do they often defame innocent people, they also encourage MORE harassment warnings. Those receiving them often make counter allegations simply out of spite for having received a notice themselves. In which case, the police will often blindly serve it, becoming a spiteful pawn in a vicious circle of he-said she-said.

However, in a disagreement between two parties, the police will commonly favour whoever makes the first complaint. If they do bother to check the records in advance of issuing a notice, the mere existence of a harassment notice against somebody’s name is usually all the the evidence the police need to decide who is the victim and who is the aggressor.


Never sign for a harassment warning

Most harassment warnings are served by hand. If the police arrive at your door, under no circumstances invite them in. (See this article on why you should never allow the police into your home)

The police will tell you that an allegation of harassment has been made about you by a third party. Irrespective of anything you say in your defence, you will be handed the notice and asked to sign it.

NEVER EVER SIGN FOR A PIN. Not only are you under no obligation to acknowledge the allegations, the mere signing of it will be used as evidence against you should a charge of harassment be brought at a later date.

It’s up to you if you choose to take a copy of the harassment notice unsigned. Accepting it without signature is no proof of admission and CANNOT be used against you. Furthermore, the police cannot insist you sign for it as a condition of it being handed over. If they insist, it can render the document useless as future evidence as well as give you a valid complaint against the officer concerned.

Refusing to accept the document will not prevent the police from entering the allegation onto police computers. Chances are this will have been done before the notice is even delivered.


Never talk to the police

Regardless of how angry you may feel on receipt of this notice, we would advise against saying anything to the police at this stage, except to emphatically deny all the allegations. There is no need to go into detail. The issuing officer is unlikely to care about your side of the story and may insist he is there for no other purpose except to serve the notice. This is of course rubbish. If a policeman is at your door and you wish to make criminal allegations of your own, then the officer is obliged to record it.


How to challenge a harassment warning

The first step to challenging a harassment warning is to lodge an official complaint. You can do this via e-mail. A full list of all the professional standards departments of every police force in Britain as well as a detailed methodology for making effective complaints against the police can be found in our Ebook Take on the Police and Win.

In your complaint you should set out your version of events. You should then dispute each of the allegations contained within the harassment notice. If the allegations are a complete fabrication then challenge them as such. If you have witnesses who can support your account, then include a copy of their statements with your complaint. In fact any documenting evidence that you may have of the incident: video or audio, CCTV, third party witnesses you should also submit.

At the end of your complaint you should insist that the allegations be fully investigated or removed in their entirety from police computers. If the police fail to do so, then you could bring a county court action against them and obtain a court order demanding the data be destroyed.


Using the law to challenge harassment warnings

In most cases, the police will refuse to remove unfounded harassment allegations from their databases. In which case, you will have no other option except to make a direct legal challenge. There are a variety of different methods you can use.

We will describe each of them in brief, as to give a full account of how to dispose of a harassment warning via each method would be beyond the scope of this article:

• The Data Protection Act

The data protection act (DPA) requires that intelligence retained upon police computers must be “necessary, adequate, accurate/up to date and not excessive”.

Under Section 10 of the Act you are entitled, in limited circumstances, to write to the police requesting that personal information likely to cause unwarranted substantial damage or substantial distress must be deleted. The Chief Constable of each individual force is registered as the Data Controller for such records and they have the authority to delete information. Should they refuse then you may appeal to the ICO (Information Commissioner’s Office). Under section 42 of the DPA any person can request the ICO to make an assessment if they believe that they have been adversely affected by the handling of personal data by the police. The ICO may then issue a compliance order instructing the police to destroy the data.

Should you be unsuccessful on appeal to the ICO you can still pursue breaches of the data protection act through the civil court. Under section 14 of the DPA an individual has the right to seek a court order for the rectification, blocking, erasure or destruction of innacurate personal data.

Under section 13 of the DPA any individual that believes they have suffered damage or distress may be entitled to compensation from the police.

• Exceptional case procedure

Chief Police Officers have the power to delete any information held on either the PNC or local police computers. Deleting such information is known as ‘Exceptional Case Procedure.’ An individual can seek the removal of information from the PNC by applying under the Exceptional Case Procedure. Data deleted under this procedure usually involves that associated with unlawful arrest, or where an offence did not exist. However, the police will refuse to delete information simply because its disclosure might cause someone difficulties in finding employment.

• The Human Rights Act

Unjustified police data that interferes with an individuals right to respect for their private life is a breach of Article 8 of the European Convention on Human Rights. If it can be justified by showing that the data serves the public interest in a sufficiently important way then a human rights claim may fail. However the burden of proving that the interference is justified rests entirely upon the police, something they may be wary of doing when it is cheaper, quicker and easier just to delete the data rather than face a long and costly court battle.

• Triggered Reviews

By far the quickest and most effective way of having unfounded allegations removed from police databases is to trigger a review. This can be done by making a subject access request for all data that the police currently retain against your name.

The collection and management of data on police databases is regulated by the Data Protection Act 1998. It is also subject to the Code of Practice issued by the Home Secretary under the Police Acts 1996 and 1997 and the Guidance on the Management of Police Information published by the National Policing Improvement Agency.

Paragraph 7.4 provides that all records which are accurate, up to date and necessary for policing purposes should be held for a minimum of six years to assist forces in identifying offending patterns over time. After that there should be a review in order to determine whether it is still necessary to keep the record for policing purposes.



Further reference:

Here are some further cases where Police disclosure of unproven allegations has been successfully challenged:

J v Devon and Cornwall Constabulary Oct 2012
R (A) v Kent Constabulary Feb 2013
R(L) v Cumbria Police Mar 2013
R(K) v South Yorkshire Police May 2013

Edited for atrocious spelling.

 

[Robbo]

The Final Nail ?
Oh my, oh my, oh my, it seems everything I predicted has come true, and once again, a financial casualty is cast aside like a cigarette butt with tens of thousands of pounds left owing .....
I'm not gonna go into details just yet but I'll be posting the full account either today or tomorrow after I've written it.
It would seem that leopards really can't change their spots and they will continue with their aberrant behaviour patterns no matter what detrimental effect they may be having on other people.
I think this one will end up being the final nail ...

 

[Sid Sidgwick]

 

[Robbo]

It would seem my prediction was correct all along..... and all those people who sprung to his defence can now wallow in the fact they were wrong - must be kinda hard to admit you were wrong but hey, that's life I suppose - and so, we all continue on, a little wiser than we were before ........ the truth hurts sometimes !!!



I've little doubt there's more to come .......

 

[H]

Wonder how this affects events they have coming up that they appear to still be selling tickets to and promoting as of earlier today.

 

[Bolter]

Silver linings Pete, silver linings