13 May 2013 – Ignorant threats in Birmingham
Simon reported an incident in Birmingham to pedlars.info 13 May 2013:
Hello Robert, Me again. Another problem.
I went peddling in Birmingham yesterday, Saturday 11th May, and was accosted by a policeman, PC 9817 Welch, of the City Centre Neighbourhood team, from Digbeth Police Station. He was extremely aggressive and accused me of illegal street trading as I had wheels and the pedlars law says we must carry everything. I argued with him, but he said I didn’t know the laws, even though I do, threatened to arrest me and confiscate my stuff, and eventually grabbed my arms and said those immortal words, “You are under arrest. You need not say anything,” etc. At this stage I held up my hands and told him I would leave as I didn’t want the hassle and there were plenty of other places to go peddling and he ‘let me off and said he wouldn’t prosecute me’.
He threatened me with lots of other stuff as well, in front of a witness. Other pedlars I talked to all said he was a complete bar steward. I feel I want to take this further. It doesn’t seem right to me that one bullying policeman should stop me going about my legal business. My daughter, who actually works for the police in Worcester, suggests I write to the West Midlands Police, stating what happened, and suggesting that an apology from PC Welch would be nice, along with a promise to leave pedlars alone in the future.
To this end I have drafted a letter to them, which I will send off tomorrow. I was wondering if you have any suggestions before I do this. I am willing to visit my local MP to get his backing, if necessary.
Yours, Simon [redacted]
pedlars.info reply 13 May:
Simon
Definitely lodge a Formal Complaint to the Chief Inspector WMP.
That the incident was witnessed is important to mention.
Your contemporaneous notes also important.
Am happy to contribute to your draft and edit if necessary.
By not addressing harassment, intimidation, bullying and threat then you endorse his ill-informed arrogant opinion about interpretation of law.
Robert
Simon then sent copy of letter for pedlars.info to edit [pink]
Dear Sir,
Formal Complaint
I wish to make a complaint about one of your officers, PC 9817 Bob Welch, part of the city centre neighbourhood watch team from Digbeth Police Station.
For a living I grow and sell Bonsai Trees, mostly at markets, but I also have a valid & current pedlars certificate, selling my Bonsais from a small, cute barrow. On Saturday 11th May 2013, for the very first time, I visited Birmingham. I pushed my barrow along New Street, behaving as a pedlar and causing no obstruction or nuisance, as always. I had a friend with me.
At about 1.00 pm I was approached by PC Welch, who was extremely aggressive towards me from the beginning. He accused me of breaking the law because I was a street trader, not a pedlar. He explained that this was because I was using a trolley and that the pedlar laws state that a pedlar must carry his goods. This is simply not true, as I explained to him.
Shepway – v – Vincent 1994 and Chichester – v – Wood 1997 make clear that the Pedlars Act does not prohibit the use of a means of transporting goods. More recently during 2009-2012 several Select Committees on private street trading legislation [Bournemouth, Manchester, Reading, Leeds, Nottingham & Canterbury] acknowledge the use by a pedlar of a pedestrian means of transporting and displaying goods and have provided specific differentiation in scale and proportion from that of immobile apparatus used by licenced street traders. The Local Government (Miscellaneous Provisions) Act provides exemption from street trading regulation for persons acting as a pedlar. At all times I was acting as a pedlar and could easily move if politely requested to do so.
PC Welch accused me of not knowing the pedlars laws, whilst boasting that he knew them exactly. The opposite was true. The laws he ‘quoted’ to me were fantasy and untrue, whilst he scornfully mocked and belittled my knowledge of the laws.
PC Welch then threatened to report me to the inland revenue, implying that I didn’t pay my taxes. He was trying to frighten and intimidate me, but I am totally legal so his threats had no affect on me.
He was talking such rubbish that I felt obliged to argue with him, which he didn’t like. On a number of occasions he threatened to arrest me and confiscate my goods. Eventually he grabbed my arm firmly and said “I am arresting you for illegal street trading and obstructing the highway. You needn’t say anything but … etc etc.”
I felt bullied, astonished and amazed. I couldn’t believe what I was hearing, so I held up my hands and said “Just let me go mate, and I will leave right now. I don’t need this hassle. There are plenty of other place for me to pedal.”
At this PC Welch became sweetness and light, calling me Simon and complimenting me on my Bonsais and my barrow and wished me luck elsewhere in the country but not Birmingham. I then immediately left the city centre and returned to my van.
My friend was with me for the full duration of my meeting with PC Welch and can confirm this my record of the unpleasant incident.
I have talked with other pedlars, and none of them have a pleasant word to say about PC Welch. I always thought a policeman’s job was to help and look after hardworking, law abiding members of the public. PC Welch seems to think the opposite.
I think an apology to me from PC Welch would be a nice gesture. Much more important, I think, would be a promise from him to leave pedlars such as myself alone in the future and to allow us to get on with legitimately earning our living.
If this is not forthcoming, then I will consider taking further advice and make this incident known to my local MP.
Yours faithfully,
Simon replied to pedlars.info 21 May:
Dear Robert,
Concerning my problems with Birmingham, and I first received an email from Inspector Stuart Bill, asking for my phone number, and then a phone call.
He apologised for the behaviour of PC Welch, saying he was normally a very good policeman. He hadn’t spoken to him yet to get his side of the story. He asked me what I wanted and I said I wanted pedlars to be allowed to pedal in Birmingham without being harassed and hassled. He replied that as long as we have a valid pedlars certifiate then certainly this is fine.
If we have any more problems from PC Welch or anyone else then we must contact him directly.
Regards, Simon
Simon
This is probably the best you can get from the Bill.
Authorities do not like writing apologies as that expresses guilt and we here at pedlars.info like to expose such communications on-line for the benefit of others.
It is most unlikely that he didn’t speak to PC Welch but your message will have reached him for sure otherwise the Bill would have refuted your email and maintained your guilt.
You personally may be safe in future but the Welch will simply take a wide birth of you and focus his tirades on less strong victims who none of this communication will assist.
It will be worth calling the Bill once again and check that he has now spoken to the Welch and informed him of pedlars rights.
Let us know the outcome of that call… when you are ready
best wishes
Robert