FCC lose (another) court case over routeing

yorkie2

http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/10362033/Commuters-could-be-in-line-for-savings-following-court-case.html

Hundreds of commuters could save more than £700 a year by buying their season ticket from a different station, following a landmark court case.

A ruling in favour of a passenger travelling into London from St Albans could have wider implications for commuters on other parts of the network.

It has left train operators frantically trying to close “loopholes” which could force it to slash the cost of season tickets for possibly thousands of people.

They have been forced into action after Andrew Myers, successfully sued First Capital Connect after he found he was paying £700 more than the cheapest available ticket on his route.

Mr Myers, who works in the City, took the company to court after discovering a season ticket from Watford North, costing £3,068 a year, was valid for travel via St Albans into London, for which he was paying £3,800.

First Capital Connect insisted that this was because of a “loophole” in the planner, which put St Albans on the route into London from Watford, even though it was further away from the capital.

Initially the company sought to settle the case with Mr Myers out of court, subject to a “non disclosure” – or gagging -order.

Mr Myers non only won but was also awarded costs against the company by the court which ordered FCC to pay £2,193.

Don't believe the lies spouted by the FCC & ATOC spokespersons.

This "loophole" has not been closed, and is not a Routeing Guide error.

In fact, tickets are valid by the shortest route (and routes up to 3 miles), (as well as through trains and routes permitted in the Routeing Guide).

As the ticket concerned is a Travelcard from Watford North, which consists of unlimited travel within Zones 1-6, plus to/from appropriate boundary stations.

The shortest route to most boundary stations will, of course, be through Zones 1-6 so it will not be valid beyond the boundary in most directions (e.g. in the South East of London you can't get further than Knockholt, St Mary Cray etc on this ticket) but if you take the distance to the boundary station of Elstree & Borehamwood, it is then shorter to go via St Albans.

The ticket remains valid, and any talk by FCC of closing the loophole is an empty threat because they don't want other people using this ticket. In fact, anyone travelling from St Albans can indeed use the ticket, and the last time I checked journey planners are offering the route.

I do wonder how FCC intend to close the 'loophole', as however they do it, their methods will be at best underhand and, at worst, downright fraudulent and illegal. They arguably need DfT approval to change permitted routes, though sadly the DfT seems to be in cahoots with the TOCs when it comes to shutting down many 'loopholes'.

yorkie2

Update: ATOC have sneakily introduced a "negative easement" at the request of FCC, and argued that it's not a change the DfT needs to approve. This easement is not enforceable though, as if the journey is to Elstree & Borehamwood, then you are on the shortest permitted route between St Albans and Elstree & Borehamwood. Once you arrive at Elstree & Borehamwood, you could of course instantly start a new journey to St Pancras! No need to get off/on the train, either.

FCC's own journey planner will still happily issue you a Travelcard, if you put an origin of Watford North and a destination of Elstree & Borehamwood, with an itinerary via St Albans. Anyone purchasing such a ticket should print the itinerary as evidence of a legally binding contract.

Nevertheless, FCC have issued instructions to staff to refuse to honour such contracts. FCC can't legally do this, but they know that 99.9% of passengers will accept being bullied and will not defend themselves in Court. If anyone was prepared to defend themselves in Court, I suspect FCC would give up the case at the last minute.

As there's no ombudsman - in contrast with the banking industry - FCC are free to act as they want, and the only way to stop them is to either take them to Court or simply defy them and if they decide to take you to Court, then get a good solicitor and you should win the case.

portisgreg

So from what it you're saying....

1. I would have to get a slow train - one stopping at Elstree & borehamwood.

2. I would need to have a travelcard

Is that right?

yorkie2

1) That's debatable
2) Yes, that's right.