SWT and their interpretation of the Super Off Peak fare code

yorkie2

iggy12a wrote: »

Update:
SWTrains finally admitted that the wording on www.nre.co.uk/BE is wrong and will seek to have it amended as soon as possible. However in the meantime, they still say that because the Journey Planner has been set (the way they want it), then travel is still not allowed on the 19:00 departure.

They are in breach of contract.

Did you incur any losses? If so, file a claim with small claims court.

iggy12a wrote: »

I complained to London Travelwatch who whilst agreeing the wording was sloppy, sided with SWT in that the Journey Planner is the definitive tool to use to decide on which trains a ticket is valid.

Write to LTW's Chief Exec:

The Chief Executive,
Dexter House,
2 Royal Mint Court
London EC3 4QN.

State you are making a formal complaint about the way your case has been handled and that the member of LTW staff who wrote back to you is incorrect; the contract refers you to the NRE website. Inform them that

If LTW do not back down, complain to the Local Government Ombudsman, inform them you wish to make a complaint about the actions of LTW. They can be contacted on 0845 6021893 or online at www.lgo.org.uk

iggy12a wrote: »

The ORR said that they had no powers in respect of the TOCs fare policies and referred me to the DfT, so I have today made my complaint to the DfT.

Inform the ORR that you are reporting a consumer law breach, and remind them that they are a designated enforcer under Part 8 of the Enterprise Act 2002.

As for the DfT, you can complain to them too. Inform them that a franchise breach has occurred, and you wish this to be investigated. This is because SWT are committed through their franchise agreement to honour fares as per the relevant conditions, and they are refusing to do so. Insist that a franchise breach notice is issued.

Do not give up. Keep fighting this.

I have some contacts (including at SWT); feel free to let me know any case reference numbers if you wish me to help you chase this up.

Ian011

yorkie2 wrote: »

If LTW do not back down, complain to the Local Government Ombudsman, inform them you wish to make a complaint about the actions of LTW. They can be contacted on 0845 6021893 or online at https://www.lgo.org.uk

LGO does not use premium rate 0845 numbers.

The number changed to an inclusive 03 number several years ago. See official website for the new 0300 number.

iggy12a

Update
The DfT have written to say that it is up to South West Trains to decide on which train a particular ticket is valid.

So, I have followed Yorkie's suggestions:
1) Contacted London Travelwatch to request a review of the way my case was handled
2) Informed the ORR that I am reporting a consumer law breach, and they are the designated enforcer
3) Informed the DfT that a franchise breach has occurred, and I wish this to be investigated.

Kite2010

Good news, SWT have requested the wording of the BE restriction to be "Not valid on trains timed to depart:
London Terminals (except London Paddington, below) after 04:29 and before 11:00, and after 15:59 and before 19:02" :rotfl:

martindow

Kite2010 wrote: »

Good news, SWT have requested the wording of the BE restriction to be "Not valid on trains timed to depart:
London Terminals (except London Paddington, below) after 04:29 and before 11:00, and after 15:59 and before 19:02" :rotfl:

This is not good news is it? It means you definitely can't use your ticket on the 19.00 train.

redux

For their Promo Day Single, the off-peak band ex-London seems to start at about 2000

iggy12a

iggy12a wrote: »

Update
The DfT have written to say that it is up to South West Trains to decide on which train a particular ticket is valid.

So, I have followed Yorkie's suggestions:
1) Contacted London Travelwatch to request a review of the way my case was handled
2) Informed the ORR that I am reporting a consumer law breach, and they are the designated enforcer
3) Informed the DfT that a franchise breach has occurred, and I wish this to be investigated.

Reply from DfT:
In regard to your point on the setting of the fare in question, SWT inform us they are currently amending the information you highlight to ensure wording reflects the intended
instruction, before submitting the change to National Rail Enquiries. SWT explain this change should be visible on the system over the coming week and will make clear the restriction applies up to and including 19.00.

I would like to assure you that this does not constitute a breach of the Franchise Agreement as the super off-peak fare is not one regulated by the government - restrictions for this fare are set at the discretion of the Train Operator

yorkie2

Were you charged an excess fare or denied travel?

iggy12a

yorkie2 wrote: »

Were you charged an excess fare or denied travel?

I have never actually attempted to travel on the 19:00, so consequently have never been charged an excess fare or denied travel. When queried over the phone, Customer Services have told me that I would not be allowed to travel on the 19:00 with a Super Off Peak ticket.

I just want to get the matter clarified as I believe that SWTrains are completely in the wrong and that as things stand I should be able to travel on this train if I wanted.

I asked London Travelwatch to look again at my complaint, as you suggested. An alternative advisor was assigned who asked for my email correspondence, and she is now proceeding with my complaint.

Ultimately I think that SWTrains will just get the rule amended to legitimately deny travel on the 19:00.

martindow

iggy12a wrote: »

Ultimately I think that SWTrains will just get the rule amended to legitimately deny travel on the 19:00.

Haven't they already amended it to read 19.02 according to Kite's post (no 15)?

"After 15:59 and before 19:02" specifically excludes the 19.00 train.