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Travelling Short on Megatrain

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313103

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The simple answer to all of this is 'Why not buy a ticket from where you starting from to where you are going'?

I thought that would be simple enough, but then i maybe stupid to even think that. Or is it that want you to do that, but not pay the "APPROPRIATE" fare. I don't know some people, they just make life difficult for themselves.
 
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Helvellyn

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Because EMT can't be bothered to provide that, but I ask yet again how can you enforce the stopping short anyway without physically chaining someone to the seat? The T&C's are broken I agree, but you will never be convicted of fare evasion because you can never prove the person has done it in court!
How many times do I have to point out that megatrain.com is separate to EMT? EMT offers a range of AP tickets whilst megatrain.com offers AP tickets that are for very specific trains and journey opportunities. Why does claiming someone cannot be convicted of fare evasion make it acceptable? The argument seems to be that because Thetford is an unmanned station, and the OP will be arriving late afternoon Christmas Eve, he can do what he wants because nobody will be about or care!

Old Timer - you seem to be a lone voice here as regards starting short being 'illegal' as in the other thread. Starting short is permitted in the NCoC.
Firstly I am not a lone voice, as others have recognised the point. Not least Helvellyn who is a professional with the Revenue Protection area and confirmed just a few posts back that the ticket was not valid for travel to Thetford.

Even, in fairness, so does the OP recognise it is not valid.

The NCoC states quite clearly that there may be restrictions on the use of tickets both to particular trains or operators.

Starting / terminating short is NOT an issue where the ticket allows it, but how on earth anyone can sustain a reasonable argument that a ticket which is very clearly issued from A to C ONLY can be valid at B is beyond me.

As Old Timer points out nedchester, starting/finishing short is not permitted on this ticket, and therefore it is not covered by the NRCoC. It's a bit disingenious trying to smother his particular point here with a more general one from another thread.


The whole AP discriminates against rural services as it encourages people to drive to the larger stations but that is a different debate.
It is a separate debate, but it's based on supply and demand. Start offering lots of these tickets from rural stations and they'd come out of the quota for the principle stations. Then we'd see threads on why someone can never find an AP ticket from say Newcastle to Birmingham! Just because something is not available doesn't give someone the right to start breaking T&Cs because it suits them.

Lets stop this right here, you have a mega train ticket from Sheffield - London, you get off at Luton. You know this is against the T&C's so you buy a ticket from Luton Airport Parkway - Luton. You hand the Luton Airport Parkway - Luton ticket the to RPI. They are happy that you have a valid ticket for a journey that station and let you pass. In reality you use the barrier anyway so knowbody ever knows.

You can travel from Edinburgh - Glasgow with tickets from Edinburgh - Haymarket and Charing Cross - Glasgow for the sake of passing through the barriers, however if you are questioned on the train you are up the creak without a paddle. In the example of Sheffield - London Megatrain you are OK on the train as you have ticket for your entire journey, you are OK on the station as you have a ticket for a journey that is possible for that station. (Luton Airport - Luton) Hence why megatrain tickets short stopping T&C's are unenforceable, without illegally using force to keep you in your seat until you arrive at your destination.

Finally what I am suggesting is against the T&C, but is it illegal? Well if you can find a case where someone has been convicted yes, if not who knows.
Both examples you gave there are examples of what we call Sandwich Tickets, in that you would have a ticket to get on the train at the origin, and one to get off the train at your destination. Yes, even your Luton example would be included in that, because you boarded at Sheffield, have a ticket to St Pancras (no BOJ allowed) and have arrived at Luton station with a ticket from Luton Airport Parkway.

Your argument seems to be that's okay to do this as long as you don't get caught. Well I can tell you that plenty of people think that. A number will be still doing it, and still thinking it's okay because they're getting away with it. But that doesn't make it right, nor does it make it legal. There are numerous examples of people being convicted for this sort of thing.

I agree with Old Timer, in that there seems to be a belief in certain quarters that because the ticket a passenger does not want is unavailable, for whatever reason, then the passenger can look for any way round that. The legality of that way round it does not matter - much more important seems to be the thinking, "can I get away with it?" If the answer is a yes, or a confident belief they can, then I'll do it goes the thinking, because how can the TOC catch me, and what can they realistically do? Maybe on that one instance nothing, but someone who does that on a regular basis will get caught and then they will have very little sympathy from me.
 

thefab444

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313103, the thing is, the "appropriate" fare is often stupidly more expensive. Here's an example:

SOU - CLJ route Not London with a YP, is £22.45 CDR.
SOU - BTN route Not London with a YP, is £13.05 CDR. This ticket is valid via CLJ.

There is also a SOU - CLJ route Not London SCO, for £18.80 CDR, but this has a huge restriction on morning travel.

During the peak period it is even worse:

SOU - CLJ route Not London with a YP, £35.50 SDR
SOU - BTN route Not London with a YP £14.85 SDR. This ticket is valid via CLJ.

So you're telling me I should spend an extra £10 - £20, just so I am paying the "appropriate" fare? Why is the higher fare any more appropriate? I am paying an extra £10 - £20 to have the privelege of NOT being able to to Brighton. :| Why should I spend so much more when I can easily, easily get away with a technically invalid ticket (no BOJ at CLJ technically, although I have to get off to change anyway) which costs almost half as much?
 
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Failed Unit

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So lets just throw out the NCoC and lets have a free for all shall we?

Because that is the basis of your argument.
No the basis of my arguement is that this T&C is totally unenforceable, so their is no point in it existing in the first place. Most other things in the NCoC are enforceable
Maybe we should ignore any other Laws you or others do not like ?
If a law can't be enforced there is no point in it existing, I may not like the 70mph speed limit on motorways, I sometimes break it myself, however the police can and will catch me. As we often see it doesn't always result in a conviction, good lawers and technicallities see to that. I don't break this law or any law because I don't agree with it, just because I am not a perfect person and I know there is a high chance of getting away with it. I certainly wouldn't do it past a speed camera!

Where shall we start ?

I advised an earlier poster to go and seek a legal opinion. I suggest you do similar.

:lol: It is breaking T&C's - not the law big difference. Don't see why you feel I should seek a legal opinion, anyone with a valid ticket on the train & station they are using will not get done for fare evasion. If I had done it myself I would sleep very soundly, however I would have gone for the Ely - Thetford ticket it is cheaper :lol:

I am glad old timer that you never do anything illegal, at least there is one decent human in the world.<D
--- old post above --- --- new post below ---
The simple answer to all of this is 'Why not buy a ticket from where you starting from to where you are going'?

I thought that would be simple enough, but then i maybe stupid to even think that. Or is it that want you to do that, but not pay the "APPROPRIATE" fare. I don't know some people, they just make life difficult for themselves.

I wish we could in this case, but sometimes we need to do odd things to save money.
--- old post above --- --- new post below ---
The legality of that way round it does not matter - much more important seems to be the thinking, "can I get away with it?" If the answer is a yes, or a confident belief they can, then I'll do it goes the thinking, because how can the TOC catch me, and what can they realistically do? Maybe on that one instance nothing, but someone who does that on a regular basis will get caught and then they will have very little sympathy from me.

I never have disputed that the it breaks the T&C's but the simple fact is it is impossible to enforce. How I look at it is that if stagecoach are that bothered about it they need to withdraw the ticket, as people will continue doing it as it is so easy.

Anyway that is the end this from me. I have never done it myself, which isn't the same as saying I wouldn't. BTW just imagine how different the would would be now if we didn't fight for things we believe in, we would all be paying poll tax now. Stagecoach may even change the T&C if they realise it isn't working, stranger things have happened. Big companies tend to bully customers, I did take BA to court once an won by fighting an unfair T&C (which I agreed to during booking), I am glad I did so I know that just because a big company thinks they can bully people the court sometimes takes the little persons side.
 
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John @ home

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Here's an example:

SOU - CLJ route Not London with a YP, is £22.45 CDR.
SOU - BTN route Not London with a YP, is £13.05 CDR. This ticket is valid via CLJ.

There is also a SOU - CLJ route Not London SCO, for £18.80 CDR, but this has a huge restriction on morning travel.

During the peak period it is even worse:

SOU - CLJ route Not London with a YP, £35.50 SDR
SOU - BTN route Not London with a YP £14.85 SDR. This ticket is valid via CLJ.

So you're telling me I should spend an extra £10 - £20, just so I am paying the "appropriate" fare? Why is the higher fare any more appropriate? I am paying an extra £10 - £20 to have the privelege of NOT being able to to Brighton. :| Why should I spend so much more when I can easily, easily get away with a technically invalid ticket (no BOJ at CLJ technically, although I have to get off to change anyway) which costs almost half as much?
I try to give fares advice which is in accordance with the rules. But here is an example of CeliaDrummond assuming that something is contrary to the rules when in fact it is quite specifically allowed by the rules.

For Southampton - Brighton break of journey is allowed on both SDR and CDR fares route Not London:
National Fares Manual NFM 04 CD said:
Origin : SOUTHAMPTON CTL
Destination : BRIGHTON
Route : 00700 NOT LONDON
Discount : 16-25 Railcard
Standard Class Return

SDR - ANYTIME DAY RETURN SN
1 Adult @£ 14.85
No Restriction Applies

CDR - OFF-PEAK DAY RETURN SN
1 Adult @£ 13.05
Restriction : B3
OUTWARD TRAVEL
By any train except those timed to depart Mondays to Fridays before 0900
RETURN TRAVEL
By any train
Break of Journey: Out/Rtn - YES

Southampton - Brighton via Clapham Junction is a Permitted Route using maps LB+WX in the current (30 November 2009) version of the National Routeing Guide. So it is perfectly valid, and fully in accordance with the rules, to start, finish or break a journey at Clapham Junction on either of the tickets above.
 

WillPS

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Travelling Short is still not allowed on those tickets, technically. However the fact that they allow Break Of Journey means this is totally unenforceable.
--- old post above --- --- new post below ---
I agree with Old Timer, in that there seems to be a belief in certain quarters that because the ticket a passenger does not want is unavailable, for whatever reason, then the passenger can look for any way round that. The legality of that way round it does not matter - much more important seems to be the thinking, "can I get away with it?" If the answer is a yes, or a confident belief they can, then I'll do it goes the thinking, because how can the TOC catch me, and what can they realistically do? Maybe on that one instance nothing, but someone who does that on a regular basis will get caught and then they will have very little sympathy from me.
Only in the railways will a customer be called a thief for paying for something surplus to their requirements. I accept that it is how you are trained to deal with things, but it is wrong.
 

thefab444

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Southampton - Brighton via Clapham Junction is a Permitted Route using maps LB+WX in the current (30 November 2009) version of the National Routeing Guide. So it is perfectly valid, and fully in accordance with the rules, to start, finish or break a journey at Clapham Junction on either of the tickets above.

Brilliant, thanks for clearing that up. Shame the tickets don't operate the barriers at Clapham, but that's another story. :roll:

It's definately worthwhile buying a SOU - BTN and TC from CLJ rather than a full SOU - ZONES ticket, even if it does limit the journey to and from London to trains that stop at Clapham (or you have to change at Woking).
 

John @ home

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Travelling Short is still not allowed on those tickets, technically. However the fact that they allow Break Of Journey means this is totally unenforceable.
I don't agree. We debated the National Conditions of Carriage in another thread recently. The relevant part is:
National Conditions of Carriage said:
C. USE OF TICKETS
16. Starting, breaking or ending a journey at intermediate stations
You may start, or break and resume, a journey (in either direction in the case of a return ticket) at any intermediate station, as long as the ticket you hold is valid for the trains you want to use. You may also end your journey (in either direction in the case of a return ticket) before the destination shown on the ticket. However, these rights may not apply to some types of tickets for which a break of journey is prohibited, in which case the relevant Train Companies will make this clear in their notices and other publications.
http://www.nationalrail.co.uk/system/galleries/download/misc/NRCOC.pdf
This shows that the right to start, or break and resume, a journey ... at any intermediate station is only restricted for some types of tickets for which a break of journey is prohibited. With a Southapton Central - Brighton route Not London SDR or CDR, break of journey on either or both legs is allowed. Therefore starting, breaking or ending a journey at intermediate stations is allowed.
 

Helvellyn

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Only in the railways will a customer be called a thief for paying for something surplus to their requirements. I accept that it is how you are trained to deal with things, but it is wrong.

No, I have not called any passenger a thief. Theft is something you receive a conviction for. It is not for me to say someone is a thief. My post was talking about someone thinking it is okay to use Sandwich Tickets, because the chances of getting caught - in their view - are so low. If they are caught, reported and taken to court, then a successful prosecution would be for Fare Evasion under the Regulation of Railways Act 1889.
 

Old Timer

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Travelling Short is still not allowed on those tickets, technically. However the fact that they allow Break Of Journey means this is totally unenforceable..
The Megatrain site quite clearly states the tickets are not allowed to be used to any other station, even for a break of journey.

They are issued in accordance with Megatrain's terms and conditions, which in turn are in accordance with nthe NCoC.

As someone pointed ouit these NCoCs were re-written after the OFT got involved and written with their approval, so they are more than enforcable. I suggest to prove this you call at any Solicitors or Citizens Advice Bureau, where you will get 30 minutes free consultation. You could also call ATOC and tell them that Megatrain's ticket conditions are unenforcable.

Do let us nknow how you get on ?

Only in the railways will a customer be called a thief for paying for something surplus to their requirements. I accept that it is how you are trained to deal with things, but it is wrong.
Really ?

You have accepted several times that what you propose is outside the terms and conditions and your whole reason for posting the question was to see if you could get away without paying what is the correct fare for your journey to Thetford. Now I would call that dishonest, as would many people.

If you were not seeking to gain pecuniary advantage you would have bought the tickets for the actual journey you ARE making, not trying to work the system to your personal advantage.

As to surplus, how can there be a surplus when the journey is undertaken to Norwich ? The answer is that there can never be a surplus if the ticket is used correctly and in accordance with the terms and conditions of issue which you AGREED to at the time of purchase. There was no compunction to have bought these tickets, indeed they are the wrong tickets for your journey.

There can only be a surplus if the ticket is used outside the terms and conditions.
 

WillPS

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The Megatrain site quite clearly states the tickets are not allowed to be used to any other station, even for a break of journey.

They are issued in accordance with Megatrain's terms and conditions, which in turn are in accordance with nthe NCoC.

As someone pointed ouit these NCoCs were re-written after the OFT got involved and written with their approval, so they are more than enforcable. I suggest to prove this you call at any Solicitors or Citizens Advice Bureau, where you will get 30 minutes free consultation. You could also call ATOC and tell them that Megatrain's ticket conditions are unenforcable.

Do let us nknow how you get on ?

Really ?

You have accepted several times that what you propose is outside the terms and conditions and your whole reason for posting the question was to see if you could get away without paying what is the correct fare for your journey to Thetford. Now I would call that dishonest, as would many people.

If you were not seeking to gain pecuniary advantage you would have bought the tickets for the actual journey you ARE making, not trying to work the system to your personal advantage.

As to surplus, how can there be a surplus when the journey is undertaken to Norwich ? The answer is that there can never be a surplus if the ticket is used correctly and in accordance with the terms and conditions of issue which you AGREED to at the time of purchase. There was no compunction to have bought these tickets, indeed they are the wrong tickets for your journey.

There can only be a surplus if the ticket is used outside the terms and conditions.

Enough jabber about the T&C, we've well and truly covered that I feel.

Seeking to gain pecuniary advantage is a strange way of saying I got more because it was cheaper - lets look at similar circumstances where customers seek to gain pecuniary advantage:
I order a bargain hotel rate which only works for 5 night stays, but then check out after 4th night - no problem!

I buy a pack of 3 pencils when I only need 2 because it works out more economic - no problem!

I buy a pack of 2 DVDs because the single DVD I want is more expensive than the double pack, even though the other DVD doesn't interest me at all - no problem!

I order 2 Pizzas from a take away because it's the same price for 2 as it is for 1 - no problem!

I get on a bus from Sheffield, pay £1.50 for full journey promo ticket to the terminus, but then get off in Nether Edge, a trip which usually costs £1.80 - no problem!

I buy a Megatrain ticket to Norwich because it's half the price of a ticket to the previous station call - CRIMINAL.

Forget about the NCoC and the Megatrain T&Cs for a second if you can, and think about how on earth that is fair, and any other possible examples you can think of where a similar penalty is applied?
 

Old Timer

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No the basis of my arguement is that this T&C is totally unenforceable, so their is no point in it existing in the first place. Most other things in the NCoC are enforceable.
Your opinion NOT fact. You are now suggesting that the NCoCs rewritten to comply with the OFT are unenforcable ? Therefore fare evasion can not be dealt with ?

The T&C can be easily enforced, and indeed would be, by an RPI at Thetford, were one to be there at the material time.

If a law can't be enforced there is no point in it existing.
Murder is a crime but unenforcable, because people get murdered all the time. Therefore on that basis we should repeal the Law ?

Similarly burglary is unenforcable as well then.

It is breaking T&C's - not the law big difference. Don't see why you feel I should seek a legal opinion, anyone with a valid ticket on the train & station they are using will not get done for fare evasion. If I had done it myself I would sleep very soundly, however I would have gone for the Ely - Thetford ticket it is cheaper :lol:
.
The T&Cs form part of the Contract when purchasing the ticket. If you break the Contract you are in breach. If you break the T&Cs you are in breach of Contract. In the Commercial world, the remedy would be to go to the Civil Court and recover damages. As I explained earlier the relationship with railway tickets is enforced through Criminal not Civil Law.


I am glad old timer that you never do anything illegal, at least there is one decent human in the world.<D.
Everyone does things that are illegal, either to a lesser or greater extent of quantum. I regularly criticise the Lisbon "Treaty". This is a Criminal Offence uunder EU Legislation.

The difference is that I would NOT steal or evade paying the correct fare. You can argue that I am being moralistic. That was the way I was brought up, and my children were brought up. I definitely sleep well at night. If you view fare evasion as somehow being acceptable then that is a very strange position for a railway employee to take I have to say.


I never have disputed that the it breaks the T&C's but the simple fact is it is impossible to enforce. How I look at it is that if stagecoach are that bothered about it they need to withdraw the ticket, as people will continue doing it as it is so easy..
Stagecoach are not losing money. They have been paid for a service they have provided. Why do you think there is a restriction on use shown on the Megatrain website ? It is to protect the revenue to other stations.

As for enforcability, I have already answered that one above.

BTW just imagine how different the would would be now if we didn't fight for things we believe in, we would all be paying poll tax now. Stagecoach may even change the T&C if they realise it isn't working, stranger things have happened. Big companies tend to bully customers, I did take BA to court once an won by fighting an unfair T&C (which I agreed to during booking), I am glad I did so I know that just because a big company thinks they can bully people the court sometimes takes the little persons side.
How can anyone be bullied ? The ticket was freely purchased.

The T&Cs are perfectly acceptable for someone travelling to Norwich. They are not however for soemone travelling to Thetford. But then again that was the whole point of the T&Cs wasn't it. Indeed Megatrain even explain this on the website :roll::roll:

So simply becuase Megatrain are offering an incredibly low fare but imposing conditions as to how it is used, this is bullying ? It is also unfair ???

Oh PLEASE :roll::roll::roll:


. BTW just imagine how different the would would be now if we didn't fight for things we believe in, we would all be paying poll tax now. .
Oh how noble. The old lady existing on a small pension will be so glad to be paying the same amount of Council Tax as a household of six or seven, or indeed as a Millionaire :roll:

The poll tax was an attempt at fairness in that those who used more of a Local Authorities services paid proportionally.

It was intersting that those who shouted loudest were those who never actually PAID rates in any case (and never would do because so many were on benefits and would have been exempt anyway), aided and abetted by those who were quite happy for the rest of us to pay higher rates in order to subsidse their lifestyles.
 

DaveNewcastle

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Forget about the NCoC and the Megatrain T&Cs for a second if you can, and think about how on earth that is fair, and any other possible examples you can think of where a similar penalty is applied?
Sorry Will, but your comparisons aren't what they seem to be - they're not comparable.
As has been made very clear on here, the MegaTrain service is a contract.
So your comparisons must be with other contracts.
An example:- You agree a price with a plasterer to plaster a wall - you both agree to the job and the price IN ADVANCE and you both expect each other to honour that contract.
Another example:- A shipping company agrees to transport your cargo from A to B for a certain price - you both agree to the job and the price IN ADVANCE and you both expect each other to honour that contract.
Your comparisons should be with other examples of honouring or dishonouring the terms of contracts which two parties willingly agree to.

To pick one of your examples at random - the twin DVD set for the price of one where you don't actually want one of the 2 discs - the correct comparison would be where a buyer and a seller both agree to a contract in which one party will supply a pack of two discs and the other party will pay a price. Then, AFTER agreeing to the contract, one party under-performs. Perhaps the seller only supplies one of the 2 discs or perhaps the buyer only pays part of the price. NOW you have a comparison with a megatrain ticket and a passenger!

I said above that I'm not offering an opinion on the actual query, but please keep the comparisons relevant (so that we can all appreciate the arguments better)! And please don't confuse your sense of "fairness" with the "performance" of the two parties in honouring their committments to the contract. Thanks
 
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Old Timer

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Seeking to gain pecuniary advantage is a strange way of saying I got more because it was cheaper - lets look at similar circumstances where customers seek to gain pecuniary advantage:

I order a bargain hotel rate which only works for 5 night stays, but then check out after 4th night - no problem!
There has been no LOSS to the hotel, only a loss to you. No comparison.

I buy a pack of 3 pencils when I only need 2 because it works out more economic - no problem!

I buy a pack of 2 DVDs because the single DVD I want is more expensive than the double pack, even though the other DVD doesn't interest me at all - no problem!

I order 2 Pizzas from a take away because it's the same price for 2 as it is for 1 - no problem!
Again WHO has lost ? Only YOU, not the supplier because they have been paid the money they wanted.


I get on a bus from Sheffield, pay £1.50 for full journey promo ticket to the terminus, but then get off in Nether Edge, a trip which usually costs £1.80 - no problem!
Indeed. Further comment is uneccessary at this juncture


I buy a Megatrain ticket to Norwich because it's half the price of a ticket to the previous station call - CRIMINAL.
As has been shown time after time in this topic there HAS been a quantifiable loss to EMT. Furthermore that loss occurs as a result of premeditated dishonesty. Sucjh matters are covered by Section 2 of the Theft Act 1978.

Forget about the NCoC and the Megatrain T&Cs for a second if you can, and think about how on earth that is fair, and any other possible examples you can think of where a similar penalty is applied?
Well here are some questions for you.

1) My niece saves all her money (coins) until she has enough for an expensive doll. We go to the sdhop and the sales assistant refuses to accept the cash. Coinage is legal tender and there is a legal obligation upon the shop to accept legal tender. They still refused to sell the doll unless the transaction was completed in notes. Comments ? Legal Fair ? Can I get compensation by going to the media and claim bullying ? You tell me.

2) I bought a remington shaver about five weeks ago. I discovered that the foil on the shaver had worn through. The shaver is in effect unusable, i. e. not fit for purpose ? The high st shop refused to exchange or refund my money Comments ? Legal Fair ?

3) A person buys an item from a shop. They decide that they don't like it and return it unopened and obviously unused. They have a receipt and there is no dispute that the article was purchased from the shop. The shop refuse absolutely to refund the item Comments ? Legal ? Fair ?

4) A large company advertises an item for sale on the internet at a much reduced price. The local shop branch refuses to honour the price and will only sell you the item at the price displayed in the shop. Comments ? Legal ? Fair ?

5) Another Company offers a refund LESS 10% restocking fee. A person buys an item but returns it within a day. They are charged the 10% restocking fee even though new stock has not been ordered. Comemnts ? Legal ? Fair ??

6) You see an item in a shop with the price much reduced. You go to the payment desk and the cashier declines the advertised price and insists you pay a much higher price. Comments ? legal ? Fair ?

7) You are working on a Contract for an obnoxious Client/customer who is working to the letter of the Contract rigidly and giving you immense trouble. In doing the job you realise that they have mis-specified the work and that what they are getting is wrong and it will have to be done again. You decide "tough" and continue doing the work The Client refuses to pay you when they find out eventually that THEY have incorrectly specified the work. You have completed the work which was Contracted. Comments Legal ? Fair ?
 

thefab444

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The difference is that I would NOT steal or evade paying the correct fare. You can argue that I am being moralistic. That was the way I was brought up, and my children were brought up. I definitely sleep well at night. If you view fare evasion as somehow being acceptable then that is a very strange position for a railway employee to take I have to say.

I sleep perfectly fine too, knowing I've got an extra £10 in my wallet that I haven't wasted needlessly.

Anyway, you've got legal fare evasion, in the form of a railway PRIV I assume? :lol:
 

Old Timer

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I sleep perfectly fine too, knowing I've got an extra £10 in my wallet that I haven't wasted needlessly.
Thank you for that demonstration of your moral values. Remind me to be careful when and your family you are around.

Anyway, you've got legal fare evasion, in the form of a railway PRIV I assume? :lol:
Which means what ?
My daughter has a discount card from where she works. Is this dishonest as well ?

My neighbour gets a Company Car, although he has no need to travel for his work, simply in order for his employer to circumvent the tax laws. Dishonest ?

Restaurants provide free food to their staff which I presume to pay for though the bill. Dishonest ?
 

WillPS

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There has been no LOSS to the hotel, only a loss to you. No comparison.
But the whole purpose of the offer is to fill up rooms which would normally be left empty, like Megatrain. Hotels regularly put these sort of offers out and hope you'll use the hotel's facilities and get them a bit of revenue that way.

Make it more like Megatrain if you like, imagine the offer was sold by InterContinental Hotels on their Green Room site on behalf of Holiday Inn Express. Revenue goes directly to ICHG.


Again WHO has lost ? Only YOU, not the supplier because they have been paid the money they wanted.
Take the pencils example, I've not lost, 2 pencils singularly would have cost 50p, but a pack of 3 was 40p. I've not lost out, I've saved money.


Indeed. Further comment is uneccessary at this juncture
First occasionally run offers where the journey from Sheffield (A) to the terminus (C) is £1.50. The ticket to my stop, B, is priced at £1.60, but if I ask for a ticket to point C and get off at point B there is no problem.

----------

1) My niece saves all her money (coins) until she has enough for an expensive doll. We go to the sdhop and the sales assistant refuses to accept the cash. Coinage is legal tender and there is a legal obligation upon the shop to accept legal tender. They still refused to sell the doll unless the transaction was completed in notes. Comments ? Legal Fair ? Can I get compensation by going to the media and claim bullying ? You tell me.
Technically illegal because the Bank of England sets maximum amounts of silver and copper that can be tendered to constitute Legal Tender. However, having worked in a toy shop I can tell you that if I didn't count those pennies I'd be in trouble, for the very reason you stated!

Illegal but in this case, fair enough.

2) I bought a remington shaver about five weeks ago. I discovered that the foil on the shaver had worn through. The shaver is in effect unusable, i. e. not fit for purpose ? The high st shop refused to exchange or refund my money Comments ? Legal Fair ?
The goods were faulty, you deserve a refund under the Sale of Goods Act.... so both unfair and illegal.

3) A person buys an item from a shop. They decide that they don't like it and return it unopened and obviously unused. They have a receipt and there is no dispute that the article was purchased from the shop. The shop refuse absolutely to refund the item Comments ? Legal ? Fair ?
Unless you buy through mail order, there is no legal right to a refund, but as long as the item was in sellable condition I see no reason why you would not fairly be offered a refund; Legal but unfair.

4) A large company advertises an item for sale on the internet at a much reduced price. The local shop branch refuses to honour the price and will only sell you the item at the price displayed in the shop. Comments ? Legal ? Fair ?
Annoying, but part of the course most of the time. The retailer should make it clear online that it is an online only price... so depending on that fair and legal.

5) Another Company offers a refund LESS 10% restocking fee. A person buys an item but returns it within a day. They are charged the 10% restocking fee even though new stock has not been ordered. Comemnts ? Legal ? Fair ??
If it's mail order, then illegal and unfair - Distance Selling laws apply. In a shop, see above but I'd certainly say Unfair in either case.

6) You see an item in a shop with the price much reduced. You go to the payment desk and the cashier declines the advertised price and insists you pay a much higher price. Comments ? legal ? Fair ?
They must put the price down to the advertised price or remove it from sale until the next working day, with an apology or explanation to make it fair. Otherwise it's illegal and unfair.

7) You are working on a Contract for an obnoxious Client/customer who is working to the letter of the Contract rigidly and giving you immense trouble. In doing the job you realise that they have mis-specified the work and that what they are getting is wrong and it will have to be done again. You decide "tough" and continue doing the work The Client refuses to pay you when they find out eventually that THEY have incorrectly specified the work. You have completed the work which was Contracted. Comments Legal ? Fair ?
Breach of contract, illegal and unfair.


Your evaluation?
 

thefab444

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Ah so you are a PRIV then. No wonder you are in favour of pax paying the highest fare possible... to ensure that you keep your massive discount! :roll:

So you're suggesting, if I want to go to London before 9am, I should pay £35.50 instead of £14.85, even though the £14.85 is perfectly valid INCLUDING break of journey.

I suppose, with a PRIV, I could do it for £13 the legal way, or £5.65 the (suppoesdly) "illegal" way. :p
 

Old Timer

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Ah so you are a PRIV then. No wonder you are in favour of pax paying the highest fare possible... to ensure that you keep your massive discount! :roll:

So you're suggesting, if I want to go to London before 9am, I should pay £35.50 instead of £14.85, even though the £14.85 is perfectly valid INCLUDING break of journey.

I suppose, with a PRIV, I could do it for £13 the legal way, or £5.65 the (suppoesdly) "illegal" way. :p
Your Priv comment is totally disingenous because (a) It was a part of the Railway remuneration in that you got a lower salary but "free" travel, (b) the provision is taxable whether used or not, (c) many fares are indeed cheaper than a Priv ticket these days anyway, (d) there are many restrictions upon their use, and (e) many railway jobs do not give adequate time for the facility to be used.

Many people have Company cars and are taxed for the need to have them as well as having a priv.

What I have suggested and ONLY ever suggested is that the correct fare for the journey this undertaken, and that the journey is undertaken in compliance with the T&Cs. What you pay is irrelevant to me as long as it is in compliance with the NCoC.

If you have a problem with honouring T&Cs that again is one for your own conscience.
 

EltonRoad

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I cannot believe how long this debate is going on for. It does seem perfectly clear to me that the Megatrain ticket is valid only to Norwich. It isn't valid for getting off at Thetford. End of discussion. There's no point blathering about whether it's further to Norwich or whatever, it simply isn't valid to use it to Thetford, end of.

Those comparisons about hotel stays or DVDs are totally irrelevant, and, as Old Timer says, the only loss is to you.

It doesn't matter whether you think it should be valid to Thetford (for whatever reason), the fact is it isn't, and you will just have to accept it. Now please just drop it!!
 

yorkie

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Sorry Will, but your comparisons aren't what they seem to be - they're not comparable.
As has been made very clear on here, the MegaTrain service is a contract.
So your comparisons must be with other contracts.
An example:- You agree a price with a plasterer to plaster a wall - you both agree to the job and the price IN ADVANCE and you both expect each other to honour that contract..
OK, let's use that example. if you specify a certain dimension and get a quote for it, and then enter a contract, if the room is SMALLER, you'd not expect to get a refund but you may do as a gesture of goodwill. But would you expect to be charged MORE? Would any plasterer be able to charge more money and threaten to take you to court, if you asked them to do slightly less plastering than contracted?
I cannot believe how long this debate is going on for. It does seem perfectly clear to me that the Megatrain ticket is valid only to Norwich. It isn't valid for getting off at Thetford. End of discussion.
That never was the discussion. It's about how enforceable it is (it isn't), and what the consequences can be for doing it.

The supporters of Megatrain type ticket that penalise smaller stations must have loved Beeching!
 

90019

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OK, let's use that example. if you specify a certain dimension and get a quote for it, and then enter a contract, if the room is SMALLER, you'd not expect to get a refund but you may do as a gesture of goodwill. But would you expect to be charged MORE? Would any plasterer be able to charge more money and threaten to take you to court, if you asked them to do slightly less plastering than contracted?

But if you got a deal that was a much lower price per square metre, but that was only available to a specific size of room then got them to do a smaller room size, would you expect to still pay the lower price?
 

DaveNewcastle

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OK, let's use that example. if you specify a certain dimension and get a quote for it, and then enter a contract, if the room is SMALLER, you'd not expect to get a refund but you may do as a gesture of goodwill. But would you expect to be charged MORE? Would any plasterer be able to charge more money and threaten to take you to court, if you asked them to do slightly less plastering than contracted?
(Hope you're not asking me for legal advice on here!)
In this example we can assume that it is a simple contract which doesn't include terms specifically anticipating a variation to the agreement. In that case then I would say that the contractor is not performing the contracted task and the contract is void. In practice, we might expect the contractor to measure the job in advance and therefore have the opportunity to re-negotiate a new contract before getting to this point!
Your question suggests that they did not, in which case they would be quite at liberty to propose a different price for the different job, after "performing" the task. However, the homeowner is also stuck with a void contract, and is equally at liberty to propose a different price after the event. Both parties are now negotiating after "performance" so it isn't a contract.
Remember - a contract is an agreement made in advance of either party "performing" their part of the contracted action.
The term used to descriube the situation where one party has relied on the other party's performance and then found that the other party will fail to complete is "estoppel". In general, where either party fails to fulfill their obligations (whether plastering or travelling) then there is a breach of contract.
A well written contract will anticipate most of the likely failures and will propose remedies, to minimise problems later, but these simply become additional terms to the contract. They are either predetermined and agreed to, or they're not, in which case some negotiation or arbitration might be required to reach agreement.

I wanted to help to keep this thread on track, so that others could reach an informed decision by avoiding innapropriate comparisons. I do not want to be drawn into giving advice in law and I cannot; but I could remind you that there are a few well informed UK law fora on the 'net and some there might be intrigued to pick up the OP's question which does raise an unusual breach of contract.
 

Helvellyn

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The supporters of Megatrain type ticket that penalise smaller stations must have loved Beeching!

But the whole point of megatrain tickets are that they are only available for specific point-to-point journeys on popular flows! It has been derived from the megabus concept, indeed is designed to complement it (e.g. no megabus services run between Portsmouth and London).

A passenger travelling from Y to Z on megabus has no right to expect the megabus Driver to stop somewhere on route and drop them off, because it's convenient to them. As megatrain works in the same way, why should someone travelling from A to B expect to be able to just alight at C and consider it okay?

This type of ticket (megatrain) did not exist under BR. It's something that has been introduced for a specific reason, and a specific market. It's not about penalising smaller stations - it's just not intended to cater for those sort of markets! You couldn't get AP tickets from Portsmouth to London on SWT before Stagecoach launches megatrain services. Now that they have, does that give someone travelling from Rowlands Castle the right to claim it's unfair it's not offered from there?


If enough people abuse these tickets in this way, to the detriment to Stagecoach's rail franchises, it would not surprise me if they just withdrew the megatrain tickets altogether. Then the complaints on here would be about how unfair Stagecoach were withdrawing their £1 fares!
 

313103

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Ah so you are a PRIV then. No wonder you are in favour of pax paying the highest fare possible... to ensure that you keep your massive discount! :roll:

So you're suggesting, if I want to go to London before 9am, I should pay £35.50 instead of £14.85, even though the £14.85 is perfectly valid INCLUDING break of journey.

I suppose, with a PRIV, I could do it for £13 the legal way, or £5.65 the (suppoesdly) "illegal" way. :p

Actualy i have a priv pass as well, and do you know that the discount is not based on the cheapest fare availiable, it is based on the standard open ticket. So in most cases it is actually cheaper for me to buy an advance ticket with all the restrictions they have. So if i do use my priv my fare would be dearer then yours, and you call it discount. So what your saying is that railway staff must pay the higher fare.

I am sure that going back to the original poster that by him using megetrain fare is cheaper then the priv fare that i would have to pay.

Am i right or am i still missing something?
 

thefab444

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No idea how a PRV works I'm afraid, just whacked it in to Avantix (wonderful bit of software that I'm not allowed to use for free according to the PRV Mafia on here).

The comments about PRVs were directed at Old Timer though.
 

Helvellyn

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Well I must be going to hell in a handcart! I get free travel on SWT because they are my employer, but also on EMT because they are a sister company. Look at the fare evasion I committed yesterday because I travelled to and from London without paying anything but the price of my cup of coffee on the train (and that money went to Rail Gourmet).
--- old post above --- --- new post below ---
No idea how a PRV works I'm afraid, just whacked it in to Avantix (wonderful bit of software that I'm not allowed to use for free according to the PRV Mafia on here).

Well if you didn't buy it have you got a licence from ATOS Origin, the owners of the Avantix Traveller software? They are ultimately the ones who don't allow it be given away for free to all and everyone, not anyone else!
 

thefab444

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Oh god here we go, I'm going to say they put it up on their own website for download, but you'll say "You still need a licence". :)

To be fully truthful, the one I have was posted on here IIRC.
 
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