221129
Established Member
No not really.I suppose in simple terms, the Trust is analogous to Network Rail and the plc to a TOC, yes? (even if the track access fee is £0)
No not really.I suppose in simple terms, the Trust is analogous to Network Rail and the plc to a TOC, yes? (even if the track access fee is £0)
West Somerset?South Tynedale Railway are (or were) in a similar dire financial position.
West Somerset?
There are strong rumours ref aboveWest Somerset?
Indeed.South Tynedale Railway are (or were) in a similar dire financial position.
Hopefully it will be saved and back up and running, I have been Llangollen a fair few times and always enjoy it, I rather like The Grouse Inn pub at Carrog, good food and good beer and nice views from the outside seating.
Given Llangollen is a tourist honeypot, I can't really envisage a scenario where the railway would disappear, even in the current times.
I think this trading method is standard for any sort of museum type body or charity that you purchase things from - next time you buy something in a gift shop at such places look at your receipt, I suspect even things like bird seed orders from the RSPB shop works this way for example.Indeed.
The South Tynedale seem to have been somewhat noorty in how they responded though.
The story I have had (from a reputable source) is that they decided that their suppliers were contracted to the shop/trading company rather than the railway and then they put the shop/trading company into liquidation. As the shop/trading company had no assets, the suppliers will be left with nothing. (Of course any govt grants would have been made to the railway so they kept those).
I know someone who works with one of the suppliers stung that way. They have had the paperwork from the liquidator and wondered if it was worth suing STR for breach of contract as all their paperwork and contract info indicates that it was the railway society they were contracted to not the shop/trading company. Not sure where that is, most likely they decided the amount in question wasn't worth the hassle given the clogged courts. But they won't be supplying STR again, indeed I expect that they will be checking very carefully the status of ANY Heritage body they deal with now.
Is this the sort of Heritage railway management that should be surviving one asks? Whilst it's (probably just about) legal, it's certainly reprehensible.
TPO
Indeed.
The South Tynedale seem to have been somewhat noorty in how they responded though.
The story I have had (from a reputable source) is that they decided that their suppliers were contracted to the shop/trading company rather than the railway and then they put the shop/trading company into liquidation. As the shop/trading company had no assets, the suppliers will be left with nothing. (Of course any govt grants would have been made to the railway so they kept those).
I know someone who works with one of the suppliers stung that way. They have had the paperwork from the liquidator and wondered if it was worth suing STR for breach of contract as all their paperwork and contract info indicates that it was the railway society they were contracted to not the shop/trading company. Not sure where that is, most likely they decided the amount in question wasn't worth the hassle given the clogged courts. But they won't be supplying STR again, indeed I expect that they will be checking very carefully the status of ANY Heritage body they deal with now.
Is this the sort of Heritage railway management that should be surviving one asks? Whilst it's (probably just about) legal, it's certainly reprehensible.
TPO
Without commenting on events in Alston, there's a significant difference between what you describe, and the structures in many preservation organisations. What you describe is where someone structured matters to protect themselves to the disadvantage of others, in what was at best an unethical manner. The structure at many preserved railways is declared up front, and it's open to any supplier (or indeed customer, given the issues with the contracting arm are what appear to have precipitated the collapse) to look at the structure to assess their creditworthiness. That does not condone sharp practice like loading debts on the insolvent part of an organisation, and shielding the solvent part.Unfortunately this is the way big businesses appear to operate these days. I recall a consumer programme on TV once stating it was known as "change the name and do the same". I once had shares in a brewing company which became insolvent. The two directors put the company into liquidation, therefore zilch for shareholders and creditors, but then bought the business back privately from the receivers cheaply and obviously the debt had been wiped.
Unfortunately this is the way big businesses appear to operate these days. I recall a consumer programme on TV once stating it was known as "change the name and do the same". I once had shares in a brewing company which became insolvent. The two directors put the company into liquidation, therefore zilch for shareholders and creditors, but then bought the business back privately from the receivers cheaply and obviously the debt had been wiped.
I think this trading method is standard for any sort of museum type body or charity that you purchase things from - next time you buy something in a gift shop at such places look at your receipt, I suspect even things like bird seed orders from the RSPB shop works this way for example.
I would argue that it is absolutely vital way of protecting heritage assets from unpredictable things in your trading business. After all, isn't this what happened to Flying Scotsman on its US tour? Loco was at risk due to debts run up by the then owner, despite his best efforts...(probably all a bit different as the issue was under US law not UK law I guess, but the general point would seem valid).
Covid being a big risk issue but imagine something as daft as a shop manager or even volunteer over ordering perishable stock that could not be sold and gets thrown away, and then you having to sell an item from your museum (even just say an enamel station name board) to meet the debt. You would not want to be in that sit'n - and a small heritage railway might be all volunteer run with people in positions where they could make such errors if not suitably experienced or supervised.
I can imagine that a supplier would see the actions you describe as bad faith (I would) but they too would be being naïve if they supplied a heritage railway and thought - 'oh look, they have all these expensive trains they must be a sound business to deal with'. Some would say they would not have done due diligence before supplying items on credit to said railway.
Having said that of course I realize small suppliers will be as up against it as their customers and even more so in these times so it is not great at all. But I'm assuming South Tynedale, in that example, didn't just call in the liquidator for the heck of it - as if nothing else, they will find out that they will never get offered goods on credit to their shop etc in future - it will be 'cash up front please' in future, making life more difficult for them to run the operation. STR paperwork and orders ought to be absolutely clear who the order is placed by though, or they are indeed jeopardizing their collection in the event of supplier suing for what they are owed.
Fully understand your line of thinking. But it's down to charitable status and charity law - which to my mind is very broad and generous in the way it allows things to be in this country. And if you do business with a charity's trading arm you need to be aware of what you are dealing with.Whilst I don't disagree that such a structure can help to protect the assets of an organisation, equally it's not there to be abused like this. And I'm in no doubt from what I was shown that the STR abused this. Morally the Board that did this is reprehensible and yes I think the same way about any business that behaves like this. It's too easy a mechanism to abuse, and why should their assets be protected? What makes them so special?
Heritage railways are fundamentally businesses- they take money from the public to fund their hobby- and as such screwing their suppliers is as much reprehensible behaviour when they do it as when other companies do it. "Oh but we use volunteers" is not an excuse. If any railway had such competence issues with volunteer staff managing a shop then I would suggest they have no place carrying the public on their trains where the competence requirements are so much higher. Instead they should set up as a 12-inch to the foot model railway in a field and go fund their own hobby.
Also, in the case of STR the supplier I know was led to believe they were dealing with the railway trust which does have assets..... but got caught out in a situation which whilst techically legal is basically a scam. I have seen the paperwork and reckon they could sue for unpaid invoices as it's clear they were not informed that the entity they were trading with had changed, the stationary and written authority to supply (not a PO as such) didn't make it clear.
To be fair, I doubt the STR board fully realised the implications of what they were doing, probably just thought this was a simple way to make their debts go away so they could play with their trainset without interference. Doesn't excuse it though. I have seen too many volunteer committee types being oh so very clever and ignoring advice about finances, management, maintenance and so on right up until they face the consequences. (That's why for many years I have stayed away from any volunteer groups whether railway or otherwise- too many egos running them). I hope that they learn the consequences of their immoral actions the hard way. When you take on a role with a responsibility- volunteer or paid- you then have a duty to do it properly, you get the status so you need to get yourself competent.
I have come to the view that Heritage railways need some serious reform, should be on a similar footing to other businesses (i.e. it should be mandatory to be a limited company, CIC or PLC to run a passenger-carrying railway). You either have a proper company running the railway with volunteers in a supporters trust permitted to work on the railway according to the rules, or you do what the model flying lot do and fund your own hobby (I say model flyers as they comply with a lot of regulation, build their own aircraft at their own expense and some even have acquired their own small airfields).
TPO
Llangollen is a honeypot - but as quite a regular visitor I wonder how many visit spend money?
There always appears to be more "gongoozlers" rather than travellers at Llangollen Station than one sees at say Porthmadog or Tywyn.
Also over the past few years an number of hotels have gone in to liquidation in the area.
One is currently up for sale, or was when I passed a few weeks ago, there is another on the way into Llangollen on the A5 heading west which has never reopened and appears to be just a private house and of course Chainbridge at Berwyn closed for a while as the previous owners went into liquidation though it reopened quite quickly under new ownership and was appeared to do very well as they appear to have invested in it.
I get the feeling one has to be quite skilful to make money in that area - it is not as easily tapped perhaps as other locations.
Llangollen Railway has a lot of potential but I think it needs really skill full management to tap the tourist pound.
Personally I love the railway - it is the nearest GW heritage line to me here on Merseyside but it needs careful handling and I hope it comes through this well.
Llangollen is a honeypot - but as quite a regular visitor I wonder how many visit spend money?
There always appears to be more "gongoozlers" rather than travellers at Llangollen Station than one sees at say Porthmadog or Tywyn.
Also over the past few years an number of hotels have gone in to liquidation in the area.
One is currently up for sale, or was when I passed a few weeks ago, there is another on the way into Llangollen on the A5 heading west which has never reopened and appears to be just a private house and of course Chainbridge at Berwyn closed for a while as the previous owners went into liquidation though it reopened quite quickly under new ownership and was appeared to do very well as they appear to have invested in it.
I get the feeling one has to be quite skilful to make money in that area - it is not as easily tapped perhaps as other locations.
Llangollen Railway has a lot of potential but I think it needs really skill full management to tap the tourist pound.
Personally I love the railway - it is the nearest GW heritage line to me here on Merseyside but it needs careful handling and I hope it comes through this well.
A question;
Are there any other heritage lines in a financial bind,or is a one off special situation.?
My understanding (and if I am wrong then I would like someone to correct me) is that some of their contract engineering customers had issues with the quality of the work produced and asked for it to be remedied with Llangollen bearing the cost of the extra work (understandably) which has had a major impact on a) their profits and b) their ability to complete all their contracted work on time.In simple, more easy-to-understand, terms, what exactly has happened at the Llangollen, other of course than the cashflow drying up because of COVID-19?
If the paperwork stated the purchaser was the Trust then the Trust are liable. If the paperwork stated the purchaser was the Ltd company then the Trust are not liable. Presumably the paperwork indicated who should have been invoiced ?Whilst I don't disagree that such a structure can help to protect the assets of an organisation, equally it's not there to be abused like this. And I'm in no doubt from what I was shown that the STR abused this. Morally the Board that did this is reprehensible and yes I think the same way about any business that behaves like this. It's too easy a mechanism to abuse, and why should their assets be protected? What makes them so special?
Heritage railways are fundamentally businesses- they take money from the public to fund their hobby- and as such screwing their suppliers is as much reprehensible behaviour when they do it as when other companies do it. "Oh but we use volunteers" is not an excuse. If any railway had such competence issues with volunteer staff managing a shop then I would suggest they have no place carrying the public on their trains where the competence requirements are so much higher. Instead they should set up as a 12-inch to the foot model railway in a field and go fund their own hobby.
Also, in the case of STR the supplier I know was led to believe they were dealing with the railway trust which does have assets..... but got caught out in a situation which whilst techically legal is basically a scam. I have seen the paperwork and reckon they could sue for unpaid invoices as it's clear they were not informed that the entity they were trading with had changed, the stationary and written authority to supply (not a PO as such) didn't make it clear.
To be fair, I doubt the STR board fully realised the implications of what they were doing, probably just thought this was a simple way to make their debts go away so they could play with their trainset without interference. Doesn't excuse it though. I have seen too many volunteer committee types being oh so very clever and ignoring advice about finances, management, maintenance and so on right up until they face the consequences. (That's why for many years I have stayed away from any volunteer groups whether railway or otherwise- too many egos running them). I hope that they learn the consequences of their immoral actions the hard way. When you take on a role with a responsibility- volunteer or paid- you then have a duty to do it properly, you get the status so you need to get yourself competent.
I have come to the view that Heritage railways need some serious reform, should be on a similar footing to other businesses (i.e. it should be mandatory to be a limited company, CIC or PLC to run a passenger-carrying railway). You either have a proper company running the railway with volunteers in a supporters trust permitted to work on the railway according to the rules, or you do what the model flying lot do and fund your own hobby (I say model flyers as they comply with a lot of regulation, build their own aircraft at their own expense and some even have acquired their own small airfields).
TPO
You seem to confuse structure with competence; I've seen very well structured organisations fail due to incompetence, and I've seen bizarrely structured organisations thrive. I disagree fundamentally with your prescription, because it denies the reality of the regulations preserved railways have to comply with, and the significant efforts they go to to meet their obligations.Whilst I don't disagree that such a structure can help to protect the assets of an organisation, equally it's not there to be abused like this. And I'm in no doubt from what I was shown that the STR abused this. Morally the Board that did this is reprehensible and yes I think the same way about any business that behaves like this. It's too easy a mechanism to abuse, and why should their assets be protected? What makes them so special?
Heritage railways are fundamentally businesses- they take money from the public to fund their hobby- and as such screwing their suppliers is as much reprehensible behaviour when they do it as when other companies do it. "Oh but we use volunteers" is not an excuse. If any railway had such competence issues with volunteer staff managing a shop then I would suggest they have no place carrying the public on their trains where the competence requirements are so much higher. Instead they should set up as a 12-inch to the foot model railway in a field and go fund their own hobby.
Also, in the case of STR the supplier I know was led to believe they were dealing with the railway trust which does have assets..... but got caught out in a situation which whilst techically legal is basically a scam. I have seen the paperwork and reckon they could sue for unpaid invoices as it's clear they were not informed that the entity they were trading with had changed, the stationary and written authority to supply (not a PO as such) didn't make it clear.
To be fair, I doubt the STR board fully realised the implications of what they were doing, probably just thought this was a simple way to make their debts go away so they could play with their trainset without interference. Doesn't excuse it though. I have seen too many volunteer committee types being oh so very clever and ignoring advice about finances, management, maintenance and so on right up until they face the consequences. (That's why for many years I have stayed away from any volunteer groups whether railway or otherwise- too many egos running them). I hope that they learn the consequences of their immoral actions the hard way. When you take on a role with a responsibility- volunteer or paid- you then have a duty to do it properly, you get the status so you need to get yourself competent.
I have come to the view that Heritage railways need some serious reform, should be on a similar footing to other businesses (i.e. it should be mandatory to be a limited company, CIC or PLC to run a passenger-carrying railway). You either have a proper company running the railway with volunteers in a supporters trust permitted to work on the railway according to the rules, or you do what the model flying lot do and fund your own hobby (I say model flyers as they comply with a lot of regulation, build their own aircraft at their own expense and some even have acquired their own small airfields).
TPO
To be honest as somebody who has been involved with the railway preservation movement on the commercial side for some years and also as a trustee for approaching 10 years the situation you are suggesting sounds strange to me. Normally it should be apparent to suppliers exactly who they are dealing with, the invoices should be made out either the charitable trust or the trading company and the supplier should be paid from the bank account of that entity. At the railway Im involved in we have separate card machines and epos for the different identities. I can sell cross products but there has to be a cross company accounting move at the end of the day. All this should be audited by HMRC and the Charity Commissioners (if the company is charitable) as well as the accountants.Whilst I don't disagree that such a structure can help to protect the assets of an organisation, equally it's not there to be abused like this. And I'm in no doubt from what I was shown that the STR abused this. Morally the Board that did this is reprehensible and yes I think the same way about any business that behaves like this. It's too easy a mechanism to abuse, and why should their assets be protected? What makes them so special?
Heritage railways are fundamentally businesses- they take money from the public to fund their hobby- and as such screwing their suppliers is as much reprehensible behaviour when they do it as when other companies do it. "Oh but we use volunteers" is not an excuse. If any railway had such competence issues with volunteer staff managing a shop then I would suggest they have no place carrying the public on their trains where the competence requirements are so much higher. Instead they should set up as a 12-inch to the foot model railway in a field and go fund their own hobby.
Also, in the case of STR the supplier I know was led to believe they were dealing with the railway trust which does have assets..... but got caught out in a situation which whilst techically legal is basically a scam. I have seen the paperwork and reckon they could sue for unpaid invoices as it's clear they were not informed that the entity they were trading with had changed, the stationary and written authority to supply (not a PO as such) didn't make it clear.
To be fair, I doubt the STR board fully realised the implications of what they were doing, probably just thought this was a simple way to make their debts go away so they could play with their trainset without interference. Doesn't excuse it though. I have seen too many volunteer committee types being oh so very clever and ignoring advice about finances, management, maintenance and so on right up until they face the consequences. (That's why for many years I have stayed away from any volunteer groups whether railway or otherwise- too many egos running them). I hope that they learn the consequences of their immoral actions the hard way. When you take on a role with a responsibility- volunteer or paid- you then have a duty to do it properly, you get the status so you need to get yourself competent.
I have come to the view that Heritage railways need some serious reform, should be on a similar footing to other businesses (i.e. it should be mandatory to be a limited company, CIC or PLC to run a passenger-carrying railway). You either have a proper company running the railway with volunteers in a supporters trust permitted to work on the railway according to the rules, or you do what the model flying lot do and fund your own hobby (I say model flyers as they comply with a lot of regulation, build their own aircraft at their own expense and some even have acquired their own small airfields).
TPO
I have always tended to park at Carrog - it is free for a start and close to the trains.Very much agree with John over the situation in Llangollen. Last time I passed through, pre-Covid, the town has started to look very tired again and lots of shops looked like they were closing. The lack of decent hotels has resulted in the dropping off a coach parties staying and the poor parking hasn't helped with day trips, both by car and coach. The only time they seem to make any money is with the International Eisteddfod, cancelled last year and in doubt this year I understand.
And as for the railway, a couple of us did a trip up there 2 years ago and found it very unfriendly. We arrived just before 11 and were told that we couldn't have any bacon sandwiches as it was "lunch time" and then the crew of our train arrived and had the exact same things we'd asked for. Even worse was that no-one smiled or said please or thank you throughout our visit; not what we find on other railways.