So ticket A-B is a contract with TOC1 and ticket B-C is a contract with TOC2.
It is irrelevant if they are separate contracts or not. Your argument centres around the scenario of two separate TOCs being involved. So we'll have to examine that.
Condition 19 says you can use the tickets to travel from A-C via B, but it does not say that ticket A-B and ticket B-C become ticket A-C via B. TOC1 has no responsibility for ticket B-C and TOC2 has no responsibility for ticket A-B.
Now let us see that condition of use for the ticket again....
So by buying the ticket, you agreed to be at the departure station as shown on the ticket in good time. It is not TOC2's problem that you are late because your 'contract' with them is for travel from B. It's not TOC1's problem if you have missed the train from B, because their contract with you is finished when you reached B.
If it's the same TOC, then how can they deny responsibility? Of course you are going to go with the different TOC scenario so that you can use the old blame game tactic
, this is the only way to make it look like you cannot combine tickets for one journey. It doesn't stand up to scrutiny though.
And if you argue that one TOC can simply blame the other, then that is also the case with a through "and connections" ticket!
So this argument holds no water, and is just about what TOCs can theoretically say to weasel out of ANY delay on ANY ticket by blaming another TOC. This does not affect validity in any way.
So in basic terms, ticket A-B and ticket B-C are not the same contract, they are not ticket A-C via B.
Quote a source where it matters if they are "not the same contract"? It does not matter because either ticket states that you can continue your
journey if you are delayed.
So your only argument, unless you are ignoring that condition, is that two tickets do not count as one journey. This argument is clearly false and is at odds with NCoC.
With both tickets being advanced ticket they are only valid for the trains they are booked on
What, even in the event of delays?
the restrictions are quite clear on this subject when bying the tickets. So if the connection at Wolverhampton is missed then im sorry its goodnight sweetheart this is what we were told in our training (im an RPI)
Where does it say in the restrictions that if connections are missed the tickets are no longer valid? Is there is a top secret condition that I cannot find anywhere in NFM05 or the FRPP. This is a training issue.
Why can't the railway companies just clear this up?
Because they cannot rule that they are not liable as that would clearly be unlawful. However they do not want to freely admit that they are liable either. This way people who know their rights will continue to save money, while others are effectively bullied or scared into paying a lot more money. This means more money for the TOCs.
ATOC expect tickets to be honoured but refuse to issue guidance stating that.
HHF, I'm of the same opinion as you where the legalities of such a situation are concerned. However, I've encountered said situation a few times and taken the common sense approach on each occasion, so long as the customer had left the minimum connection time at point B. Indeed, on one such occasion, the customer had contacted Customer Services at Station B who had then suitably endorsed his ticket for journey B-C on the next available train.
So, in conclusion, I'd say it's at the discretion of the TM on the 2nd service - he/she is entitled to charge you the full SOS fare but if you explained the situation, you'd probably be ok.
I am glad that you take a common sense approach, however this is the correct approach too. You should be more confident that you are applying the rules correctly!
Furthermore, and apologies from a newbie if this question has already come up, but what if you split a ticket across the same TOC? Or, to bring an example of a trip that I possibly could do:
If I bought an advanced for Durham - Leeds with TransPennine, travelled Leeds-Preston, then had an advanced with TransPennine for Preston - Barrow-in-Furness, but was delayed on my first train from Durham, would they honour the Preston - BiF train on the basis that it was their delay which resulted in me missing my train? Would there be any difference if my Durham - Leeds advanced had been with CrossCountry?
It actually makes no difference, however the arguments by the likes of HHF hold no water when using the same TOC, as their entire argument centers around TOC B not being responsible for a delay by TOC A. I've already said why this argument is illogical anyway as you can get a through ticket valid on multiple TOCs so if the "We aren't responsible so you can't travel" argument is to be banded about it would affect people who are not splitting tickets.
I think the best course of action is to email CrossCountry customer relations, if they say 'No you have to buy a new ticket or pay an excess if you miss the train at Wolverhampton' then it's likely you'd be made to do that on the train.
I doubt it. On board staff are generally more likely to apply more common sense than people in call centres. The chances of being asked to pay again are very unlikely. If you approach the guard (not that I believe there is any obligation to do so) then there is even less chance of being asked to pay again. Call centres can give incorrect advice.
If they say 'Yes your ticket will be valid on the next service' then buy the tickets and print out the email and take it with you on the day.
Absolutely. It's worth a try just in case they issue that response.
I think if there's two separate tickets you probably may not be accepted on the next train if the next train is a peak train and the train on your ticket is for an off-peak train.
If combining walk-on tickets? That is probably best done as a separate debate! I believe the same rules would apply as if it was a through ticket, so if you were denied travel due to missing a legitimate connection you'd be entitled to compensation based on the delay at your destination, so if they made you wait in London for 3 hours I believe they may be able to do that but would have to compensate you accordingly. However they may have to let you travel, I am unsure on this point. More investigation is needed.
So why would Cross-country be responsible for a delay on a Virgin service? The railways are now separate companies all this talk of "the railway" is irrelevant, "the railway" went to the wall at privatisation!
If I get a Poppleton to London EC & Connections ticket and the Northern is late, that means EC are "not responsible" and can make me pay again, is that what you are saying?
If the first journey is delayed the responsibility is to get you to the destination, in this case Wolves, NCoC state "it is YOUR responsibility to get to your starting station in good time", so i read it (Yorkie doesn't) that YOU must get there as this is 2 separate journeys even if booked at the same time.
First journey? There is only one journey. You have not read the NCoC that states that "two or more tickets can be used for one journey".
I must say I am amazed at the idea that a TOC can deny responsibility for a train being delayed by another TOC and equally at the same time say it was the customers responsibility, not the other TOCs. I'd also like to know where in the NCoC it states that if your journey involves multiple TOCs, the TOCs can blame the customer?
Not really relevant because I can buy separate tickets with a connection time in negative numbers, it is up to YOU to ensure you have sufficient time for the connection.
Do you agree that the minimum connectional allowance should be used when planning connections, or is this deemed insufficient by you? If it is insufficient, please can you provide us with a list of what is sufficient, and also what the authoritativeness of the list would be.
If we cannot use the rail industry's own figures for connectional allowances then I am struggling to see what figure we should allow?
I do agree with Yorkie (yes honestly) on one thing that the whole ticketing issue needs throwing in the bin and start again with a blank sheet of paper.
Thanks!
But.... I'm not sure I actually believe that. However the way it's going it is getting worse all the time, and this suggestion makes more sense as time goes on. That said, I'd be opposed to any change if it wasn't in passengers' interests.
it all depends on the definition of "journey", now lets say I consider a "journey" is from my starting point (work) and my destination (home), so in that case if I miss the last bus because the train is late do they get me a taxi, um nope its my problem, so I define a railway journey as what is written on the ticket, if I have 2 tickets then that is 2 journeys.
If you buy 2 tickets FOR THE SAME TRAIN, then you will still be on the original train so no issue, but if you have 2 seperate journeys on 2 different trains then that can be a problem, its all a question of interpretation and it needs sorting.
This is a good post
I have highlighted in green what I agree with, and in red what I disagree with. In orange, is an issue which in theory sounds plausible but it is not unknown for trains that are heavily delayed to terminate short and be re-started e.g. XC at BHM. It's certainly an interesting scenario though.
Where I differ from Yorkie is that I wouldnt do it (unless good reason, my decision) for starting/finishing journeys short, being off route or if deemed to be passenger/customers own fault.
This is muddying the waters, but I am unsure what you mean. Again it may be best for another topic. Starting/finishing short, presumably you are referring only to AP tickets as this is perfectly fine with walk-on tickets? I think finishing short is a lot easier to justify, especially if the passenger is unwell or has had some bad news and has to change their plans, or if their lift is picking them up from another station, etc... Being off route, should be checked with the RG and if they are off route an excess should be issued if available, if not then new tickets for the part of the journey that is not covered by the original ticket. As for deemed to be passengers fault, I am not sure that I am disagreeing with you as if it is their fault clearly then I am not going to defend that, but we'd need to go into examples really as it's impossible to generalise.
Out of Curiousity, where is "one journey" defined? It doesn't appear under "Definitions" in the NCoC thats for sure! Perhaps I have missed it somewhere?
NCoC doesn't really define terms as such, but the crucial wording is that you "can combine two or more tickets for one journey". That does not mean you have to, but it is an option you have.
To be honest, it is unlikely that even if the connection (or move) did go down the pan, that with a little explanation the Train Manager would let you on the next available wouldn't let you on, no matter what the legal gibber!
Agreed!
One thing that I do if in doubt, is get the TM of the offending service to endorse your ticket....
While I do not believe there is an
obligation to do this, this is very sound advice, and if it is not possible (or the TM refuses) then it may be possible to do this at the interchange station, again I'd recommend it if possible and practicable to do so.
what if you split your advance tickets but you are on the same train? Can it be argued that's two jounreys, even though you never get off?
It clearly cannot be argued that way. Anyone doing so would not have a leg to stand on.
Incidentally, I would have advised that you would have to buy a new ticket before reading the previous threads on this subject. I have been convinced by Yorkie's cogent arguments and reasoning. One thing I do agree with, though, is that this point should be clarified once and for all by ATOC, so that everyone knows where they stand, customers and staff!
Thanks
And I've tried, but they won't do it. I also found out the number of occasions that Passenger Focus had this type of complaint made to them, and IIRC it was a very small number, something like 7 cases in a year rings a bell. Of those, I believe they were able to get the tickets refunded for the passenger in all but a small number of cases (2?), it was not possible to find out exactly why those cases failed but it is likely that insufficient time was allowed to change trains (ie not adhering to the connectional allowance).
Is it a big issue? I'm assured that it isn't - if you measure it in terms of how many customers are actually chinged. But I believe it is if you measure it in terms of how many customers are put off splitting and buy more expensive tickets. This can be a LOT more expensive in the case of a journey like Poppleton to Manchester where no AP fare exists...
the very fact we're discussing it shows it's far from black and white, and basically it's up to you whether you risk it.
Well I agree with that, if there was clarity....
Where is there a lack of clarity?
... then we'd not be discussing it in this level of detail.
And where there is not clarity, the consumer law posted back on page 1 applies, I believe.
The conditions of Advance tickets are perfectly clear - they are for the train specified only.
Train? singular? And no exceptions if delayed? news to me
HHF correctly points out that "Passengers must be at the departure station shown on the ticket in good time to catch the train. If they miss the first train on which they are booked for *any reason*, a new ticket must be purchased". No lack of clarity there from what I can see.
It actually says that if they encounter delays while travelling they may complete their
journey on later trains. So I agree (on this point anyway
) with royaloak that the crucial factor therefore is whether or not two or more tickets can be used for one journey. If anyone has any evidence to say that two or more tickets can NOT be used for one journey, please present it!
I'm afraid Yorkie you need to accept that TOC B has no legal obligation to allow travel on a later train in the situation described by the OP. However, the fact of the matter is that for simple customer service reasons, it would be pretty unreasonable of TOC B to refuse.
I don't accept the legal position you state but I
totally agree with you about reasonableness
and I applaud your common sense approach!