• Our booking engine at tickets.railforums.co.uk (powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Gatwick Express to Brighton

Status
Not open for further replies.

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
....There is no provision for this in the NRCoC or TSA....

See the quote from the TSA that I previously supplied.

....They can't redefine train company for any "purpose"; it's a term with an inalienable meaning....

It is clarification of who they refer to in the NRCoC.

....I have no idea what you are saying but there is no provision for the brand restrictions which you appear to support in the TSA or NRCoC, so until there is, you will just have to lump it....

Oh look, another mature response. See my previous quote from the TSA.

....Southern is not an "operator"; a list of operators can be found in the TSA....

Oh, so I guess "Southern Only" tickets have no validity then? As there are no companies by that name.

....They refunded everyone who complained. Example: Southern admit they were wrong to sell GX "supplement"....

Northern Rail has handed out thousands of vouchers and free travel passes to people who claimed to have encountered rude staff without bothering to check, but that is not proof that staff were actually rude.

....I don't envisage any "consequences" for anyone who uses these tickets (apart from the hassle of having to request a refund/compensation) nor any "consequences" for GTR, as they will continue to issue refunds to anyone who is charged. DfT & ORR will be happy for that to continue, so the status quo remains. The higher priced fares are effectively a 'tax' for people who don't assert their rights....

The DfT & ORR are happy for train companies to go against the terms of their contract? Well now I have heard it all.

And what of those who don't complain? Should they continue to pay more?

....The OP can now make his own choice. I suggest we leave it there, as there really is nothing further to debate.

If you insist.....
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
See the quote from the TSA that I previously supplied.
Your quote supports what I am saying!:lol: Dedicated flows apply to "operators" as defined in the TSA. If you look at the list of "operators" in the TSA, you will see GTR listed. You appear to be making up untruths by claiming Southern is an operator. Please refrain from this.
http://www.atoc.org/about-atoc/rail-settlement-plan/governance/
SCHEDULE 1
THE OPERATORS
Name of Operator Govia Thameslink Railway Limited
Registered Number 07934306
Registered Office 3rd Floor, 41-51 Grey Street, Newcastle upon Tyne NE1 6EE
It is clarification of who they refer to in the NRCoC.
The NRCoC makes it clear that tickets can be restricted by "company" (not by brand).

The NRCoC also clearly states which company operates the brands concerned.

Oh look, another mature response. See my previous quote from the TSA.
As I said above, your TSA quotes refer to "operator", which does not in any way support your view, as TSA confirms GTR is the operator.
Oh, so I guess "Southern Only" tickets have no validity then? As there are no companies by that name.
That's not how franchise handovers work, and you know it! The tickets become valid on the new company.
Northern Rail has handed out thousands of vouchers and free travel passes to people who claimed to have encountered rude staff without bothering to check, but that is not proof that staff were actually rude.
That's not the correct anaology though. The fact is, most people who have used these tickets in a way that you disagree with, do not suffer any charge. Those who were charged (a tiny minority) who have asked for their money back, got it back.

The DfT & ORR are happy for train companies to go against the terms of their contract? Well now I have heard it all.
They obviously are, as franchise breaches occur regularly and most breaches have no concequence.

But that's largely irrelevant to this discussion: the OP can be reassured that most people have not been charged, and those who have been charged & requested a refund have been successful.

And what of those who don't complain? Should they continue to pay more?



If you insist.....
Of course they shouldn't, but until someone can rectify the matter, that is the reality.
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
Your quote supports what I am saying!:lol: Dedicated flows apply to "operators" as defined in the TSA. If you look at the list of "operators" in the TSA, you will see GTR listed. You appear to be making up untruths by claiming Southern is an operator. Please refrain from this....

Okay lets run through this then.

GTR is an operator that has chosen to (or is required by government to) "brand" it's train services as Southern, Gatwick Express, Thameslink or Great Northern.

A passenger can make a journey on Southern and this would be on one of GTR's services that is not "branded" Gatwick Express.

Now let's look at that quote again...

"each Operator may Create Dedicated Fares in respect of journeys on its own trains"

Each Operator (GTR in this case) can set dedicated fares (valid only by one operator - GTR) for journeys that are only on it's own services.

So GTR can set a "Southern Only" (for use only on Southern "branded" services") fare because these are fare's which allow someone to make a journey that is only on GTR's own services.

Has that dumbed it down enough for you?

The NRCoC makes it clear that tickets can be restricted by "company" (not by brand)....

No, Condition 10 says that ticket may be restricted by train company and that, if that restriction applies, the restriction will be shown on the ticket. It does not make any reference to "brand" names.

....The NRCoC also clearly states which company operates the brands concerned....

Well at least you got that right.

....As I said above, your TSA quotes refer to "operator", which does not in any way support your view, as TSA confirms GTR is the operator....

Each operator can set fares that are valid for journeys on it's own services. Do you dispute that GTR operates Southern "branded" services?

....That's not how franchise handovers work, and you know it! The tickets become valid on the new company....

But you say they can't restrict tickets by brand and you also say that there is no company called Southern. You can't have it both ways!

....That's not the correct anaology though. The fact is, most people who have used these tickets in a way that you disagree with, do not suffer any charge. Those who were charged (a tiny minority) who have asked for their money back, got it back....

Well you clearly missed the point. Customer service departments have leeway to do anything that would get you to travel on their services again. It is not proof of wrong doing.

Of course they shouldn't, but until someone can rectify the matter, that is the reality.

And you, and the DfT and the ORR and everyone else seems happy to let them pay more, knowingly or otherwise.
 
Last edited:

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
...If one believes that the absence of an explicit prohibition is insufficient to permit something, perhaps there is a lesson in here somewhere.

Do you mean the absence of an explicit prohibition is sufficient to permit something?

If so, it's often noted, on this forum, as being the case when a passenger wants something, not often used in favour of a train operating company though. Strange that......
 

sarahj

Established Member
Joined
12 Dec 2012
Messages
1,897
Location
Brighton
Nice to see the worms stayed in their can, oh, wait.......

Anyway, for more fun and games, noticed a nice little earner for southern today. I cannot tell you how, but here is a guide.

People coming up from the coast going to London. They type in London Victoria, and they get a nice super off peak return for about £17.80 (or thereabouts).
All good.
If they type in London Bridge they get a London Terminals tickets, about £25.00. (off peak)

All weekend, Clapham to Victoria is closed. Trains are going to London Bridge instead. Tickets to Victoria are valid to London Bridge (and Blackfriers).

I was checking a train this morning from Littlehampton to London Bridge. Guess what ticket the folks who did not have travelcard have???
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
Okay lets run through this then.

GTR is an operator that has chosen to (or is required by government to) "brand" it's train services as Southern, Gatwick Express, Thameslink or Great Northern.

A passenger can make a journey on Southern and this would be on one of GTR's services that is not "branded" Gatwick Express.

Now let's look at that quote again...

"each Operator may Create Dedicated Fares in respect of journeys on its own trains"

Each Operator (GTR in this case) can set dedicated fares (valid only by one operator - GTR) for journeys that are only on it's own services.

So GTR can set a "Southern Only" (for use only on Southern "branded" services") fare because these are fare's which allow someone to make a journey that is only on GTR's own services.

Has that dumbed it down enough for you?
You're talking nonsense. If you are not prepared to read and understand the TSA, that's fine, just stop lying about what it contains.

Fares cannot exist if they are not TSA complaint; they cannot make up rules about brandings in the manner you claim.

4-15 DEDICATED FARES
Subject to Clause 4-25 below (where this applies), each Operator may Create Dedicated Fares in respect of journeys on its own trains.
“Dedicated Fare” means a Fare which entitles the Purchaser to use the trains of a single Operator only.
Govia Thameslink Railway is an operator.

Southern was an operator, and used to operate Gatwick Express route. Now Govia Thameslink Railway operates this route. However Southern Only tickets remain valid on the Gatwick Express route, regardless of the change of operator name.
No, Condition 10 says that ticket may be restricted by train company and that, if that restriction applies, the restriction will be shown on the ticket. It does not make any reference to "brand" names.



Well at least you got that right.



Each operator can set fares that are valid for journeys on it's own services. Do you dispute that GTR operates Southern "branded" services?
Branding is irrelevant.

A ticket marked as valid on AGA Only or Greater Anglia Only is valid on all that company's services, including those branded Stansted Express.

The brand name makes no difference to ticketing whatsoever; what matters is the train company/operator.
But you say they can't restrict tickets by brand and you also say that there is no company called Southern. You can't have it both ways!
It is not me who is trying to "have it both ways", it is you. And can I also remind you that Consumer Law applies.
The Unfair Terms in Consumer Contracts Regulations 1999

Written contracts
7. - (2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail

http://www.opsi.gov.uk/si/si1999/19992083.htm
:)

Well you clearly missed the point. Customer service departments have leeway to do anything that would get you to travel on their services again. It is not proof of wrong doing.
No, you missed the point. The point is that the OP wants to know if he can use the ticket and is concerned about a potential dispute. However we know that those who have previously been in a dispute, have been appropriately refunded and compensated. That is the point.

And you, and the DfT and the ORR and everyone else seems happy to let them pay more, knowingly or otherwise.
I am not happy for people to pay more, but until things change, all we can do is educate people so they know that they can contractually use the cheaper tickets, which are valid.

The fact certain people don't like people doing it is not going to discourage anyone, and it certainly makes me want to use them and spread the word even more!

..., noticed a nice little earner for southern today.....
Well, GTR ;) but yes.

From some origins there is a premium to travel to Victoria. However, you are absolutely right that for others, there is a premium to travel to London Bridge.

And yes, people have been mis-sold tickets this weekend, and GTR has made money to which they are arguably not legitimately entitled.
I am not happy about it, but all I can do is recommend people buy the cheaper fares. If they are charged more, they can insist on a refund.

If people don't come here for advice, then there is not a lot we can do.
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
You're talking nonsense. If you are not prepared to read and understand the TSA, that's fine, just stop lying about what it contains.

Fares cannot exist if they are not TSA complaint;....

But according to you they do! And they are sold on a daily basis.

.... they cannot make up rules about brandings in the manner you claim.

Govia Thameslink Railway is an operator.

Southern was an operator, and used to operate Gatwick Express route. Now Govia Thameslink Railway operates this route. However Southern Only tickets remain valid on the Gatwick Express route, regardless of the change of operator name.....

Okay, for a moment, let's say that you are wrong and that a ticket routed "Southern Only" is only valid on services "branded" as "Southern", given that you insist all Southern "branded" services are operated by GTR, how many Operators is that ticket valid on?

....A ticket marked as valid on AGA Only or Greater Anglia Only is valid on all that company's services, including those branded Stansted Express....

And if the GTR tickets were marked "GTR Only" this would make a valid point, but they aren't.

....The brand name makes no difference to ticketing whatsoever; what matters is the train company/operator....

I disagree, because as yet I see no reason why it can't. In fact, ticket routeings tend to point towards branding very much being part of ticketing.

....No, you missed the point. The point is that the OP wants to know if he can use the ticket and is concerned about a potential dispute. However we know that those who have previously been in a dispute, have been appropriately refunded and compensated. That is the point....

And you are using, as part of your view point, the observation that a Customer service team, who's job it is to make sure passengers return to their services, are paying out. I made the point that the observation doesn't amount to very much, I know this because I made the point.

But if you must go down that line of thought....

Can you provide any accurate facts or figures to back up your claim that everyone who has complained has got a refund? Can you provide figures that accurately show the number who have complained in comparison to those who haven't? Or those that have received money back compared to those that haven't?
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
....As to the actual issue. 100% with Yorkie on this. His readings of the various documents,are entirely logical. Yours are perverse.

In what way is it any more perverse than Yorkie's? Perhaps just because it doesn't fit with your particular view?
 

ainsworth74

Forum Staff
Staff Member
Global Moderator
Joined
16 Nov 2009
Messages
27,670
Location
Redcar
It is not me who is trying to "have it both ways", it is you. And can I also remind you that Consumer Law applies.

Actually as far as I'm aware those regulations no longer apply to contracts entered into on or after 1 October 2015 and instead the Consumer Rights Act 2015 will apply. It does, however, happily contain a similar provision to the old regulations:

Consumer Rights Act 2015

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.
 

blakey1152

Member
Joined
5 Sep 2011
Messages
450
Nice to see the worms stayed in their can, oh, wait.......

Anyway, for more fun and games, noticed a nice little earner for southern today. I cannot tell you how, but here is a guide.

People coming up from the coast going to London. They type in London Victoria, and they get a nice super off peak return for about £17.80 (or thereabouts).
All good.
If they type in London Bridge they get a London Terminals tickets, about £25.00. (off peak)

All weekend, Clapham to Victoria is closed. Trains are going to London Bridge instead. Tickets to Victoria are valid to London Bridge (and Blackfriers).

I was checking a train this morning from Littlehampton to London Bridge. Guess what ticket the folks who did not have travelcard have???

Surely they wouldn't have sold them all anytime return tickets to Carlisle!?!?! :lol:
 

Bishopstone

Established Member
Joined
24 Jun 2010
Messages
1,478
Location
Seaford
Nice to see the worms stayed in their can, oh, wait.......

Anyway, for more fun and games, noticed a nice little earner for southern today. I cannot tell you how, but here is a guide.

And here's another one from yesterday (Good Friday). The machines at Brighton hadn't been told it was a Bank Holiday, and at 08.30 were failing to apply Gold Card discounts to relevant tickets. The booking office was happy to oblige, of course.

(As an aside, though, my discounted return from Newhaven Harbour to Southampton Central was just over £10, which for the distance I regard as fantastic value. Parking in Southampton city centre is about five quid for the day, before you've even begun to consider petrol and the single track A27.)
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
Actually as far as I'm aware those regulations no longer apply to contracts entered into on or after 1 October 2015 and instead the Consumer Rights Act 2015 will apply. It does, however, happily contain a similar provision to the old regulations:
If anything, that's even better than the old wording :lol:
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
6,595
Location
Merseyside
I would like some guidance on the most simple way to explain this matter to rail staff, when you are traveling on a Southern Only etc.... ticket on another branded service, without getting into complex arguments when confronted.
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
I would like some guidance on the most simple way to explain this matter to rail staff, when you are traveling on a Southern Only etc.... ticket on another branded service, without getting into complex arguments when confronted.
I'd ask them what condition makes it invalid. If they say Condition 10 (and it can't be anything else) then it should be straightforward from then on. There's plenty of material to state that Southern, when it was a Train Company, operated the Gatwick Express, including FOI requests, route maps (best printed in colour), statements on their websites, etc.

If they do charge you, then you need to do what dvboy did and insist on a refund. You could also report a breach of consumer law to the ORR, and a breach of the NRCoC (adherence to which is a franchise commitment) to the DfT, but I doubt either will be particularly bothered.
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
6,595
Location
Merseyside
I'd ask them what condition makes it invalid. If they say Condition 10 (and it can't be anything else) then it should be straightforward from then on. There's plenty of material to state that Southern, when it was a Train Company, operated the Gatwick Express, including FOI requests, route maps (best printed in colour), statements on their websites, etc.

If they do charge you, then you need to do what dvboy did and insist on a refund. You could also report a breach of consumer law to the ORR, and a breach of the NRCoC (adherence to which is a franchise commitment) to the DfT, but I doubt either will be particularly bothered.

Based on experience, the front line staff tend to say something like "your ticket is [Southern/Thameslink Only] and is not valid on this train because its [Gatwick Express/Southern]." They tend not to quote the NRCoC or make any reference to it on the front line. They will however insist that Gatwick Express/Southern/Thameslink is a TOC and that GTR is the parent company.
 

MikeWh

Established Member
Associate Staff
Senior Fares Advisor
Joined
15 Jun 2010
Messages
7,870
Location
Crayford
Based on experience, the front line staff tend to say something like "your ticket is [Southern/Thameslink Only] and is not valid on this train because its [Gatwick Express/Southern]." They tend not to quote the NRCoC or make any reference to it on the front line. They will however insist that Gatwick Express/Southern/Thameslink is a TOC and that GTR is the parent company.

The whole situation is a mess.

Going back to the demise of Gatwick Express as a separate TOC, either the lawyers for the DfT and/or Southern failed to notice the problem of having two separate fares, or they believed that they could get away with it. The fact that no-one who has challenged the problem has ended up out of pocket speaks volumes. Clearly neither the DfT nor Southern wanted this to go anywhere near a court.

Roll forward to the creation of GTR (and specifically the takeover of Southern) and the problem becomes much more serious. Now they are no longer solely trying to enforce a higher fare on a so-called premium service, they are also trying to enforce cheaper fares on a subset of the total non-premium service. These cheaper fares are to be phased out over time, sadly, but the DfT/GTR are between a rock and a hard place on this one. If the cheaper fares were abolished instantly there would be outcry from the many thousands of commuters who rely on them to get to work, while if the cheaper fares were extended to all trains the franchise wouldn't make enough money. I'm left wondering why the NRCOC/TSA have not been amended given the length of time since the demise of Gatwick Express. Clearly there is a problem preventing this from happening.

The Southern/Thameslink split of course has other issues. Southern trains are typically green while Thameslink trains are typically blue, except when stock shortages mean that they get switched around. Often an eight car train will be half green and half blue. There are even cases where a unit travels to London as Southern and returns south as Thameslink. Just how are passengers supposed to know what is what from that mess?

Finally, I should stress that I do not have a problem with the concept of restricting tickets by brand. If the legislation was written in such a way as to allow such a split, and the different brands were clearly identifiable by the public, then that would be a reasonable situation. The public could decide whether to pay extra to sit in an empty carriage on a train which might just make the journey a minute or two quicker than the alternative train which follows just a couple of minutes behind. What I do have a problem with is the current situation where the legislation is written in such a way as to prohibit such brand splits.
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
If anything, that's even better than the old wording :lol:

It doesn't seem to define "term" anywhere, unless I've missed it.

I believe the dictionary definition of "term" is a word (or group of words) with a particular definition, a mathematical operation (or something like that anyway), or a length of time.

I don't happen to have a copy of the Oxford English Dictionary to hand and I'm sure you'll tell me the many free online dictionaries that give a definition are not official, so I'll have to nip out to my local library at some point and have a look.

I'm starting to feel this issue should be made a sticky ;)

Longest most unhelpful sticky in the history of the internet? (in terms of being full of argument and counter argument).
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
So I was happened to be looking up refund and change of journey fees (for another thread) and happened upon something that might be deemed important by some, I'll let you decide what you think and reply as you see fit, but I thought it was interesting...

NRCoC said:
12. Restrictions on when you can travel

Restrictions apply to the use of some tickets (including those bought with a Railcard) in
addition to/other than those in Condition 10 above such as
the dates, days, and times
when you can use them, and the trains in which they can be used. These restrictions will
be made clear to you by the seller when you buy your ticket. If a restriction applies and the
ticket you are using is not valid for the train you are travelling in, then:....
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
That refers to time restrictions. Nothing to do with this thread.
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
Dates, days and times are already mentioned in that passage, in that very sentence infact. I think would be odd to refer to the very same thing twice so close together when there would be no need.
 
Last edited:

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
So if I was not allowed to travel on a Gatwick Express service at, say, 1235, but I could travel on Southern services at, say, 1230 and 1240, this would not be a restriction of when I could travel?

If you insist, but if you are right there, then the addition of trains you cannot use is superfluous and unnecessary. Anyway it was just something I thought I'd note.
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
So if I was not allowed to travel on a Gatwick Express service at, say, 1235, but I could travel on Southern services at, say, 1230 and 1240, this would not be a restriction of when I could travel?

If you insist, but if you are right there, then the addition of trains you cannot use is superfluous and unnecessary. Anyway it was just something I thought I'd note.
You've suggested this before. It's getting boring. Yes, in theory, they could try introducing a restriction code with a huge long list of allowed/barred times. A bit like GWR do with the evening peak out of Paddington, but applying all day. However, as they have not done this, I fail to see the relevance.

I'd actually quite enjoy the battle that would ensue if GTR tried it. Even if GTR are digraceful enough to want to try it, I suspect the DfT wouldn't allow it. If nothing else simply to avoid bad press! I'd love it if they tried as it would make it easier to get press attention to the issue.:lol:
 

hairyhandedfool

Established Member
Joined
14 Apr 2008
Messages
8,837
The condition doesn't mention restriction codes though. Perhaps this is just an assumption on your part?
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
The condition doesn't mention restriction codes though. Perhaps this is just an assumption on your part?
We've had this discussion before. It's boring. Condition 12 refers to time restrictions ("Restrictions on when you can travel"), and these cannot ever apply to Anytime tickets.

Yet you are arguing over a restriction that appears in the Route field (which is only used to restrict tickets as per Conditions 10 or 13) of Anytime tickets.

So it's clearly a completely and utterly false argument.
 

Starmill

Veteran Member
Joined
18 May 2012
Messages
23,382
Location
Bolton
Do you mean the absence of an explicit prohibition is sufficient to permit something?

If so, it's often noted, on this forum, as being the case when a passenger wants something, not often used in favour of a train operating company though. Strange that......

So your retort to the charge of hypocrisy is "it's OK, because the passenger is a hypocrite too" ?

And you tell us your profession is customer-facing...
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,801
Location
Yorkshire
Some people get really unhappy about the fact consumer law applies to train tickets, and that it's on OUR side. Well, they just have to lump it!
 
Status
Not open for further replies.

Top