Fixed that for you.
I'm not going to get into the whys and wherefores again - especially as it seems to result in a lot of abuse coming my way. But just because certain people on this forum believe their interpretation of the rules to be true, it doesn't actually make it so. I feel sorry for anyone who gets caught out following the 'advice' of certain people in the long-running brand name v TOC argument.
By all means, test it in court yourself you believe it so. But please don't encourage others to do so.
You are incorrect (both in your argument and your spurious claims of recieving "abuse"); the Ticketing Settlement Agreement has no provision for brand specific restrictions, and the contractual terms don't either.
As for whether it might one day be tested in court, and what might happen... I couldn't possibly comment at this stage...
However what I do know is that, for the average passenger, anyone who is requested to pay a supplement / excess / penalty fare and who requests a refund is likely to get one, based on the fact that everyone who I've advised so far has been successful in obtaining at least a full 100 per cent refund, and sometimes an additional goodwill payment too.
You can twist things to suit your pro-GTR argument if you want but you can't change the TSA, contractual terms, or the fact everyone I've assisted has been successful, though I understand you don't see that success in a positive light, but that's your choice.
I've not yet had to enlist the assistance of the barristers I play football with, but I have briefed one of them and he is on standby if required.
And just in case anyone is reading this who has been charged extra, please do contact me via direct conversation message.