GWR Compensation / FGW Link

[ForTheLoveOf]

As had already been mentioned up thread, the company that operated a service in 2006 has nothing to do with the type of rolling stock used or facilities offered on that service in 2019, so I’m quite unsure why you keep repeating yourself.

Because, for GWR's compensation scheme, the service group (or rather, company) that would have operated the service 13 years ago determines the compensation payable, it stands to reason that it is important to determine which company would indeed have operated the service. The example of a London Paddington to Reading journey clearly shows that, as the same journey could have been performed by different TOCs in 2006, the mere journey undertaken can't be definitive of the service group that applies. It has to depend on the type of service. And here, whether or not the service is operated by an HST/IEP or a Turbo (or at least, is scheduled as one or t'other) makes a difference.

In any case - if there is an ambiguity as to what each service group means, consumer law (and common law) dictates that that most favourable to the consumer (and the non-drafting party, respectively) is that which prevails. C.f. Section 69 of the Consumer Rights Act 2015 and the principle of contra proferentem. Clearly, having the service interpreted as a HSS group service is advantageous in these circumstances, thus that is what it must be deemed to be.

 

[kieron]

Is there a record of which service group each service is allocated to? I don't think perusing a 2006 timetable would be sufficient to find it out, as engineering works can throw the timetable out completely. All I could find on the GWR site is the breakdown in the original post, which isn't that helpful when Worcester isn't in the Thames Valley to start with.

 

[IainH]

Although the wording "Former First Great Western Link services" does imply the individual trains, would the deciding factor be which company priced the Worcester - Paddington flow at the time of FGWL? This would be in a fares manual of the time, although it is unlikely anyone has one to hand.....

 

[ForTheLoveOf]

Although the wording "Former First Great Western Link services" does imply the individual trains, would the deciding factor be which company priced the Worcester - Paddington flow at the time of FGWL? This would be in a fares manual of the time, although it is unlikely anyone has one to hand.....

The issue with using this is that it is quite possible for one company to price a flow and yet for another to operate the services. The example of London Paddington to Reading comes to mind, as it (AFAIK) has always been priced by FGW (the Intercity part of what is now GWR). Yet you could use a FGW Link stopping service on that route.

The ridiculous example of Worcester Foregate Street to Worcester Shrub Hill also comes to mind - here you could have used FGW, FGW Link or Wessex Trains! Quite how anyone is supposed to know which service group it falls under merely from the actual route alone (where there are several service groups that operate along that route) is beyond me.