If anyone is in a position to post a copy of this bulletin here, I would be interested in reading it
If anyone is in a position to post a copy of this bulletin here, I would be interested in reading it
Just out of curiosity the OP doesn`t mention where, when, or even if he was challenged. As he didn`t have the outbound ticket I can only assume this may have been at Southampton but he doesn`t mention or offer any paperwork stating him being caught with no ticket. It just seems he went straight to small claims, or am I the one being naive here?
Just out of curiosity the OP doesn`t mention where, when, or even if he was challenged. As he didn`t have the outbound ticket I can only assume this may have been at Southampton but he doesn`t mention or offer any paperwork stating him being caught with no ticket. It just seems he went straight to small claims, or am I the one being naive here?
I have just lost a small claims court case against South West Trains; I'm speechless. The ticket machine at Waterloo failed to print the outbound ticket to Southampton on December 5th 2015 but did print the return. Ticket office refused to provide a replacement on the day so the only way I could travel was to buy another outbound single for almost the price paid online for the return. The judge however accepted SWTs spreadsheet of transactions which purported to show no machine error. So officially now I'm an attempted fraudster at worse, or I just lost the ticket at best. Considering appealing but would like to know of similar experiences of such machine failure.
I'm reminded of another case just this week, heard by Mr Justice Irwin, where an aggrieved party had pursued a claim over a debt using the Small Claims Court procedure, and lost. They were so incensed at having lost, feeling, like davowolf, that there were challenges that they'd wanted to make at the hearing but hadn't, and that the other party had lied at the hearing, and that they wanted to pursue it further. They took their issue to the Queens Bench Division of the High Court with an application for Committal (a prison sentence) as a sentence incurred by a Contempt of Court (lying in front of the Small Claims Judge).. . . .
I fear the OP is being given false hope; a small claims court only has to decide things on the balance of probabilities. Clearly the OP is deeply invested in this case emotionally (judging by his letter).
I've mentioned this already on this thread, but it is a point worth emphasising. And repeating.Small claims courts will not look favourably on claimants who haven't exhausted alternative resolution avenues, . . . .
Actual instructions given 18 months ago were for customers to "bang the plastic flap hard a few times" (S&B bulletin) (!) as the moisture build up in the machines was regularly preventing printed tickets dropping on cold nights / warm mornings. It actually worked.
TOCs do not usually defend small claims like this one, so there is likely to be an extra dimension to the case to have made SWT dig their heels in here.
The only other 'dimension' I (OP) can think of is my threat to use the small claims court if they failed to reimburse my single ticket voluntarily. So someone at SWT was feeing vindictive on that day perhaps ?
The only other 'dimension' I (OP) can think of is my threat to use the small claims court if they failed to reimburse my single ticket voluntarily. So someone at SWT was feeing vindictive on that day perhaps ?
Could this post on how to write a letter (or a generic version) be made a sticky on this forum? It is one of the most useful posts yet.I don't like SWT or their corporate approach. But, to be fair, you're the one that took them to court. I don't think SWT mounting a defence is "vindictive".
You entirely circumvented the out-of-court escalation process, which is to go to Transport Focus.
I am reasonably confident Transport Focus (for all their many faults) would have liaised with the TOC and for you to be refunded the cost of the additional ticket, even if it were just in vouchers.
As a former complaints handler myself, my advice is always to keep complaint letters brief and dispassionate. At most TOCs (and probably most private companies in general), the individual complaints handler:
a) has no legal training
b) has a surprising amount of discretion, and
c) doesn't want to spend ages reading your case.
Tone and brevity are crucial.
Don't ever mention legal action in an opening complaint letter. It's unnecessary and combative. Ideally, you should give the reader the impression that you, the claimant, are reasonable and that you believe the handler to be reasonable too. Be constructive and don't let it come across that there's a loss of goodwill (even if there is, and even if you HATE THE BUGGERS!). Try to make the reader want to help you.
If I am being honest, the follow up letter where you mention being accused of fraud (inaccurate and a little hysterical - no such thing happened), being a retired lecturer, singing Christian songs at Wembley and Totton, is a turn-off and doesn't help your case.
I understand that in an ideal world you shouldn't have to "make the agent want to help you", but it is the reality. Don't make your letter become water-cooler chat.
Had you stuck to the facts and left out the threat of small claims, as a handler I would have thought "I can't prove this either way, but you know what, he seems nice - I can probably justify giving him vouchers and a cordially-worded letter, hopefully he will be happy".
Unfortunately, as this has already gone to court, you can't now go to Transport Focus.
Could this post on how to write a letter (or a generic version) be made a sticky on this forum? It is one of the most useful posts yet.
Have a like![]()
Could this post on how to write a letter (or a generic version) be made a sticky on this forum? It is one of the most useful posts yet.
Have a like![]()
The third fundamental point is to focus on a resolution - a resolution which is realistic for both parties. This is emphatically NOT a focus on 'winning'. It is a charp focus on a mutual agreement and a finality. Do you agree, AlterEgo ?
Perhaps we can arrange for this, or a similar piece of advice, to be incorporated into the RailUK's Fares & Ticketing Guide's Section 10 on Disputes.
and in regards to the above 2 posts just how long do you think it would be before people cottoned on that a mistake may happen and thus you get 2 people travelling for the price of one?
My take on this having had quite a few success stories including compo of £100 just yesterday for a bodged service call.
Use the words from "How to win friends and influence people " from the 30s
Dear SWT
Unfortunately the machine did not give me my ticket
I would appreciate it very much if it were possible for you to send me some rail vouchers to cover the cost of the extra ticket.
Kind Regards
Jumble
I would appreciate it very much if you could send me some rail vouchers to cover the cost of the extra ticket.
Then SWT need to modify their procedures.
The current system doesn't adequately prove the ticket was actually printed & dispensed, only that the machine issued the command to print and didn't return an error.
and in regards to the above 2 posts just how long do you think it would be before people cottoned on that a mistake may happen and thus you get 2 people travelling for the price of one?
Don't go overboard. Getting too chummy could also see your letter go to the bottom of the pile and/or turn the advisor off.
You entirely circumvented the out-of-court escalation process, which is to go to Transport Focus.
Are you speaking from a position of any authority? If so, I would very much like to know what insight you have because some of the others in this thread spoke with good authority.
No, just experience -20+ years in software development, including interfacing with warehouse printing & scanning equipment. That's taught me that no matter what a machine claims it's done, it doesn't always mean it actually did it......
Ahh, 'The Flood Gates' theory........... of course we know that never happens don't we ?