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Preston Park Station Closed

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Ian22012

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25 Feb 2018
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I have a ticket (and an itinerary) to Preston Park station on Sunday that I bought this morning.

Southern are saying on their website (and have confirmed on the phone) that the station is closed until 1230 on Sunday.

Am I correct in saying they are obliged to get me to Preston Park or reimburse a taxi, and pay delay repay if I’m more than 15 minutes after the scheduled arrival time.

Also, they advise travelling to Brighton and making my way to Preston Park. My Three Bridges to Preston Park ticket is not valid to Brighton, is it?
 
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ForTheLoveOf

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I have a ticket (and an itinerary) to Preston Park station on Sunday that I bought this morning.
Brilliant, so you have a binding contract with an itinerary that they must abide by.

Southern are saying on their website (and have confirmed on the phone) that the station is closed until 1230 on Sunday.
So in other words they are tortiously deciding that they feel like selling tickets to a station that they have no intention whatsoever of serving? Very dishonest but sadly it is a common occurrence, for which there is no obvious recourse beyond the usual entitlements for delays etc.

Am I correct in saying they are obliged to get me to Preston Park or reimburse a taxi, and pay delay repay if I’m more than 15 minutes after the scheduled arrival time.
Absolutely - you have a valid contract and an itinerary that was given in conjunction with it. They can't simply revoke it or disregard it because it no longer suits them - and certainly not where they knew about the situation all along before they even sold you the ticket. Of course, you may face difficulties in recovering delay compensation and/or additional travel (e.g. taxi) costs that you incur, but you will no doubt be assisted by the forum if you have any such difficulties.

Also, they advise travelling to Brighton and making my way to Preston Park. My Three Bridges to Preston Park ticket is not valid to Brighton, is it?
It is, you are permitted to go from Three Bridges (TBD) to Preston Park (PRP) via Brighton (BTN). In very simple terms, this is because the fare from TBD to PRP is the same as the fare from TBD to BTN - but be aware that the fare to two stations being the same does not always mean you can "double back". Check for individual journeys using a journey planner if you are unsure.
 

nacs

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5 Dec 2014
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I assume you realise Preston Park is closed because it is Brighton Marathon weekend? The main start is at Preston park. There are also extensive road closures so it may be a moot point as to whether a taxi will get you there. If you google Brighton marathon it will tell you all you want to know about road closures. Preston Park is about a 15 min walk from Brighton Station.
 

Ian22012

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25 Feb 2018
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Thanks for the info ForTheLoveOf

Yes nac I am aware why it is closed. Previous years Preston Park has been open until 8am and GTR are selling tickets to Preston Park hence the confusion. Preston Park Station shows as 1.5 miles on google maps. That isn’t a 15 minute walk. There will be people running the marathon at a slower pace than that!
 

AlexNL

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According to National Rail, the station is closed because of engineering works. NR also mention that the journey planner hasn't been updated yet, so it's probably late notice works.
 

Haywain

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Brilliant, so you have a binding contract with an itinerary that they must abide by.
They only have to abide by the itinerary for the purposes of calculating any Delay Repay compensation. They clearly will find it impossible to get the OP to Preston Park in accordance with the itinerary.
 

thedbdiboy

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Brilliant, so you have a binding contract with an itinerary that they must abide by.
On a general point, it may be bad form to renege on a contract but it is not 'binding' except that if they are unable to provide you with the service you are entitled to a full refund without any admin fees. There is no provision in English law that binds a business to having to deliver a promised service regardless of circumstances. It's no different to buying an out of stock item on a website and subsequently being told 'sorry, we can't supply' and getting your money back.
 

ForTheLoveOf

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They only have to abide by the itinerary for the purposes of calculating any Delay Repay compensation. They clearly will find it impossible to get the OP to Preston Park in accordance with the itinerary.
That they may find it impossible in practice doesn't mean that their legal obligation to abide by the itinerary ceases to exist. They will still be liable for the OP's cost of provisioning alternative transport to Preston Park if Brighton is the nearest railway station to which they propose to deliver him (and assuming they inevitably refuse to provide the alternative transport themselves).

On a general point, it may be bad form to renege on a contract but it is not 'binding' except that if they are unable to provide you with the service you are entitled to a full refund without any admin fees. There is no provision in English law that binds a business to having to deliver a promised service regardless of circumstances. It's no different to buying an out of stock item on a website and subsequently being told 'sorry, we can't supply' and getting your money back.
It is not particularly helpful to compare the situation at hand to ordering goods for delivery online. In that example, submitting an order does not constitute making a contract, it is merely indicating that you agree to purchase the goods on the terms of the invitation to treat they have put forward by advertising the goods for sale on their website. A contract is only made once the supplier has agreed to the contract, taken payment and dispatched the goods.

With train tickets, as soon as payment is taken, I don't think anyone is disputing that a contract has been made. It is, therefore, trite law that the train company cannot revoke that contract once it has been made; only a change in the circumstances that is so substantial that it invalidates the basic premise of the contract would allow them to do so (e.g. unforecast extreme weather). In any case, even if such revocation were permissible as a matter of common law, the train companies have put conditions in place in their terms, which clearly indicate that it is not their intention to abdicate of their responsibilities as soon as things go wrong (c.f. Condition 28.2 of the NRCoT), and indeed that they guarantee the right to compensation for (most) qualifying delays (c.f. Condition 33).

Therefore, both as a matter of common law and through the terms on which the train companies have freely decided to sell tickets, train companies cannot get out of their responsibilities and liabilities in situations like this. Coming back to the situation at hand in this thread, the fact that road access to Preston Park station will be limited or nonexistent is entirely irrelevant. The key element of the test to allow for revocation simply isn't satisfied - there is no change in circumstances, since the railway still has a perfectly acceptable means of getting people in and out (the tracks!), and in any case the road closures and the marathon were known about by the TOC long before the contract was made. If they were so incompetent as to fail or forget to update their timetables in accordance with their intentions, that is (legally speaking) their own fault and certainly not the passenger's fault or problem.
 
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