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Southern admit they were wrong to sell GX "supplement".

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Solent&Wessex

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With the good old days of British Rail, can anyone remember whether any of these complications arose when the GX was part of "Intercity" yet the other trains were part of "Network Southeast"? I seem to recall different fares applied for the fast GX trains. Yet surely both routes were operated by the British Railways Board and Intercity and Network Southeast were merely trading names?
 
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hairyhandedfool

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Find me an FGW only ticket which a customer may want to use on a Heathrow Connect service and I'll gladly entertain this charade further.

Irrelevant. Answer the question.

Or are you conceding the point? Are you admitting that they are separate for the purposes of condition 10 even though they are both trading names of First Greater Western Limited? If you believe Southern and Gatwick Express are the same for the purposes of condition 10, you must say First Great Western and Heathrow Connect are the same.
 

island

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I think it is entirely relevant whether a question is entirely theoretical or may actually arise in practice.
 

Brucey

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Find me an FGW only ticket which a customer may want to use on a Heathrow Connect service and I'll gladly entertain this charade further.

Ealing Broadway to any FGW station where advance fares are available (e.g. Gloucester), changing at London Paddington on a FGW only advance.
 

island

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Ealing Broadway to any FGW station where advance fares are available (e.g. Gloucester), changing at London Paddington on a FGW only advance.
Would that not be doubling back?
Why?

How does this scenario differ from Southern and Gatwick Express?
If there does not exist a ticket route GREAT WESTN ONLY which has Heathrow Connect as part of its permitted route, then there is no practical reason to debate it.

For the record, I am of the opinion that such a ticket, if it does exist, is valid on Heathrow Connect (but not of course between Hayes & Harlingtn and Heathrow Airport).
 

hairyhandedfool

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If there does not exist a ticket route GREAT WESTN ONLY which has Heathrow Connect as part of its permitted route, then there is no practical reason to debate it....

"Great Western"/"Great Westn" is not a train company, train operating company or trading name in the list provided in the NRCoC. "First Great Western" is there and so is "First Greater Western Limited". 'Rte FGW Only' tickets exist and are used daily.

Is it fair to say you believe that a ticket marked 'FGW Only' is valid on Heathrow Connect between Hayes & Harlington and London Paddington in line with condition 10 of the NRCoC?
 

MikeWh

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There is an easement (40003) allowing doubling back between Ealing Broadway and London Paddington. If you just enter Ealing Broadway to Gloucester then it offers "AP Kemble" tickets which are like FGW&Connections. This allows use of HC trains. If you restrict the search to FGW trains only then it offers you slightly cheaper FGW Only tickets. Therefore, it appears that you cannot use FGW only on HC.

However, as HC is a joint venture, I don't believe that it is the same as Southern.
 

Nicholas43

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The NRCOC state (para 1) that
A ticket that has been issued to you is evidence of a contract between you and each Train Company whose trains you have the right to use.
To be valid, these contracts must be with legal entities, such as Southern Trains Limited. You cannot enter into a valid contract with "Gatwick Express", because that is just a trading name of Southern Railway Limited. Appendix C includes one Train Company, Southern Railway Limited, and states that it uses two trading names, "Southern" and "Gatwick Express".
Para 10, as we know, states that
The validity of a ticket may:
a) be restricted to; or
b) prohibit
travel in the trains of a particular Train Company.
Note that it does not say "trains operated under a particular trading name".
If you check times and fares on the National Rail journey planner, it offers you rip-off "anytime" singles Gatwick to Victoria at £18.90 on the trains operated under the trading name "Gatwick Express", and "offpeak" singles at £13.20. However, it does not (as far as I can see) tell you which trading names are used. If you click "other trains I can use this ticket on", it lists all the (off-peak) ones operated under the trading name "Southern", but not those operated under the trading name "Gatwick Express". It further explains that the "offpeak" ticket is "routed" "SOUTHERN ONLY".
As already noted, there is no provision in the NRCOC for a ticket to be "routed" so that it is restricted to "trains operated under a particular trading name". The only legally possible construction of "SOUTHERN ONLY" is "operated by Southern Railway Limited, using either of its trading names".
The journey planner also says that
The ticket that you have selected may require you to travel at specific times of the day, days of the week or on a specific route. Our Journey Planner will have already taken this into account with the selection that you have made and will only have shown tickets that are valid for the selected trains.
Your ticket is associated with a 'Validity Code' applied by the train companies. If you would like to see full [my italics] details of the trains on which your ticket is valid view the specific 'Validity Code' applicable to the journey plan that you have selected.
That turns out to be C0: valid
By any train scheduled to arrive at London Terminals or Kensington Olympia [meaning, in this case, London Victoria] at or after 09:50
If Southern Railway Limited were unwise enough to pursue through the county court a civil claim for an unpaid fare of £18.90 from someone who held an "offpeak SOUTHERN ONLY" ticket, that someone would have a cast-iron defence. The "full details of the trains on which your ticket is valid", validity code C0, must trump the list of specific trains shown by the journey planner. That list appears completely arbitrary to anyone not an expert in the history of franchising on the Brighton line. The passenger reasonably assumed that the list was not complete, and relied on the "full details of the trains on which your ticket is valid".
On the same argument, a "FGW ONLY" ticket from Oxford to Paddington (assuming one exists), if valid for break of journey, is valid to travel from Oxford to Hayes on a train operated under the trading name First Great Western, and then on a train from Hayes to London operated under the trading name Heathrow Connect.
In the good old days of British Rail, they could and did charge a supplement on the all-pullman Brighton Belle. If Southern Railway Limited wants to charge a supplement on trains it operates using the trading name Gatwick Express, it will have to negotiate a validity code for "offpeak" tickets which decodes as "not valid on trains timed to depart Gatwick at 5, 20, 35 and 50 minutes past the hour" (or some such).
 
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hairyhandedfool

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National Rail website offers this as a route. I haven't checked the easements or routeing guide myself.

Easement 40003

Customers traveling from Drayton Green, Castle Bar Park, South Greenford, Hanwell, West Ealing, Ealing Broadway and Acton Mainline to Hayes & Harlington and beyond may travel via London Paddington. This easement applies in both directions.
--- old post above --- --- new post below ---
....The only legally possible construction of "SOUTHERN ONLY" is "operated by Southern Railway Limited, using either of its trading names"....

Okay, I take that onboard for further discussion....

....The journey planner also says that

The ticket that you have selected may require you to travel at specific times of the day, days of the week or on a specific route. Our Journey Planner will have already taken this into account with the selection that you have made and will only have shown tickets that are valid for the selected trains.
Your ticket is associated with a 'Validity Code' applied by the train companies. If you would like to see full [my italics] details of the trains on which your ticket is valid view the specific 'Validity Code' applicable to the journey plan that you have selected.

That turns out to be C0: valid

If Southern Railway Limited were unwise enough to pursue through the county court a civil claim for an unpaid fare of £18.90 from someone who held an "offpeak SOUTHERN ONLY" ticket, that someone would have a cast-iron defence. The "full details of the trains on which your ticket is valid", validity code C0, must trump the list of specific trains shown by the journey planner.....

Bad wording maybe, but if that were honestly the case no TOC specific fares would be TOC specific. Ticket validlity codes actually only restrict train times and days of use. There is nothing about trumping one or other, both can apply equally. Unless of course you are saying TOC restrictions are unlawful?

....On the same argument, a "FGW ONLY" ticket from Oxford to Paddington (assuming one exists), if valid for break of journey, is valid to travel from Oxford to Hayes on a train operated under the trading name First Great Western, and then on a train from Hayes to London operated under the trading name Heathrow Connect....

Now we are getting somewhere. Having established the point being made I would ask for a further question to be answered.

If I held a Haywards Heath-London Victoria Single 'Rte Not Gatwick Express', which train companies can I use to get to Victoria?
 
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island

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"Great Western"/"Great Westn" is not a train company, train operating company or trading name in the list provided in the NRCoC. "First Great Western" is there and so is "First Greater Western Limited". 'Rte FGW Only' tickets exist and are used daily.

Is it fair to say you believe that a ticket marked 'FGW Only' is valid on Heathrow Connect between Hayes & Harlington and London Paddington in line with condition 10 of the NRCoC?

Yes, if the equivalent ticket route ANY PERMITTED would be valid (i.e. if it is otherwise a valid route).

I haven't come across a ticket route FGW Only, but I take your word that one exists. The Advance ticket I am using to get to Cardiff next weekend is routed GREAT WESTN ONLY.
 

hairyhandedfool

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Yes, if the equivalent ticket route ANY PERMITTED would be valid (i.e. if it is otherwise a valid route).

I haven't come across a ticket route FGW Only, but I take your word that one exists. The Advance ticket I am using to get to Cardiff next weekend is routed GREAT WESTN ONLY.

I'm sure I looked one up earlier, but now I'm actively looking can I find it? can I ****.
 

Nicholas43

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Bad wording maybe, but if that were honestly the case no TOC specific fares would be TOC specific. Ticket validlity codes actually only restrict train times and days of use. There is nothing about trumping one or other, both can apply equally. Unless of course you are saying TOC restrictions are unlawful?
No, I am saying that NRCOC allow a restriction to a particular Train Company (such as Southern Railway Limited), but not to a particular trading name (such as SOUTHERN).

If I held a Haywards Heath-London Victoria Single 'Rte Not Gatwick Express', which train companies can I use to get to Victoria?
You can use Southern Railway Limited, or First Capital Connect Limited for the portion to East Croydon.
The journey planner does state (for the £11.85 tickets)
ROUTE OF TICKET NOT GATWICK EXP - Ticket not valid on services operated by Gatwick Express.
However, it also states
If you would like to see full [my italics, again] details of the trains on which your ticket is valid view the specific 'Validity Code' applicable to the journey plan that you have selected.
This is PB: trains arriving at (in this case) Victoria after 10:55.
If a passenger changes at Gatwick to a train operated by Southern Railway Limited using the trading name Gatwick Express, and is pursued by Southern Railway Limited for an unpaid fare, he has a good defence. "Operated by Gatwick Express" is unintelligible: "Gatwick Express" is just a trading name, and does not operate anything. The passenger assumed that this was just a mistaken relic of the time when Gatwick Express (under some name or other) was a Train Company, and relied on the "full details" explained as code PB.
In the unlikely event that a district judge thinks Southern Railway Limited has a leg to stand on, the passenger can deploy the Unfair Terms in Consumer Contracts Regulations:
http://www.oft.gov.uk/about-the-oft/legal-powers/legal/unfair-terms/what-is-unfair
a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put the consumer at a disadvantage because he or she is not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.
 

Andrew Nelson

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Surly, "Gatwick Express" is just a titled Train, as in, "Flying Scotsman" or "The Highland Chieftain", still operated by East Coast, and formerly GNER etc.
 

hairyhandedfool

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No, I am saying that NRCOC allow a restriction to a particular Train Company (such as Southern Railway Limited), but not to a particular trading name (such as SOUTHERN)....

Noted.

....You can use Southern Railway Limited, or First Capital Connect Limited for the portion to East Croydon.
The journey planner does state (for the £11.85 tickets)....

Gatwick Express is a trading name for Southern Railway Limited. People here have been saying Southern and Gatwick Express are the same as they are both trading names for Southern Railway Limited, that one trading name means the whole Train Operating Company regardless of any other trading names in use.

Therefore 'Not Gatwick EXP' means 'Not Southern Railway Limited' which by definition means 'Not Southern'.

We weren't debating "not GX", we were debating "Southern Only".

Actually, we are debating whether Southern and Gatwick Express are the same train company, this is the main sticking point in regard to using Southern Only tickets on Gatwick Express services.

Surly, "Gatwick Express" is just a titled Train, as in, "Flying Scotsman" or "The Highland Chieftain", still operated by East Coast, and formerly GNER etc.

'Flying Scotsman' and 'The Highland Chieftain' are names for two train services (each) daily, Gatwick Express is a trading name for Southern Railway Limited, not the same thing at all really.
 

Nicholas43

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... "Gatwick Express" is just a titled Train, as in, "Flying Scotsman" or "The Highland Chieftain", still operated by East Coast, and formerly GNER etc.
Presumably Southern Railway Limited would argue that it's not just a title: it also has bigger seats, and more accessible luggage space, or some such. Which makes it, as I suggested above, arguably akin to the erstwhile Brighton Belle.
However, as far as I know, modern "27 fares from A to B" practice does not seem to allow a simple supplement for using an (allegedly) superior train.
By the way, is it still the case that a train labelled Gatwick Express can turn up to operate a service for which Southern Railway Limited uses the trading name Southern, such as a Brighton to Victoria? If so, that further weakens any argument Southern Railway Limited might have for not accepting SOUTHERN ONLY tickets on trains it operates using the trading name Gatwick Express.
 
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yorkie

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In theory, there should be no such thing as a "not Gatwick Express" ticket.
Correct! Most were removed in 2008 but a few remain. An oversight perhaps? Such mistakes do happen, such as Coleshill Parkway - London Rte: LM Only!
 

34D

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With the good old days of British Rail, can anyone remember whether any of these complications arose when the GX was part of "Intercity" yet the other trains were part of "Network Southeast"? I seem to recall different fares applied for the fast GX trains. Yet surely both routes were operated by the British Railways Board and Intercity and Network Southeast were merely trading names?

There was one oddity (which existed in 2007 when I last used the Gatwick Express, when it was a proper TOC) which was that tickets with a Network Railcard discount couldn't be used on Gatwick Express.
 

WillPS

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Irrelevant. Answer the question.

Or are you conceding the point? Are you admitting that they are separate for the purposes of condition 10 even though they are both trading names of First Greater Western Limited? If you believe Southern and Gatwick Express are the same for the purposes of condition 10, you must say First Great Western and Heathrow Connect are the same.
It's totally relevant. You'll notice this discussion is taking place in a board entitled "Fares, Tickets & Routeing" - not Fantasy Fare Validity!

I have formed an answer but I've no intention of answering within this thread since it's irrelevant.
Why?

How does this scenario differ from Southern and Gatwick Express?
Seriously, you see no difference between Heathrow Connect/FGW and Gatwick Express/Southern?

Could you please find me a reference to FGW on HC's website or vice versa?

Could you please find me a routemap or any other public printed document showing the association?

Could you please find me a direct HC-served origin to HC-served desination ticket (with operator restrictions) which is likely to cause an issue on a daily basis?

Could you please tell me at what point Gatwick Express stops being run by a state-tendered TOC and starts being operated by a private company?

I put it to you that you are abstracting the debate by continually trying to draw comparison between GX and HC when few real-world comparisons exist.

I ask you, once again, to answer other people's comments around why GA accept NXEA/GA only tickets on Stansted Express given the much greater level of similarity!
 

hairyhandedfool

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It's totally relevant. You'll notice this discussion is taking place in a board entitled "Fares, Tickets & Routeing" - not Fantasy Fare Validity!....

Pray tell, aside from somehow confusing 'FGW Only' with 'Great Westn Only' (there is no real difference there though), what have I made up in regard to First Great Western and Heathrow Connect?

....I have formed an answer but I've no intention of answering within this thread since it's irrelevant....

And your refusal to give it (I was really only after a definitive yes or no truth be known) suggests that actually the answer in your eyes is different to that of Southern and Gatwick Express, which forms a contradiction in regard to NRCoC condition 10.

....Seriously, you see no difference between Heathrow Connect/FGW and Gatwick Express/Southern?

In regard to NRCoC condition 10? No, no difference at all, I fail to see why you do. Whichever way you read the NRCoC, the same answer must apply in both cases.

....Could you please find me a reference to FGW on HC's website or vice versa?....

Only if you show me where in the NRCoC it says the validity of a ticket in regard to the use of the services of particular train companies can be determined by such a reference.

....Could you please find me a routemap or any other public printed document showing the association?....

National Rail Conditions of Carriage - Appendix C said:
First Greater Western Limited (trading as First Great Western)
First Greater Western Limited (trading as Heathrow Connect, on services towards or from
Heathrow Airport, between Hayes & Harlington and London Paddington ONLY)

....Could you please find me a direct HC-served origin to HC-served desination ticket (with operator restrictions) which is likely to cause an issue on a daily basis?....

I don't need to, rail tickets are valid by any operator over a permitted route for the ticket provided where no train company restriction or prohibition is shown on the ticket. In cases where a train company restriction or prohibition is shown, the ticket user should abide by that restriction or prohibition in addition to the routes permitted by the ticket.

Therefore any First Greater Western Limited specific ticket to stations between Southall and London Paddington (inclusive) should be valid by Heathrow Connect according to popular opinion on here (whether I agree with it or not).

...Could you please tell me at what point Gatwick Express stops being run by a state-tendered TOC and starts being operated by a private company?....

Relevance?

....I put it to you that you are abstracting the debate by continually trying to draw comparison between GX and HC when few real-world comparisons exist....

Really?

So taking Brucey's example (so you can see I am not making it up as I go along) of travelling from Ealing Broadway, and we'll go to, I don't know, Plymouth, deep in FGW territory. Are you saying I can't use Heathrow Connect into Paddington to join a booked service to Plymouth on a First Greater Western Limited specific ticket?

Would you like to show me where it says that in the terms and conditions of the ticket?

Is that enough of a real world example or would you like me to look at another?

....I ask you, once again, to answer other people's comments around why GA accept NXEA/GA only tickets on Stansted Express given the much greater level of similarity!

AFAIAA, one person has made note of that, just one, so hardly 'other people's comments' and if you care to look it was in a response to one of my questions (to someone else, but I'm really not bothered about it) after which I quoted it and asked a related question.

I would also point out that you have not asked me to comment on that previously in this thread, so I don't understand your 'once again' comment. You have to have asked it atleast once already to be asking it once again. However, if you want a quote about it, the NRCoC details how a restriction to or prohibition from the services of a particular train company should be shown and defines a train company.

National Rail Conditions of Carriage said:
10. Tickets valid only in trains of particular Train Companies

The validity of a ticket may:

a) be restricted to; or
b) prohibit

travel in the trains of a particular Train Company or Train Companies. Any such restriction
or prohibition will be shown on the ticket. If you travel in a train with a ticket that is not
valid, the relevant parts of Condition 2 or 4 will apply. If you are unable to use a ticket or
any part of it, you may be able to claim a refund under Condition 26 or Condition 36.

....

“Train Company” means a company operating passenger railway services which
is required to apply these Conditions to its tickets under a condition of the
Passenger Licence granted to it by the Office of Rail Regulation. A list of these
companies can be found in Appendix C. “Train Companies” means all or more
than one of these Companies;

....

LIST OF TRAIN COMPANIES AT OCTOBER 2011

Arriva Trains Wales/Trenau Arriva Cymru Limited
c2c Rail Limited
East Coast Main Line Company Limited (trading as East Coast)
East Midlands Trains Limited
First Capital Connect Limited
First Greater Western Limited (trading as First Great Western)
First Greater Western Limited (trading as Heathrow Connect, on services towards or from
Heathrow Airport, between Hayes & Harlington and London Paddington ONLY)

First ScotRail Limited (trading as Scotrail)
First/Keolis TransPennine Limited (trading as TransPennine Express)
Grand Central Railway Company Limited (trading as Grand Central)
Hull Trains Company Limited
London & Birmingham Railway Limited (trading as London Midland)
London Overground Rail Operations Limited
London & South Eastern Railway Limited (trading as Southeastern)
London Eastern Railway Limited (trading as National Express East Anglia)
London Eastern Railway Limited (trading as Stansted Express)
Merseyrail Electrics 2002 Limited
Southern Railway Limited (trading as Southern)
Southern Railway Limited (trading as Gatwick Express)
Northern Rail Limited
Stagecoach South Western Trains Limited (trading as South West Trains)
Stagecoach South Western Trains Limited (trading as Island Line)
The Chiltern Railway Company Limited
West Coast Trains Limited (trading as Virgin Trains)
XC Trains Limited (trading as CrossCountry)....

I have highlighted all six trading names mentioned in this thread for clarity (noting that London Eastern Railway Limited and National Express East Anglia have been replaced by Abellio Greater Anglia Limited and Greater Anglia respectively since the list was compiled in October 2011).

If you could show me where in that text Greater Anglia (NXEA as was) is a greater similarity to Southern/Gatwick Express than First Great Western/Heathrow Connect, I would really appreciate it.
 

yorkie

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So taking Brucey's example (so you can see I am not making it up as I go along) of travelling from Ealing Broadway, and we'll go to, I don't know, Plymouth, deep in FGW territory. Are you saying I can't use Heathrow Connect into Paddington to join a booked service to Plymouth on a First Greater Western Limited specific ticket?.
I think the route would be "+AP SLOUGH" however I think that FGW Only / Great Westn Only tickets would be valid on Heathrow Connect but I can't find any tickets where this scenario could apply so it is highly hypothetical. Heathrow Connect is a name for a service that technically changes TOC at Hayes & Harlington as a fudge so that it shows as a through service. It is not comparable to Gatwick Express, but the arrangement is certainly complicated and it would be far better if the trains were advertised as FGW services. The only direct, valid comparison I can think of with Gatwick Express is the Stansted Express.
 

WillPS

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Pray tell, aside from somehow confusing 'FGW Only' with 'Great Westn Only' (there is no real difference there though), what have I made up in regard to First Great Western and Heathrow Connect?
That isn't what I said. You refused to come up with a suggestion claiming it was irrelevant, I challenged that and you're now taking that out of context.


And your refusal to give it (I was really only after a definitive yes or no truth be known) suggests that actually the answer in your eyes is different to that of Southern and Gatwick Express, which forms a contradiction in regard to NRCoC condition 10.
Not so.



In regard to NRCoC condition 10? No, no difference at all, I fail to see why you do. Whichever way you read the NRCoC, the same answer must apply in both cases.
I wish you'd stop reducing it down the the NRCoC. It is not the only determinant in the contract; you can't state something openly in publicity and then completely disregard that fact in the smallprint of a contract; nor can you redefine words like contract.

Only if you show me where in the NRCoC it says the validity of a ticket in regard to the use of the services of particular train companies can be determined by such a reference.
So I take from that TOCs can claim whatever they like in their publicity so long as they suitably undermine it in the smallprint of a contract? Not sure I could find a judge who agrees with you there...


Really?

So taking Brucey's example (so you can see I am not making it up as I go along) of travelling from Ealing Broadway, and we'll go to, I don't know, Plymouth, deep in FGW territory. Are you saying I can't use Heathrow Connect into Paddington to join a booked service to Plymouth on a First Greater Western Limited specific ticket?

Would you like to show me where it says that in the terms and conditions of the ticket?

Is that enough of a real world example or would you like me to look at another?
I don't need to, rail tickets are valid by any operator over a permitted route for the ticket provided where no train company restriction or prohibition is shown on the ticket. In cases where a train company restriction or prohibition is shown, the ticket user should abide by that restriction or prohibition in addition to the routes permitted by the ticket.
So, there are none.

That's interesting, because the point of this thread is to discuss point-to-point ticket sales on a high-intensity route which are erroneously sold (and instantly refunded on request). Forgive me for thinking that no such problem exists on Heathrow Connect. Clearly the Ealing Broadway example is similar in every regard.

Therefore any First Greater Western Limited specific ticket to stations between Southall and London Paddington (inclusive) should be valid by Heathrow Connect according to popular opinion on here (whether I agree with it or not).

I am not commenting as I do not believe the situations are comparable (I think I've articulated my reasoning behind that relatively well!). An operation which is comparable is Greater Anglia/Stansted Express, and they do honour GA only tickets.

Relevance?
The relevence is that HC is to all intents and purposes a private service - GX isn't. FGW from what I can tell have no real contribution to the service and there is no publicity that implies they are one and the same.

AFAIAA, one person has made note of that, just one, so hardly 'other people's comments' and if you care to look it was in a response to one of my questions (to someone else, but I'm really not bothered about it) after which I quoted it and asked a related question.

I would also point out that you have not asked me to comment on that previously in this thread, so I don't understand your 'once again' comment. You have to have asked it atleast once already to be asking it once again. However, if you want a quote about it, the NRCoC details how a restriction to or prohibition from the services of a particular train company should be shown and defines a train company.
My bad - so many topics in here on the same subject that I forget which is which. I still don't see where you've commented on GA/SX compared to SR/GX though.

I have highlighted all six trading names mentioned in this thread for clarity (noting that London Eastern Railway Limited and National Express East Anglia have been replaced by Abellio Greater Anglia Limited and Greater Anglia respectively since the list was compiled in October 2011).

If you could show me where in that text Greater Anglia (NXEA as was) is a greater similarity to Southern/Gatwick Express than First Great Western/Heathrow Connect, I would really appreciate it.
Definitively:
  1. I do not accept that list as a complete set of defining factors of a TOC.
  2. I do not accept that the NRCoC is the only relevant document, particularly given the level to which Southern have publicly highlighted that GX is a part of the Southern network; "operated by Southern" etc.
  3. I do not accept that any consumer contract has the authority to redefine "company" as effectively "trading name". If they want to restrict tickets by trading names they need to reword the contract as such but: -
  4. I do not accept that the NRCoC actually attempts to redefine the word "company" - they provide a listing of which trading name belongs to which company (since it is not always obvious).
 

hairyhandedfool

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That isn't what I said. You refused to come up with a suggestion claiming it was irrelevant, I challenged that and you're now taking that out of context....

I'm sorry, I mis-interpreted your "You'll notice this discussion is taking place in a board entitled "Fares, Tickets & Routeing" - not Fantasy Fare Validity!" comment rather differently than you seem to be saying it should have been taken, that being so I apologise for any confusion I may have caused.

....Not so....

Prove it.

....I wish you'd stop reducing it down the the NRCoC. It is not the only determinant in the contract; you can't state something openly in publicity and then completely disregard that fact in the smallprint of a contract; nor can you redefine words like contract....

So if I buy a ticket from a railway station, where can I find the terms and conditions for it?

....So I take from that TOCs can claim whatever they like in their publicity so long as they suitably undermine it in the smallprint of a contract? Not sure I could find a judge who agrees with you there....

I believe the ASA might have something to say about it, but IANAL, so I don't think I am in a position to comment on that. However, the NRCoC is part of the contract between passenger and train company, whether you like it or not.

....So, there are none.

That's interesting, because the point of this thread is to discuss point-to-point ticket sales on a high-intensity route which are erroneously sold (and instantly refunded on request). Forgive me for thinking that no such problem exists on Heathrow Connect. Clearly the Ealing Broadway example is similar in every regard....

I'm sorry, I thought we were discussing it, in particular the aspect on validity of the ticket held by the passenger (this being the reason for the supplement being sold in the first place). Don't tell me I've gotten this thread confused with another.

....I am not commenting as I do not believe the situations are comparable (I think I've articulated my reasoning behind that relatively well!). An operation which is comparable is Greater Anglia/Stansted Express, and they do honour GA only tickets....

Well I guess I'll just have to take that in the only way I can, you don't want to answer the question, fine by me, I can tell what that really means.

....The relevence is that HC is to all intents and purposes a private service - GX isn't. FGW from what I can tell have no real contribution to the service and there is no publicity that implies they are one and the same....

So how does the fact that it is or is not a private company change the conditions of the ticket as noted in the NRCoC?

....My bad - so many topics in here on the same subject that I forget which is which. I still don't see where you've commented on GA/SX compared to SR/GX though....

We can all make mistakes I guess.

I asked, if two trading names were used, would one be sufficient to define all services by the company to whom the trading name applied. Yorkie quoted me and said yes and named Greater Anglia as an example of that. I then quoted him and asked if he also believed First Greater Western was the same. That's not ignoring the comment, it is responding directly to it.

....Definitively:
  1. I do not accept that list as a complete set of defining factors of a TOC.
  2. I do not accept that the NRCoC is the only relevant document, particularly given the level to which Southern have publicly highlighted that GX is a part of the Southern network; "operated by Southern" etc.
  3. I do not accept that any consumer contract has the authority to redefine "company" as effectively "trading name". If they want to restrict tickets by trading names they need to reword the contract as such but: -
  4. I do not accept that the NRCoC actually attempts to redefine the word "company" - they provide a listing of which trading name belongs to which company (since it is not always obvious).

What you accept is largely irrelevant. Every ticket issued is subject to the National Rail Conditions of Carriage, even those sold online. If you are in any doubt about that, read the ticket stock the ticket is issued on. If you can see, in that document, mention of "train operating company" then feel free to find a definition for it.

What other documents define the contract between train company and passenger with regard to the services they can use?

I don't claim that a consumer contract is redefining "company" as anything, I never have, I have repeatedly stated this, I really don't know how many times I have to say it before it sinks in.

I don't claim the NRCoC redefines the word "company", I never have, I have repeatedly stated this, I really don't know how many times I have to repeat this before that sinks in either.

The NRCoC uses a term, that term is "train company", the NRCoC defines that term to avoid confusion (allegedly).
 

Skymonster

Established Member
Joined
7 Feb 2012
Messages
1,743
Originally Posted by National Rail Conditions of Carriage
10. Tickets valid only in trains of particular Train Companies

The validity of a ticket may:

a) be restricted to; or
b) prohibit

travel in the trains of a particular Train Company or Train Companies. Any such restriction
or prohibition will be shown on the ticket. If you travel in a train with a ticket that is not
valid, the relevant parts of Condition 2 or 4 will apply. If you are unable to use a ticket or
any part of it, you may be able to claim a refund under Condition 26 or Condition 36.

....

“Train Company” means a company operating passenger railway services which
is required to apply these Conditions to its tickets under a condition of the
Passenger Licence granted to it by the Office of Rail Regulation. A list of these
companies can be found in Appendix C. “Train Companies” means all or more
than one of these Companies;

....

LIST OF TRAIN COMPANIES AT OCTOBER 2011

Southern Railway Limited (trading as Southern)
Southern Railway Limited (trading as Gatwick Express)

Seems totally unambiguous to me... Southern Railway Limited trade as Southern and Gatwick Express.

As tickets may be restricted to a company (not to a trading name) the company is Southern Railway Limited, any ticket marked "Southern only" must be valid on either Southern Railway Limited (trading as Southern) or on Southern Railway Limited (trading as Gatwick Express) because the company is Southern Railway Limited - the fact that it has two lines in the NRCoC to identify two brands it operates under doesn't mean there are two companies.

Andy
 

MarkyMarkD

Member
Joined
1 Dec 2009
Messages
504
Location
Cliftonville, Margate, Kent
Presumably Southern Railway Limited would argue that it's not just a title: it also has bigger seats, and more accessible luggage space, or some such. Which makes it, as I suggested above, arguably akin to the erstwhile Brighton Belle.
However, as far as I know, modern "27 fares from A to B" practice does not seem to allow a simple supplement for using an (allegedly) superior train.
By the way, is it still the case that a train labelled Gatwick Express can turn up to operate a service for which Southern Railway Limited uses the trading name Southern, such as a Brighton to Victoria? If so, that further weakens any argument Southern Railway Limited might have for not accepting SOUTHERN ONLY tickets on trains it operates using the trading name Gatwick Express.
Surely HS1 is the best parallel to this?

"High Speed" is without dispute a "route brand" of Southeastern. There are lots of tickets which say "Not HS1" as their routeing.

But, interestingly, "not HS1" doesn't mean what most people (outside this forum) think - it doesn't mean you can't catch "High Speed" trains. It means you cannot travel on the HS1 section of track, which in practice means between Gravesend and St Pancras. You can perfectly happily travel on HS trains as far (from the Kent coast) as Gravesend, with a "not HS1" ticket.

But despite the fact that the HS1 supplement covers the same distance, from Gravesend to St Pancras, it costs different amounts from almost every station in north Kent!

[I know that HS1 tickets also covers a greater length of HS1 track, from Ashford Intl to St Pancras, but the supplements on this route are unsurprisingly quite a lot higher].

Anyway, the point of all that was that travelling in a nicer train isn't, ever, a justification for a higher fare, anywhere other than on GX.
 

dvboy

Established Member
Joined
6 Sep 2011
Messages
1,939
Location
Birmingham
Not really comparable as HS1 takes a different route whereas GX takes the same route just with trains with a different name on the side.

For consistency, "HS1" or "NOT HS1" on a ticket should really be "VIA EBBSFLEET INTL" or "NOT VIA EBBSFLEET INTL"
 
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