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Worth pursuing with Ombudsman?

Caroline_08

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BELOW IS THE E-MAIL I SENT TO LNER ON APRIL 15th – IT MAKES MY SITUATION CLEAR.
AT THE BOTTOM I ASK A SIMPLE QUESTION; ALL ADVICE GRATEFULLY RECEIVED.
……..

On 2nd April, my 12-year-old son and I arrived at KingsX a good 40 minutes in advance of our 11:27 departure to Edinburgh.
On the departure board we couldn’t see a departure for Edinburgh at 11:27 - only 11:30. (The only departure visible for 11:27 was to Cambridge.)
I spotted a group of 3 or 4 gentlemen with signs on the backs of their tabards saying ‘Passenger Assistance’ (or something like that).
I explained our confusion to one of them, and he told me that it was ok - the 11:30 for Edinburgh was the one we needed.

When the platform was announced (for the 11:30 train), we headed over. We looked for Coach D, as per our reservation, but couldn’t find it …. We asked an employee (an LNER employee, standing right beside the train) what had happened to Coach D? He said there must have been a change, some confusion, and told us not to worry, we could just sit in any seat with a green light above it.

He was very nice, and again I voiced my concern about the timing and showed him our tickets on my phone; again he said it was a change and not to worry - he even apologised for the confusion.

It was only once the train was moving and the ticket inspector came around that we realised what had happened - this was an LNER train, and we should have been on a ‘Grand Central’ train (which had been scheduled to depart at 11:27).

The inspector said we needed to pay £298 for on-the-day fares!

I opted not to pay, and appeal instead, on the following grounds:

>2 members of rail staff - a KingsX employee, AND AN LNER EMPLOYEE - told me that the 11:30 LNER train was the correct one.
Given the TWO slightly disconcerting anomalies (time / coach) I would not have boarded the train without asking questions.

>Please use your discretion. Clearly we were not fare dodgers! This incident aside, I am a good LNER customer – for example, yesterday I took your 12:00 train from KingsX back to Edinburgh.

>We have a confusing system in which the honest consumer is very likely to get into trouble - on the day in question, we had two different operators leaving the same station at almost exactly the same time, following the same route, arriving in the same destination at almost exactly the same time.

Having purchased on thetrainline.com, our tickets to London were LNER, so we naturally assumed we’d return on same – since this incident I have registered with LNER and have resolved to only buy my tickets from there.

>Our original return booking totalled £143, so call it £75 each way - if it had been much more than this I wouldn't have been able to afford it, and would have driven instead. With the cost of living crisis, £333 is very much in excess of what I can afford.

>Given climate change, people should be encouraged to use active travel – creating such a scenario in which honest and well-meaning people are bound to make mistakes, and then harshly penalising them when they do, will discourage people from using active travel.

THANK YOU FOR YOUR CONSIDERATION.
……..

Since sending this in, I have had a bit of a back and forth between myself and LNER.
First, they raised the penalty (I know it’s not technically a penalty, but it certainly feels like one!) to £333.
…. Then it was escalated, and I have been offered a compromise, I would only need to pay £169.
The Rail Omubsman has also been mentioned as an option.
SO, MY QUESITON IS – IS IT WORTH PURSUING WITH THE OMBUDSMAN?

And incidentally, since this happened and I have discussed with friends – none of them had heard of ‘Grand Central Trains’! They are new operators on this route right? Must be very annoying for LNER. The body language of the inspectors on the day suggested this was a regular occurrence.
 
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AlterEgo

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What, exactly, did you ask of the member of staff about the train to Edinburgh?

You weren’t looking for a train to Edinburgh anyway. Grand Central don’t go there. That’s why you couldn’t see it. The 1127 is a Grand Central train to Sunderland. They have been operating on the route for 17 years. Where were you travelling to?

I’m beginning to suspect you asked the wrong question of the member of staff I’m afraid as your letter revolves around Edinburgh yet you almost certainly weren’t travelling there.
 

Caroline_08

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Only for the last 15(?) years.

What, exactly, did you ask of the member of staff about the train to Edinburgh?

You weren’t looking for a train to Edinburgh anyway. Grand Central don’t go there. That’s why you couldn’t see it. The 1127 is a Grand Central train to Sunderland. They have been operating on the route for 17 years. Where were you travelling to?

I’m beginning to suspect you asked the wrong question of the member of staff I’m afraid as your letter revolves around Edinburgh yet you almost certainly weren’t travelling there.

What, exactly, did you ask of the member of staff about the train to Edinburgh?

You weren’t looking for a train to Edinburgh anyway. Grand Central don’t go there. That’s why you couldn’t see it. The 1127 is a Grand Central train to Sunderland. They have been operating on the route for 17 years. Where were you travelling to?

I’m beginning to suspect you asked the wrong question of the member of staff I’m afraid as your letter revolves around Edinburgh yet you almost certainly weren’t travelling there.
Sorry, I must clarify …



Like I said, train down was LNER direct.

Only now do, I realise that the Grand Central option would have been having me change at Newcastle - which would have had me arriving in Edinburgh at almost exactly the same time as the LNER train I ended up on.

This is probably why my friends hadn’t heard of Grand Central.



I KNOW I should examined ticket more closely.

But like I said I travelled down on LNER so assumed I would be returning on same.

(I won’t be using TrainLine again).



TWO members of staff told me it was the correct train …



Please could you assist by answering my question - worth pursuing with the Ombudsman?

Only for the last 15(?) years.
Sorry, I must clarify …



Like I said, train down was LNER direct.

Only now do, I realise that the Grand Central option would have been having me change at Newcastle - which would have had me arriving in Edinburgh at almost exactly the same time as the LNER train I ended up on.

This is probably why my friends hadn’t heard of Grand Central.



I KNOW I should examined ticket more closely.

But like I said I travelled down on LNER so assumed I would be returning on same.

(I won’t be using TrainLine again).



TWO members of staff told me it was the correct train …



Please could you assist by answering my question - worth pursuing with the Ombudsman?

Only for the last 15(?) years.
Sorry, I must clarify …



Like I said, train down was LNER direct.

Only now do, I realise that the Grand Central option would have been having me change at Newcastle - which would have had me arriving in Edinburgh at almost exactly the same time as the LNER train I ended up on.

This is probably why my friends hadn’t heard of Grand Central.



I KNOW I should examined ticket more closely.

But like I said I travelled down on LNER so assumed I would be returning on same.

(I won’t be using TrainLine again).



TWO members of staff told me it was the correct train …



Please could you assist by answering my question - worth pursuing with the Ombudsman?
 
Last edited:

greyman42

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Only now do, I realise that the Grand Central option would have been having me change at Newcastle - which would have had me arriving in Edinburgh at almost exactly the same time as the LNER train I ended up on.
Grand Central do not go to Newcastle. Did you mean changing at Sunderland and Newcastle?
 

skyhigh

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Regardless of anything else, from previous reports here the Ombudsman is about as much use as a chocolate teapot so I wouldn't hold out much hope.
 

WesternLancer

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ref your question about the Ombudsman - I would think there can be no harm in going to them (unless the risk of the financial penalty to LNER could increase? which i am not sure about but forum experts will have a view) I would say that from observing this forum the Ombudsman has a poor reputation amongst forum regulars / experts and the Ombudsman is often accused of simply accepting the railway company's stance on the issue - eg see post#7 for a good example. So it may not result in the outcome you might hope for.

The problem you experienced does crop up in one form or another on this forum fairly regularly I'm afraid.

In terms of recent start of operations you may be thinking of 'Lumo' - which does run a London - Edinburgh competing service with LNER and started in the last few years. The problem of people getting on LNER trains with Lumo only tickets happens and there are cases on this forum - not that that helps you very much.

Not much help now but I suspect that unless you ask a member of staff in the following manner "I have this ticket (insist on showing it to the staff), can you advise me if I can use it on xx train?" * (and for good measure ask them their name and job title - which I realise no one would ever do in such circs - your problem is that they answered a question that was not the one you needed to ask.

You have my sympathy.

*EDIT: I see the OP did show a ticket to a member of platform staff...
 
Last edited:

kraiken

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Checking National Rail for tomorrow shows an 1127 departure from KGX to EDB changing at York so it's a valid journey, just not direct.
 
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On the departure board we couldn’t see a departure for Edinburgh at 11:27 - only 11:30. (The only departure visible for 11:27 was to Cambridge.)
I spotted a group of 3 or 4 gentlemen with signs on the backs of their tabards saying ‘Passenger Assistance’ (or something like that).
I explained our confusion to one of them, and he told me that it was ok - the 11:30 for Edinburgh was the one we needed.
By your own admission, you were looking for a train to Edinburgh, not having realised that your itinerary involved a change, and so it does seem likely that this expectation will have influenced the discussion with the Kings Cross staff.

In terms of the likelihood of the ombudsman coming down on your side, I suspect that much will depend on how credible it is that your TrainLine tickets, reservations, etc, weren't clear enough about the itinerary you'd bought - as above, the change will have been at York.
 

AlterEgo

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Like I said, train down was LNER direct.

Only now do, I realise that the Grand Central option would have been having me change at Newcastle
Grand Central don't go to Newcastle. The change would have been somewhere like York. Have you actually looked at your tickets and booking confirmation? Which trains did you actually book?
I KNOW I should examined ticket more closely.

But like I said I travelled down on LNER so assumed I would be returning on same.

(I won’t be using TrainLine again).

TWO members of staff told me it was the correct train …
They were directing you to a train for Edinburgh, I'm sure. You misread your tickets/booking confirmation and didn't actually know the destination of the train you were looking for. There is no harm in going to the Ombudsman, but they will probably not rule in your favour. Ultimately, it looks like an unfortunate miscommunication; you say you showed the tickets to the second member of staff, but we're ending up in "he said she said" territory. The Ombudsman will, I'm afraid, likely take the view that LNER acted correctly in asking you to purchase new tickets, as you were on their train without a valid ticket for it.

I'm not unsympathetic but your ticket and booking confirmation would clearly have stated where you were travelling from and to, the departure time was correct and all the information was there for you to board the right train. The price of the new tickets seems high, but I think you will get more joy from trying to ask to pay the off peak rates for your tickets, enclosing a cheque for that amount and saying you trust it covers your liability to them.

Do you have a copy of the Unpaid Fare Notice to hand, and the correspondence you have received so far? Please post them, if so, with your details removed.
 

Iskra

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Staff are only as good as the information they are given. If you give them dubious information, you will get corrupted information back.

Unfortunately, I think you are likely to get nowhere with this, but there is no harm in trying.
 

Brissle Girl

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One interesting point. I'm trying to work out how the fare demanded of £298 is calculated.

An Anytime single to York is 168.10 (A) 84.05 (C) which totals 252.15. Surely that's the maximum which should have been charged, as the OP had valid tickets from York onwards. (I'm assuming that they had the 13 minute connection onto the 1130 which they were on.) The guard appears to have used the fare to Edinburgh, which does total £298. Surely that's wrong?

It also appears grossly unfair that by virtue of catching the wrong operator's train, you pay the Anytime Single fare, whereas if you are on the correct operator but wrong service you pay the lowest available fare for that journey, which would have been the Super Off Peak Single at 71.10/35.85. Them's the rules I guess, but given most people find themselves in that position by mistake, it does feel unjust to differentiate in that way.
 
Last edited:

Mcr Warrior

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Checking National Rail for tomorrow shows an 1127 departure from KGX to EDB changing at York so it's a valid journey, just not direct.
Indeed. That's the 1127 Grand Central train from KGX to Sunderland, which calls at York at 1317. Change at York for the XC train onward to Edinburgh. Arrive 1606.

Clearly, or perhaps not, neither of these TOCs are LNER.

I KNOW I should examined ticket more closely.
I think this is the nub of the problem.

@Caroline_08. Are you able to append a screenshot of the ticket/accompanying reservations/itinerary? What exactly had Trainline sold you in order to get the cheaper fare? Two lots of back-to-back advances, with a change of trains needed at York? The first ticket(s) routed "AP GC Only" and the other(s) routed "XC Only"?

Regardless of anything else, from previous reports here the Ombudsman is about as much use as a chocolate teapot so I wouldn't hold out much hope.
Are there any particular or relevant reasons why the Ombudsman might be persuaded to side with the OP?

The OP having asked the question "Is this the next train for Edinburgh" (or very similar) might not have been quite the right question to ask?

Ultimately, the journey's been made with LNER, who haven't, as yet, received any fare revenue. Not hopeful of a favourable outcome to this, but you never know!
 

Tramfan

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One point I'd just make for future reference, is that Train company websites/apps sell tickets for all operators, so just beware that just because you've registered with LNER and are buying tickets through there, that doesn't necessarily mean you'd be travelling with them.
 

AlterEgo

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One point I'd just make for future reference, is that Train company websites/apps sell tickets for all operators, so just beware that just because you've registered with LNER and are buying tickets through there, that doesn't necessarily mean you'd be travelling with them.
The OP purchased their tickets on Trainline.
 

Tramfan

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The OP purchased their tickets on Trainline.
They did, but they also said that they've now registered with LNER and resolved to only buy tickets from there from now on, so just making sure they're aware that just because they're buying through LNER, doesn't necessarily mean they'll be travelling with them.
 

SteveM70

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We asked an employee (an LNER employee, standing right beside the train) what had happened to Coach D? He said there must have been a change, some confusion, and told us not to worry, we could just sit in any seat with a green light above it.

He was very nice, and again I voiced my concern about the timing and showed him our tickets on my phone; again he said it was a change and not to worry - he even apologised for the confusion.

Now I know that proving this is interaction is the difficult bit, but this OP seems to have gone further than some others we’ve seen from in the past, and actually shown their tickets rather than just asking “is this the Edinburgh train?” or similar
 

Adam Williams

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LNER probably deal with set swaps to/from IC225 to Azumas at reasonably short notice. Against this backdrop, I can see where the "there must have been a change" might have come from when questioned about a coach D
 

pedr

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Now I know that proving this is interaction is the difficult bit, but this OP seems to have gone further than some others we’ve seen from in the past, and actually shown their tickets rather than just asking “is this the Edinburgh train?” or similar
This is true but - even though it may not be terribly passenger-friendly - I’m not sure that being misinformed about the validity of a ticket actually excuses someone travelling on the wrong train from purchasing a valid ticket, even if they could avoid a byelaw prosecution.
 

1ab

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Slightly off topic here but do the rail ombudsman charge a fee from the Toc when they receive over an 'x' amount of cases per year?
 

X-City-WM

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From the sound of things, I would say the complaint shouldn't be with LNER, but with TrainLine for not making it clear when OP purchased a ticket to Edinburgh, that their tickets weren't for the 12:30 Edinburgh train but meant catching a 12:27 train towards Sunderland and changing at York.

If the tickets only say London Kings Cross to Edinburgh with no further details of the itinerary, that could be a case to pursue with TrainLine.
 

AlterEgo

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From the sound of things, I would say the complaint shouldn't be with LNER, but with TrainLine for not making it clear when OP purchased a ticket to Edinburgh, that their tickets weren't for the 12:30 Edinburgh train but meant catching a 12:27 train towards Sunderland and changing at York.
The OP was on the 1127. I find it difficult to believe the booking confirmation wouldn't state what was booked. I've booked connecting itineraries with Trainline before and the emails they send you are really clear.

Trainline comes up for a lot of criticism but the website is very clear with this itinerary; it comes up with the correct departure time (1127), shows there is one change, and shows the two train companies involved and their logos (Grand Central and XC). None of this information is hidden.

The OP simply hasn't looked at what they're buying or what they bought after the event, and even now, after making the complaint, they still haven't read they were changing at York and not Newcastle. All of this information will be abundantly clear on the booking confirmation; they're not hard to read. Even this part of the OP's complaint is frustratingly ill-informed:

on the day in question, we had two different operators leaving the same station at almost exactly the same time, following the same route, arriving in the same destination at almost exactly the same time.

...no! The 1127 is for Sunderland, is not the same route, or destination! How can you still be labouring under this misunderstanding if you have read your booking confirmation? Would that not be the first thing you did, even when being challenged on the train?
 

Tetchytyke

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I can’t go back that far on Real Time Trains, but a question for the audience: do we know if the Grand Central train at 11.27 operated on 2 April? They’re not exactly the most reliable of operators…
 

Brissle Girl

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It did, and left Kings Cross 16 minutes late, so ironically 13 mins after the train the OP mistakenly caught. Link to RTT below.

(Note, to get this, I just edited the URL for the date required from today's working.)

 

SteveM70

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I can’t go back that far on Real Time Trains, but a question for the audience: do we know if the Grand Central train at 11.27 operated on 2 April? They’re not exactly the most reliable of operators…

Yes it did, albeit leaving 15 late
 

Haywain

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I can’t go back that far on Real Time Trains, but a question for the audience: do we know if the Grand Central train at 11.27 operated on 2 April? They’re not exactly the most reliable of operators…
Yes, it did run.
 

WesternLancer

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Yes it did, albeit leaving 15 late
Which is really bad news for the op as they had plenty of time to catch it if any of the staff had checked what tickets they had and directed them to the correct train. Or if the op had checked their own ticket carefully enough.
 

Belperpete

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It did, and left Kings Cross 16 minutes late, so ironically 13 mins after the train the OP mistakenly caught. Link to RTT below.

Not what the OP claimed:
On the departure board we couldn’t see a departure for Edinburgh at 11:27 - only 11:30. (The only departure visible for 11:27 was to Cambridge.)
 

gray1404

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Is there a possibility it wasn't on the board when the OP first checked as a platform hadn't been allocated?
 

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