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Court rules in favour of passenger using a permitted route

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tractakid

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Absolutely ridiculous how this has changed. The easement is barring a very reasonable route, in my opinion. Instead of one change (walk) at St Albans, customers are now made to change at Watford Junction, Willesden Junction, and West Hampstead to get to St Pancras.
 
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talltim

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Absolutely ridiculous how this has changed. The easement is barring a very reasonable route, in my opinion. Instead of one change (walk) at St Albans, customers are now made to change at Watford Junction, Willesden Junction, and West Hampstead to get to St Pancras.

Is Euston-St Pancras not a walking route? <D
 

bakerstreet

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So now we know the danger of winning in court! 'Court rules in favour of passenger'. Passenger still loses in the end. Has any justice been won here?!!
 

CNash

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Yes, I can't help but think that this is a rotten outcome for the passenger. Fair enough, this chap's had his day in court and extracted £2000 from FCC, but that figure is insignificant compared to the amount that they and the other TOCs will make from this "closing of loopholes" due to other passengers now having to buy more expensive tickets.

Not to mention the increased chance of prosecution settlements from people who aren't aware of these changes and continue to buy their usual tickets. What happens to people who have a specific season ticket for the purpose of using an uncommon route that's now no longer permitted? Is it simply a case of the route they took yesterday potentially getting them into trouble today?

Heads I win, tails you lose.
 
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jon0844

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That ultimately happened when FCC stopped (and denied any knowledge of) ever having allowed people on the GN line to combine a Z1-6 Travelcard (Hadley Wood being the boundary) with a point to point ticket beyond - and use on trains that didn't stop at Hadley Wood (i.e. all trains bar the stoppers from WGC and a tiny selection of others).

As I'd long lost the letter I had, and nobody via the 'meet the directors' forum had any knowledge after Elaine Holt had long gone (and FCC went through a spell of changing staff quite frequently) - my ticket combination suddenly fell foul of condition 19 and it forced me to change my split, which later landed me in more trouble despite being 100% valid.

I'd be inclined to say that any season ticket holder should be allowed to continue using the ticket in exactly the same way until expiry, even if a rule was changed tomorrow. Of course, come renewal, it could still lead to an expensive price rise.
 

CyrusWuff

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I would suggest that tickets purchased prior to the changes to the Routeing Guide SHOULD still be honoured as if the changes hadn't happened, in the same way that passengers purchasing tickets more than four weeks prior to a fares change that results in a change to restrictions SHOULD have the less restrictive conditions applied.

Whether that would happen in reality, of course, remains to be seen...
 

yorkie

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As Roger Perkins seems to be the FCC expert on the validity of season tickets I have just sent him the following by email;

Dear Mr Perkins

Having seen your recent statements about the validity of certain season tickets I wonder if you could answer a quick question for me.

I live in St Albans and work in Borehamwood. I want to buy an annual season ticket to Elstree and Borehamwood valid via Thameslink services from St Albans City. After arriving at work in Borehamwood I often have to make other journeys around the London area by bus, tube and overground rail services. I notice that the cheapest ticket available which covers my requirements is the Watford North to Elstree and Borehamwood season with an added Zone 1 to 6 Travelcard for £3200. This ticket is helpfully suggested as an option by your online season ticket site.

I know that there has been publicity recently about a St Albans commuter travelling to London who bought the same Watford North ticket which First Capital Connect claim was invalid. However, your online season ticket site makes it clear that this ticket is perfectly valid for travel on trains from St Albans City to Elstree and Borehamwood, which makes sense as it is the obvious route from North Watford.

I understand the Travelcard element of the ticket is not regulated by First Capital Connect. But, before buying my season I just wanted your reassurance that I would not be prevented from using the North Watford ticket by your staff on my initial journey from St Albans City to Elstree and Borehamwood.

I hope you can give me your reassurance and look forward to travelling on First Capital Connect Thameslink services.

Regards.......



And for the cynics among you: I DO live in St Albans, DO work in Borehamwood and DO have to make journeys around London during the day!
Why bother? they will just say "no". They issued a memo to staff saying to refuse to accept tickets.

Just book it online. It's a valid route and the journey planner will offer it. Get an annual, you have evidence of a contract.

No need to take them to court - they would have to take you to Court if they want to stop you, and they are unlikely to do that, as you would have evidence in the form of a previous court ruling as well as a valid itinerary.
Why do you assume that FCC are wrong and the DfT are right?

In this case the DfT press office erroneously assumed that the DfT had to approve the change. They didn't, as it is an error correction, not a change to a historically permitted route. This route would never have been deemed 'reasonable' in BR days. So, to use your emotive language, it was the DfT that were lying.
It is a historically permitted route, and someone else at ATOC has already defined the permitted routes from origin to BZ6 as:
ATOC said:
Valid on all permitted routes (that do not pass through Zones 1-6 intermediately) to/from any outermost station in Zone 6; from the outer boundary of Zone 6 to/from the Origin/Destination
So, what are the permitted routes from Watford North to Elstree & Borehamwood? That includes via St Albans, doesn't it? ;)

If ATOC backtrack on this, we'll be considering our options very carefully indeed....

Is it an error or an unforeseen consequence?
To the TOCs, and unforeseen consequence IS an error. And they often throw a complete wobbler. If you're lucky they will 'only' collude with other TOCs and make demands of the DfT (who will usually - though not always - cave in). If you're unlucky you could be detained against your will or chucked off the train, or told that "I don't care what the Routeing Guide says" or "this is my train, bla bla you've not paid enough bla bla", threatened with BTP, reported to BTP as carrying a gun, or goodness knows what else (and no, none of the examples are made up!)

I know senior people in the industry are reading this and my plea to those reasonable ones among you is: work with us, not against us.

It certainly isn't the shortest route if you are going from Watford North to anywhere in zone 1. Also St Albans - St Albans Abbey isn't a direct interchange so the strict 'shortest route' interpretation doesn't necessarily count even for Elstree
It's a recognised interchange, and even if you say it's not the shortest route entirely by rail, as it's a valid interchange then the route does have a mileage, and if that's shorter than the shortest route entirely by rail, then arguably it's valid.

In any case the rules are that you take permitted routes from Watford North to Elstree & Borehamwood, and it's a mapped route via St Albans anyway.

So it's doubly valid based on mapped routes and, arguably (shorter than the) shortest route.

In BR days you would have been judged solely on whether your route choice was reasonable for the actual journey being undertaken.
Good job we did away with that then - with a legally binding contract, which the TOCs won't duck out of... oh, wait... bugger, they just change the rules to suit! :|
Does that somehow override the routeing guide? And has this change been approved by the DfT?
It does not. But FCC RPIs will no doubt bully people, as after all, who is going to afford a solicitor? They assume that people will not defend themselves in Court, and for 99% of cases, they are right, people won't! There's no ombudsman to make them stick to the rules. It's not like the banks, who have to act correctly. They can do what they want, and they do do what they want!

(And I struggle to see how anyone could claim successfully that the spur to Watford Junction appeared on map LB in error.)
Claim successfully? Who to? the DfT? (!) They will believe (almost) anything the TOCs tell them when it comes to "errors"

If anything, the error is in the way permitted routes for out-boundary Travelcards are derived from the permitted routes to boundary zone stations, rather than to London Terminals.
Not an error. It's intentional (though the consequence in this case may not be!).
Of course if the argument is that it's valid as it's the shortest route the instructions at the start of the routeing guide tell you there's no requirement to use the routeing guide so you'd never see that "easement".
Agreed. The shortest route to Elstree & Borehamwood is absolutely valid in the NRCoC with no need to consult the RG. The only caveat to this is anyone from St Albans using this would be best using a stopping train. On arrival at Elstree & Borehamwood, they can then start a fresh journey which they are permitted to do on their Season ticket. I am not saying non-stop trains aren't valid - I believe they are - but it's harder for FCC to argue against stoppers.
Absolutely ridiculous how this has changed. The easement is barring a very reasonable route, in my opinion. Instead of one change (walk) at St Albans, customers are now made to change at Watford Junction, Willesden Junction, and West Hampstead to get to St Pancras.
It's not enforceable though. You can get an itinerary - which is evidence of a contract, and if you get a stopper your journey can be to/from Elstree & Borehamwood anyway, which is not affected by a "easement" as it's the shortest route!
I would suggest that tickets purchased prior to the changes to the Routeing Guide SHOULD still be honoured as if the changes hadn't happened, in the same way that passengers purchasing tickets more than four weeks prior to a fares change that results in a change to restrictions SHOULD have the less restrictive conditions applied.

Whether that would happen in reality, of course, remains to be seen...
Totally agree, and additionally while shown in booking engines too.
 

michael769

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So now we know the danger of winning in court! 'Court rules in favour of passenger'. Passenger still loses in the end. Has any justice been won here?!!

Yes an innocent person was cleared or wrong doing. The case was about whether or not thee passenger complied with the rules that were in force at the time. Nothing more.
 
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HYPODERMIC

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Excuse me for my legal ignorance, and I certainly don't mean to accuse anyone of anything in what I am about to say, but if I have understood the story correctly, it appears to me that FCC have attempted to prosecute a man for fare evasion (fraud?) despite possibly knowing (via an exchange with ATOC) that the customer was not actually guilty of said offence.

Is the understanding above correct? I apologise if I have misunderstood the sequence of events and the actions of FCC.

Without wanting to suggest anything untoward - as I am genuinely unsure of both the court process regarding revenue protections and the law regulating said process - is it legal to seek damages from a defendant despite knowing they are innocent?

I am not trying to imply any accusation about First Capital Connect, I am only seeking to clarify my understanding of the law and the sequence of events as reported.
 
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Paul Kelly

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I don't think that is an accurate summing up. As I understand FCC did not attempt to prosecute the passenger (because he bought a new ticket when challenged). It was him who then took court action against FCC (rather than the other way around) to recover the cost of this unnecessary ticket. Very different from the usual cases discussed on here, and quite a novel idea (or so it seems to me, anyway).
 

maniacmartin

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Excuse me for my legal ignorance, and I certainly don't mean to accuse anyone of anything in what I am about to say, but if I have understood the story correctly, it appears to me that FCC have attempted to prosecute a man for fare evasion (fraud?) despite possibly knowing (via an exchange with ATOC) that the customer was not actually guilty of said offence

That is not how I understand it. I believe he bought an annual ticket, but was refused travel on what was then a permitted route, so had to buy new ticket(s). The passenger then filed a civil case against FCC for the cost of the old ticket, for effectively breach of contract.

FCC then claimed the ticket was not valid in court, but emails between FCC and ATOC were revealed where they both privately concluded that the ticket was valid, despite their claims otherwise in court
 

Paul Kelly

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The passenger then filed a civil case against FCC for the cost of the old ticket, for effectively breach of contract.

Hmm. I had assumed he was claiming for the cost of the unnecessary new ticket. But I'm not so sure at all now. The article says he received £2,193.96 which included £288 for his time. That leaves £1,905.96. Could it possibly be the difference between the Watford North and St Albans Annual Travelcard prices, calculated over 3 years? Or something like that?
 

trevmonk

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FCC have added this to their season ticket page:

Please note that tickets and Travelcards purchased online from Carpenders Park, Bushey, Watford High Street, Watford Junction, Watford North, Garston, Bricket Wood, How Wood and Park Street to London are not valid for travel via St Albans.

I thought the negative easement in yesterdays routeing guide update only included Watford North to Park Street. Have they just added the extra stations themselves?
 

Paul Kelly

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I thought the negative easement in yesterdays routeing guide update only included Watford North to Park Street. Have they just added the extra stations themselves?
Most likely they've been reading this thread, I'd say. But I have to say that it is looking more and more like these "FUD" statements are being made deliberately and not as a result of confusion.
 
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swt_passenger

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The text of yesterday's negative easement (as written) surely only applied to fares 'to and via St Pancras'.

How do they make out that is relevant to travelcards, or indeed anywhere on the MML between St Albans and Kentish Town?

Someone please explain if I'm reading too much (or too little!) into that sentence...
 
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Tetchytyke

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They say "travelcards...to London".

Naturally they're trying to make it as ambiguous as possible, but really you'd have to say they're still valid via St Albans if you're not going to London. And Kentish Town or Elstree is not London.

It's amazing what a company will do when they're humiliated publicly. Still, they've got to find the cash for the £75,000 health and safety fine from somewhere!
 

swt_passenger

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They say "travelcards...to London".

Not so, that text is from their own website. The actual ATOC easement I'm referring to reads:

"700434
Customers travelling from Watford North, Garston, Bricket Wood, How Wood, Park Street and St Albans Abbey to or via London St Pancras in possession of tickets routed "Any Permitted" may not travel via St Albans. This easement applies in both directions."

No mention there of travelcards or London.
 
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soil

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Yes but that's just what it says in the easement documents.

They have hacked multiple changes to the easement implemented on the actual NRE site.

You basically have three different versions of this:

* the BS emitted by FCC publicly
* the published easement
* the NRE output, which has changed as they continue to hack it to suit the whim of FCC
 

WelshBluebird

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FCC then claimed the ticket was not valid in court, but emails between FCC and ATOC were revealed where they both privately concluded that the ticket was valid, despite their claims otherwise in court

And yet anyone else caught lying so blatantly in a court would face prosecution themselves (or is this different because it is a civil case and not a criminal one?).
 
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Tetchytyke

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Not so, that text is from their own website. The actual ATOC easement I'm referring to reads:

Sorry, I should clarify.

The ATOC easement relates to stations between Watford and St Albans on fares to or via London St Pancras.

The FCC statement is including Travelcards in with that, as well as including the stations to Carpenders Park. These were mentioned in this thread as a possible workaround, hence why I suspect FCC are reading this thread.

The bit I was highlighting was the "to London" bit. If you're not going to London on your Travelcard- and Elstree is not London- then I don't see how this easement (or FCC's warped interpretation of it) applies.

If you use a Z1-6 Travelcard directly from St Albans to London, they are probably able to make the argument that you have used it to travel to London. If you catch a non-stop train and an RPI gets you, you're probably going to get a PF at least. But if you're heading to Elstree and then separately from there to London, the ticket should be valid, although expect hassle at St Albans and also if you're not on a stopper or you don't get off at Elstree.
 
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johnnycache

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Can anyone confirm that the permitted routes for a Travelcard are the permitted routes between the origin and the zonal boundary point that the passenger wishes to use?
 

bb21

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I think what yorkie quoted in Post 69 is as definitive as you will get.
 

sheff1

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Can anyone confirm that the permitted routes for a Travelcard are the permitted routes between the origin and the zonal boundary point that the passenger wishes to use?

I thought permitted routes were only to/from stations, not zonal boundary points ?
 

John @ home

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I think what yorkie quoted in Post 69 is as definitive as you will get.
Just about. The full text of the definition we received from ATOC in 2012 is that the validity of a Freedom Pass or London Zones 1-6 Travelcard, combined with Location - Boundary Zone 6 (where Location is outside Zones 1-6), is:
ATOC said:
only valid if used with a valid Travelcard/Freedom pass that covers zone 6. It is valid to the first crossing of the outer boundary of Zone 6, using any permitted route (observing any fare related restriction) to any station within zones 1-6 that the associated Travelcard/Freedom pass is valid to.
 

michael769

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Excuse me for my legal ignorance, and I certainly don't mean to accuse anyone of anything in what I am about to say, but if I have understood the story correctly, it appears to me that FCC have attempted to prosecute a man for fare evasion (fraud?) despite possibly knowing (via an exchange with ATOC) that the customer was not actually guilty of said offence.

Is the understanding above correct? I apologise if I have misunderstood the sequence of events and the actions of FCC.

Without wanting to suggest anything untoward - as I am genuinely unsure of both the court process regarding revenue protections and the law regulating said process - is it legal to seek damages from a defendant despite knowing they are innocent?

I am not trying to imply any accusation about First Capital Connect, I am only seeking to clarify my understanding of the law and the sequence of events as reported.

You can prosecute (or sue) anyone for anything, what should happen is that the court makes a judgment about the merit if your action at an early stage, and can then dismiss the case if it is without merit. The accuser ends up having to foot the bill full.

Someone who does this regularly risks being labelled a "vexatious litigant" which will mean that the court can issue an order forbidding them from starting any more actions.

There is a concept of malicious prosecution that would allow a defendant to try to sue an accuser, but you would need seriously deep pockets to go down that route, and it would be hard to win because you would have to prove intent and malice.
 

telstarbox

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Is this the first and last time that extracts from the National Routeing Guide (including an image of Map LB!) will be featured in the national media?

http://www.dailymail.co.uk/news/art...legal-battle-train-company-tried-GAG-him.html

Daily Mail said:
HOW DOES IT WORK?
Mr Myers found his loophole by examining the rule set out in the National Routeing Guide.
The detailed document offers explanations of exactly what travel is permitted under each ticket sold by all 2,500 stations across the country
Although the guide is updated regularly, parts of it date from before privatisation in the mid-nineties and as result unknown loopholes have emerged over time.
The guide itself can be found on the Association of Train Operating Companies website and is designed to allow passengers to identify all permitted routes of travel for any journey they may wish to make.
But given its size and complexity - there is a separate seven pages of instructions just on how to use the guide- very few passengers actually read about their journeys.
However the Routeing Guide says that passengers who buy a ticket to or from Watford North can choose to travel via St Albans if they wish to.
Under this rule Mr Myers would have bought that ticket as a season holder from Watford North and, because he live in St Albans, simply opted to travel 'via' there every day saving him hundreds of pounds on the cost of an ordinary season ticket from his home town.
No other stations are affected by this particular loophole - which ATOC is now taking steps to close - and the rule has been described as an 'anomaly.'
However no-one can be certain that other obsure 'previously unknown' rules don't exist for tickets from other stations - until another commuter like Mr Myers uncovers them.
To check the National Routing Guide for your journey click here.
 
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