Go to Virgin.com from here 

Strains

to get a twenty-year franchise while refusing to abide by the rules of the existing one

(and running those cramped, claustrophobic, toilet-smelling trains on the “West Coast Main Line”)

 

 

Claims Against Virgin

 

Legal action is being prepared against Virgin Trains.  There will be a number of claims and desired outcomes.

 

Breach of Contract

 

The purchase of a ticket is a contract.  Virgin Trains was in breach of contract by refusing travel on a service for which it was valid.

 

False Accusation, Defamation

 

The complainant was in possession of a valid ticket combination, and yet was publicly accused of attempting to travel without a ticket.

 

Both the extension ticket and the Oyster card containing the season ticket were taken away and he was marched away to a different part of the station.  This was extremely humiliating.  The Virgin staff laughed and sneered during this trip and said “you are not going to get that train”, enjoying their power over a member of the public who was in possession of a valid ticket.

 

The staff should have given benefit of the doubt, but they also refused repeated suggestions that they check with a member of London Midland or London Underground staff on the station to back up their allegation that the Oyster card didn't contain a season ticket.

 

This appalling behaviour was later eclipsed by the attitude of Virgin Trains Customer Services, but was extraordinary at the time.

 

Loss of Earnings

 

By the time a number of trains had been missed, it was no longer possible to make the business appointment.  If the complainant had been working freelance, he could have lost a significant amount of money, or might even have lost a contract.

 

Cost of Pursuing this Correspondence

 

The complainant would be charging £800 per day if working freelance.  The time spent on research and correspondence and preparing a legal case already amounts to a consultancy bill of about £4000 in order to provide training for Virgin Trains in the business that it is running.

 

Refund of Ticket

 

The valid ticket that could not be used had cost £31.  A refund form was submitted but no refund has been received.  This will not be forgotten.

 

Fraud

 

Virgin’s statements, at the station on the day, in writing and on the telephone, amount to fraud.  Advice is being sought on whether to initiate criminal proceedings.

 

Trace and Reimburse Everyone Affected

 

Virgin Trains must trace everyone who has been wrongly told that they need to buy an extra ticket purely because their season ticket is stored electronically, and ensure that they are reimbursed.

 

Buy and Use Oyster Readers

 

There are hundreds of Oyster readers of an older kind, cheaply available, that were previously used by bus conductors or other TfL staff, and are ideal for this purpose.  All other Train Operating Companies have such readers to confirm whether passengers have valid travelcards, regardless of whether Pay As You Go is accepted at the station.

 

 

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