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Strains |
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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”) |
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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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