Southern Railway in the Small Claims Court?

kingcole · Apr 16, 2016

Many clearly suffered a financial loss last night due to the failings of Southern.

They should be liable for any losses.

Although the club have essentially pre purchased transport on our behalf, it's us, not the club that lost out.

It might seem like a pain, but if you missed say 30 minutes, that's £13 worth on a £38 (plus booking fee) ticket.

For groups it could be substantial. Add in cost of cabs etc and it would be worth it writing a letter to Soutern demanding payment. If it's not forthcoming then Money Claim online is quick and cheap.

Beach Hut · Apr 16, 2016

Buying a train ticket legally does not mean the train will be on time

kingcole · Apr 16, 2016

It's increasingly harder for companies, including transport companies to hide behind their own regulations.

A delay on a plane now can result in automatic compensation for 10 times or more the ticket price.

By buying a ticket, albeit indirectly a contract of expectation has been entered into and they failed on every level.

If you took it to the court and it was contested you would have your 5 minutes in front of a grounded human being to explain how you lose out due to the actions of another company. I see no reason how that human being (Judge) could disagree and would surely award judgement for the plaintiff.

Beach Hut · Apr 16, 2016

kingcole said:
It's increasingly harder for companies, including transport companies to hide behind their own regulations.

A delay on a plane now can result in automatic compensation for 10 times or more the ticket price.

By buying a ticket, albeit indirectly a contract of expectation has been entered into and they failed on every level.

If you took it to the court and it was contested you would have your 5 minutes in front of a grounded human being to explain how you lose out due to the actions of another company. I see no reason how that human being (Judge) could disagree and would surely award judgement for the plaintiff.

OK I'll raise you..........

Tell me the terms and conditions behind the added travel option to your BHAFC season ticket and whether it states all trains must run on time otherwise we will compensate you

TheJasperCo · Apr 16, 2016

Beach Hut said:
Buying a train ticket legally does not mean the train will be on time

But legally there are grounds for recourse if the rail company is to blame for any excessive delays.

Beach Hut · Apr 16, 2016

TheJasperCo said:
But legally there are grounds for recourse if the rail company is to blame for any excessive delays.

To a certain extent, I would look at the bigger picture, one of our fans went to the game last night and never made it home.

kingcole · Apr 16, 2016

Beach Hut said:
OK I'll raise you..........

Tell me the terms and conditions behind the added travel option to your BHAFC season ticket and whether it states all trains must run on time otherwise we will compensate you

The terms and conditions are irrelevant here. It's common sense. Have you been caused a loss by the actions of a n other?

Prove the loss

Get compensated for your loss.

The law of the land trumps T's and C's

TheJasperCo · Apr 16, 2016

Beach Hut said:
To a certain extent, I would look at the bigger picture, one of our fans went to the game last night and never made it home.

Absolutely, you're right, I need to keep a sense of perspective...and I'm no fan of today's over-litigious society either. It was just a point I raised in a thread on transport delays.

kingcole · Apr 16, 2016

Beach Hut said:
To a certain extent, I would look at the bigger picture, one of our fans went to the game last night and never made it home.

That was tragic but totally irrelevant to this argument.

chimneys · Apr 16, 2016

kingcole said:
That was tragic but totally irrelevant to this argument.

Absolutely this.Tragic but completely irrelevant.

Beach Hut · Apr 16, 2016

kingcole said:
That was tragic but totally irrelevant to this argument.

Carry on then and ensure everyone else sees rail fares become much higher

Gully Forever · Apr 16, 2016

Trains were not delayed. they were CANCELLED. Big difference.

kingcole · Apr 16, 2016

Beach Hut said:
Carry on then and ensure everyone else sees rail fares become much higher

The plan would be that those who lost out were compensated and that Southern learn enough to take steps to prevent it happening again.

Your logic seems to me like 'don't make a claim on your insurance as it will raise others premiums'

Beach Hut · Apr 16, 2016

kingcole said:
The plan would be that those who lost out were compensated and that Southern learn enough to take steps to prevent it happening again.

Your logic seems to me like 'don't make a claim on your insurance as it will raise others premiums'

Bit like false whiplash injuries etc.

Just out of interest what compensation would you expect for missing around a third of a football match ? A third of the value of the ticket ?

nwgull · Apr 16, 2016

Anyone can file a county court small claim, but you then have to present your argument in writing, collect appropriate evidence to show your financial loss and then take time off of a working day to attend court, where a judge will hear your case. Probably not worth it for £20 or whatever the 25 min proportion of your match ticket is worth.

I'm surprised that the club didn't delay KO by 15 mins; although it sounds like the players didn't start until about 25 mins anyway.

beorhthelm · Apr 16, 2016

kingcole said:
The terms and conditions are irrelevant here. It's common sense. Have you been caused a loss by the actions of a n other?

Prove the loss

Get compensated for your loss.

The law of the land trumps T's and C's

its contract law, so the terms and conditions is everything. *if* you had brought a ticket and due to the train companies negligence you incured a substantial financial loss, you *might* have a case, good luck. missing a football match or paying for a cab, due to staff shortage, possibly beyond their control, you're just wasting your money on solicitors. probably more chance of suing the solicitior for taking your money on a no hope case.

kingcole · Apr 16, 2016

Beach Hut said:
Bit like false whiplash injuries etc.

Just out of interest what compensation would you expect for missing around a third of a football match ? A third of the value of the ticket ?

Although this claim is NOT false! Yeah, I think the proportion of the match missed and the same proportion of hat ticket would be fair.

It's not going to be a load and Souhern may well settle without the need for court

For a group though, it could be more substantial. Even, forbid the idea there could be a class action instigated by this thread!

This is not personal. I go into the game 3 minutes after kick off but I really feel those who lose a third or half of the match should have a claim for the proportionate value of their ticket

kingcole · Apr 16, 2016

beorhthelm said:
its contract law, so the terms and conditions is everything. *if* you had brought a ticket and due to the train companies negligence you incured a substantial financial loss, you *might* have a case, good luck. missing a football match or paying for a cab, due to staff shortage, possibly beyond their control, you're just wasting your money on solicitors. probably more chance of suing the solicitior for taking your money on a no hope case.

Firstly, who said use a solicitor?

Secondly terms and conditions are not everything. Often the law of the land trumps them and is invariably based on common sense.

Example: You buy a pair of jeans from a online shop. The shops T +C clearly states that all sales are final. You decide you don't want the jeans. Well, you can return them for a full refund, include shipping. That's because the distant selling act says you can return them within 14 days and this law trumps the shops T + C.

Pinkie Brown · Apr 16, 2016

kingcole said:
The terms and conditions are irrelevant here. It's common sense. Have you been caused a loss by the actions of a n other?

Prove the loss

Get compensated for your loss.

The law of the land trumps T's and C's

Is correct.

Railway companies and their bureaucratic flunkies can quote all the T & C's they like. If they are at fault for lousy service due to their own failings, they must compensate.

Thanks to rulings in Europe, airlines must now compensate for excessive delays. They will usually try and make you jump hoops hoping you will give up. They often trot out the line of 'extraordinary circumstances'- that argument was thrown out. I see no reason why the private railways companies should not be liable if they haven't provided an acceptable standard of service.

Baldseagull · Apr 16, 2016

Statement from the club said they were assured by southern that they would clear the backlog of fans in time for kick off, they also said that just before 7.30, Police informed the club that a large number of fans were still in Brighton Station, but they did not request a delay in kick off. Kick off can only be delayed on safety grounds they said, as we were all behaving ourselves reasonably well, no safety issue. If we had been demonstrating our frustration in a more physical manner, the Police may have asked for a delayed kick off, I reckon.
On the other hand, it is difficult enough getting home after a 7.45 kick off on the trains, a later kick off would have caused more problems after the game.

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