Southern Railway in the Small Claims Court?

[beorhthelm]

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

but theres no law that entitles you to compensation for losses. the distance selling act is a good example where there is specific law covering a specific scenario, generally though you have to go through the contract, the T&C of the sale. for example take your jeans back to the high street shop they can legally refuse to change them, but probably will change under their company policy.

 

[Ernest]

This would be laughed out of court, just shows how far the blame culture has got into society these days. Everything is someone elses fault and I MUST be compensated because I didn't ENSURE that I gave myself enough time to get to the match.

 

[Fulking Seagull]

I would have thought we should at least expect to receive a public apology from the railway company in the Clubs programme and over the public address at the various stations affected on Tuesday evening on the way to the QPR game.

I suspect we wont but any worthwhile Private company wishing to retain their customer base would do so. Trouble is we have few alternatives transport wise...certainly which could cope with the mass shift unless we all walked in protest!!

 

[Meade's Ball]

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 ?

The value of each Albion goal, to me, is about £31k. I missed 2 last night thanks to Southern. I have also awoken this morning with something of a headache, partly caused by their choice to hang around outside Brighton station for 5 minutes and making me miss my train home. For that, i want £4.60. Add in £19.22 for the general trauma and from them i want £62023.82.

 

[doogie004]

Sorry for those that were stuck at the station and missed the start ,but with the obvious chaos that was at the station for me the question is why was there a beak down in communication from police etc to stadium as to delaying match ?

 

[Thunder Bolt]

Sorry for those that were stuck at the station and missed the start ,but with the obvious chaos that was at the station for me the question is why was there a beak down in communication from police etc to stadium as to delaying match ?

I believe the ruling is that a match can be delayed only for safety reasons.

 

[Gwylan]

This would be laughed out of court, just shows how far the blame culture has got into society these days. Everything is someone elses fault and I MUST be compensated because I didn't ENSURE that I gave myself enough time to get to the match.

Sadly, I agree. Southern are a poor excuse for a rail company but anyone trying to sue them wouldn't have a leg to stand on. I believe it costs something like £60 to make a claim in a small claims court, why would you spend that on a vague hope of getting £20 compensation?

 

[Herr Tubthumper]

its contract law, so the terms and conditions is everything.

Nonsense.

 

[Kinky Gerbil]

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.

And who do you think will pay for the airline comp?

It ain't going to be the airlines in the long run.

 

[beorhthelm]

Nonsense.

feel free to cite the statue law that covers this, always eager to learn.

 

[Tom Hark Preston Park]

If Southern could be sued through the courts, small claims or otherwise, for losses incurred to 'customers', don't you think some clued-up stressed-out commuter would have done so already? Establish a test case and Southern would go bust overnight.

 

[Ernest]

If Southern could be sued through the courts, small claims or otherwise, for losses incurred to 'customers', don't you think some clued-up stressed-out commuter would have done so already? Establish a test case and Southern would go bust overnight.

They wouldn't as they only manage the franchise for the DfT so in fact you would be suing yourself as it would be paid for by the tax payer

 

[8ace]

We got a sherbert when we saw the queue at the station as we left the bell. Not that difficult is it.

 

[Shropshire Seagull]

In true NSC style - fair bit of ignorance on this subject.

Ts & Cs are a compliment to the law to provide clear and unambiguous definitions and detail - but they cannot be unfair or contravene the law of the land.

This issue DOES fall under contract law - the contract being [at a basic level] you pay for a ticket and in return they will transport you from A to B.
However, FUNDAMENTAL to contract law are the two parties engaged, one that pays and one that provides [goods or service].
If you've done any contract law you will know the case law precedent regarding the snail and the ginger beer.

It basically says that if someone paid for something ONLY they have right to complaint & redress compensation.
In this case if you have received a FREE transport voucher then you cannot bring a claim - since the club paid for the transport, only they have the right to claim.
It's a bit of a legal loop-hole but unfortunately it is the law of the land.

Also County Court fees are tiered to how much you are claiming for. Up to £300 is a £35 fee and if you win, the defendant must pay you this back to you too.

 

[mwrpoole]

Under Southern Rail's charter you are entitled to compensation if your train is cancelled or delayed by 30 minutes or more. That seems to be the case last night for many, but as the vast majority don't have actual tickets as its included in price of match ticket, how does the compensation scheme work? According to the charter southern staff should have been advising those affected of the delay compensation scheme, I suspect that didn't happen.

 

[Charlies Shinpad]

Under Southern Rail's charter you are entitled to compensation if your train is cancelled or delayed by 30 minutes or more. That seems to be the case last night for many, but as the vast majority don't have actual tickets as its included in price of match ticket, how does the compensation scheme work? According to the charter southern staff should have been advising those affected of the delay compensation scheme, I suspect that didn't happen.

It works but you have to have proof you booked that specific train journey as they ask for your booking confirmation
If by chance you have done that then you will get full compensation for your journey
Otherwise you get nothing

 

[Ernest]

Under Southern Rail's charter you are entitled to compensation if your train is cancelled or delayed by 30 minutes or more. That seems to be the case last night for many, but as the vast majority don't have actual tickets as its included in price of match ticket, how does the compensation scheme work? According to the charter southern staff should have been advising those affected of the delay compensation scheme, I suspect that didn't happen.

You didn't buy a ticket so any compo would go to the club who have the arrangement with Southern

 

[Biancazzurro]

When they delayed the match on the Shoreham air crash day was it for safety reasons?

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