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Old June 7th 06, 10:39 PM posted to uk.transport.london
Marķa Marķa is offline
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First recorded activity at LondonBanter: Jul 2005
Posts: 7
Default FCC compensation for days of disruption Bedford to Brighton line

Extract from letter to FCC re the above:

"I am writing to you because I believe FCC owes me some compensation for
delays to your services on 21 and 27 April.
I put in two claim forms on 27 April at my home station of St Albans. I also
e-mailed you about the delay on the same date.
On 17 May I received a letter from you stating that you are "unable to
compensate" me under the FCC Delay Repay Scheme. This may be strictly
speaking correct, but surely you can compensate me under some other scheme?
A scheme set up by yourselves for your customers who are still Thameslink
ticket holders, for example?
If you cannot it means two things, one, that I am being treated differently
from someone holding a season ticket issued by FCC travelling the same route
and on the same day having paid the same price. That is, of course, called
discrimination.
The other is that you as a company are almost certainly in breach of the
Transfer of Undertakings and Protection of Employment Regulations (be that
the 1981 or the 2006 regs), since it is very likely that the transfer of the
franchise from Thameslink to yourselves was a TUPE transfer. Where TUPE
applies the transferee takes on the transferor's liabilities as well as
their rights. Applied to your passengers it means quite simply that where
Thameslink compensated you have to too. Thameslink would pay compensation
for severe disruption on particular days, I would suggest that is also your
obligation.
I am also aware that other customers have had exactly the same complaint
reported in the local press (Herts Advertiser June 1).
I would be most grateful if you would now pay me the compensation I am owed.
"

Marķa