On Wed, 7 Jun 2006 23:39:29 +0100, "María"
wrote:

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.
"

You cannot expect FCC to recognise your inappropriate interpolation of
the TUPE legislation from employee rights to those relating to a ticket
refund scheme. The two issues have no relationship.

The only grounds you would have is whether the FCC franchise agreement
obliges FCC to honour any arrangement that applied under the GoVia
franchise in respect of ticket refunds for poor performance. I would
not expect a new franchisee to agree to be bound by the previous
operator's commercial parameters as the new franchise is almost
certainly put together on a different basis with different performance
levels. I also strongly doubt that the contract between you and FCC in
respect of your ticket would afford you any rights to compensation -
either on the GoVia or FCC terms.

Good luck in your complaint but I'd be amazed if you get anywhere.
--
Paul C


Admits to working for London Underground!