Thanks to all who have contributed. Its certainly brought out some interesting views. The issue isnt one of social class so lets leave that out of the debate. I use the term due to the fact that it is the rail companys description of the two levels of service they provide; one providing a regular seat whereas the other slightly more legroom for an additional fee. I chose the latter as you are almost guaranteed a seat versus a seat/stand option dependent upon how late you board before departure, or how far from the destination station you board the train. There is nothing more to it.
The debate about capacity, in my experience, is largely irrelevant. When the train is exceptionally busy the conductor will declassify 1st class, which is fine as 1st class ticket holders can request the difference in refund. In addition, if no 1st class accommodation is available on any train where it is advertised as being available (all weekday trains on my route are advertised with 1st class seating available) a refund can again be requested. The conditions of use are clearly displayed throughout the 1st class sections. Must be in possession of a valid 1st class ticket to be seated or standing in the 1st class section, or permission has been granted. Otherwise £20 fine or twice the 1st class fare whatever is greater etc. Upgrades cannot be bought on board if you started your journey where ticketing facilities were available. Im sure were all familiar with them.
As I commute you learn who is a 1st class ticket holder over time as they are regular travellers and will pass ticket inspection. It is when on the numerous occasions where you see difference faces all the time i.e. not regulars, random people etc. Their body language can be telling, not to mention the speed at which 1st class is vacated on the rare occasion Ive witnessed approaching enforcement. Mostly these situations go unchallenged, or the conductor sits in the rear drivers cab, or simply asks people to move out of 1st class without issuing appropriate penalties. Its as though they are afraid to enforce their own rules.
Again I stress this isnt discriminatory; its about sitting there time and time again thinking why am I the only mug around here stupid enough to pay the extra money for this service, i.e. abide by the rules. On one morning train, in one 1st class service, they could issue penalties to 10 out of the 12 passengers, capturing a minimum of £200 in the process. Thats one section, on one train, in one morning. Their business model relies on receiving the appropriate revenue for the services they offer, so when there is obvious persistent abuse of the rules and staff on board are empowered to enforce these rules, why are they not doing so?
We all pay through the roof to use the train services. Surely appropriate enforcement across the whole network will, for a time at least, generate significant useful revenue to the benefit of all. Its almost, by knowing the problem exists but failing to act to resolve it, they are advertising a distinct two tier service pre-departure but upon departure the flood gates can open and anyone can sit where they like. Imagine that being the case on a flight? Not a one off, but every time you flew? No-one in their right mind would put up with it.
My original post was regarding a breach of contract. The conditions of carriage stipulate if you breach the 1st class rules you will be issued with a penalty. The train company are not enforcing these rules time and time again, and I was wondering whether as a TOC there are legal obligations they are required to abide by.
