I am genuinely shocked that GTR should intimate that you are fraudulently claiming with absolutely no evidence. It is a disgusting thing to do.
Disgusting and... oddly enough... a breach of the Fraud Act 2006, even if done to chance luck without knowledge of whether or not it was true.
I suspect that if a solicitor's letter threatens a private prosecution they will trip over their legs while running to claim that it was a terrible mistake.
Disgusting and... oddly enough... a breach of the Fraud Act 2006
Would you care to elaborate on what part of the Fraud Act you claim this breaches?Disgusting and... oddly enough... a breach of the Fraud Act 2006, even if done to chance luck without knowledge of whether or not it was true.
I suspect that if a solicitor's letter threatens a private prosecution they will trip over their legs while running to claim that it was a terrible mistake.
I'm sure you have good reasons for having this view - but could you elaborate why you think it's not a case of them having a policy of demanding money back from their biggest claimers, no matter what? It sounds very much like that at the moment.This is not likely to be dishonesty on the part of GTR. It is likely to be astonishing incompetence for which they need slapping down by the relevant authorities.
I'm sure you have good reasons for having this view - but could you elaborate why you think it's not a case of them having a policy of demanding money back from their biggest claimers, no matter what? It sounds very much like that at the moment.
For there to be a fraud on the part of GTR, you need to be satisfied that GTR wilfully contacted the OP *in the knowledge that* they were not due any money back from them.
I am not satisfied this is the case. I don’t think anyone at GTR has even looked at the claim history.
That's not quite correct; if GTR demand money saying that it is due, but without knowledge of whether it is due, that is also fraud by false representation.
If they say they have evidence that the money is due to them when they don't, or when they do not know whether or not they do, that is also a false representation.
Since last year the measure of "dishonest" has changed. We now only have to ask "would a reasonable and honest person send a number of letters demanding money that may or may not be due, claiming to have evidence that they either know they do not have or that they do not know whether they have?".
Suffering GTR passengers take pictures of departure boards on a regular basis - the public messaging about trains can be very inconsistent. Departure board snapshot helps to remind. Personally, I'm now more likely to screen shot what is showing on a travel app (live trains being my favourite). I have a dozen or so such pictures this year so far...
A £1000 claim per year doesn't seem unreasonable for GTR - particularly if you have an erratic travel pattern in terms of time and location, meaning walk-up fares instead of a season ticket.
Going forwards, you may want to instead just track yourself and use data from online services to validate each claim yourself. My favourite is http://recenttraintimes.co.uk/ (but need to tick actual times)
While I have an inclination to agree with your other points, I must strongly challenge this one.it's not like there's any public authority that would be bothered.
This is not likely to be dishonesty on the part of GTR.
If a TOC were committing fraudulent acts, the DfT would be the first ones to come down on them like a ton of bricks. Those who deal with the authority will know what I am talking about as there have been several big cases recently where the TOCs found themselves in big dodo after being caught red-handed.
Normally I don't ascribe to malice what is incompetence.
If a regulator acts in secret, it's seriously failing in its duty. Justice (whether applied by the courts or by a regulator directly) must be seen to be done. A large part of the purpose of a regulator is to give the public confidence that bad behaviour is dealt with.
Considering that, anecdotally at least, the number of instances of TOCs acting in "fradulent" manners (such as denying delay repay claims, refusing travel on valid tickets, issuing invalid PFs, etc.) is rapidly increasing accross the industry, clearly whatever part of the DfT is supposed to "come down on them like a ton of bricks" is not doing its job effectively.
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If there have been "serveral big cases" recently then surely these are a matter of public record? There must therefore be a news story or press release that you can link to. Odd that nobody has heard of them...
If a regulator acts in secret, it's seriously failing in its duty. Justice (whether applied by the courts or by a regulator directly) must be seen to be done. A large part of the purpose of a regulator is to give the public confidence that bad behaviour is dealt with.
Considering that, anecdotally at least, the number of instances of TOCs acting in "fradulent" manners (such as denying delay repay claims, refusing travel on valid tickets, issuing invalid PFs, etc.) is rapidly increasing accross the industry, clearly whatever part of the DfT is supposed to "come down on them like a ton of bricks" is not doing its job effectively.
If a regulator acts in secret, it's seriously failing in its duty. Justice (whether applied by the courts or by a regulator directly) must be seen to be done. A large part of the purpose of a regulator is to give the public confidence that bad behaviour is dealt with.
No, there is nothing out in the open I'm afraid.
Not every infraction the DfT issue would be available to the general public.
Some I suspect may be down to commercial reasons.
I doubt the government care that much what the general public [...] think
No, there is nothing out in the open I'm afraid.
Not every infraction the DfT issue would be available to the general public. Don't ask me why. Some I suspect may be down to commercial reasons.
Anecdotal, or simply hear'say? What proportion does it represent out of the total number of claims?
(I don't know the answer unfortunately.)
I doubt the government care that much what the general public, or more specifically a group of railway enthusiasts on an internet forum, think regarding how well the DfT perform their regulatory tasks. Perhaps it should be more transparent for the reasons you stated, but I'm not a politician.
DfT certainly aren't pushovers, especially if they catch you on the fiddle systematically.
All I can say is that it is entirely your own prerogative. Of course I know some of your cynicism is misplaced, and so do other people who have dealt with the department, but I don't really have the power to divulge the type of information you would like. An FoI request may yield the desired result but I won't know what you can find out from that.So basically, I have no reason whatsoever to believe that the DfT actually takes serious action against TOCs who regularly defraud, deceive and generally abuse the travelling public. While I'm sure you're just as trustworthy as any other random stranger on the Internet, I tend not to believe outlandish claims that contradict my own experiences without evidence.
Sure, but where it concerns a TOC's interaction with the public it jolly well should be. Especially if it's a "major case".
What other reason could there be? I very much doubt the DfT ever gives a TOC more than a slap on the wrist anyway; I suspect that making this public would just reveal how pathetic such "enforcement" really is. I'm sure RDG has convinced the DfT that drawing attention to bad behaviour will bring the entire industry into disrepute and harm the "brands" of "innocent" (if such a thing exists) TOCs. In my opinion, the entire industry deserves to be brought into disrepute.
The fact that Go-Ahead Group (aka Govia) in particular are apparently still profitable (their shares are trading at pretty much the same level as they were a year ago at least) despite their shambolic performance and utter contempt for their customer base just goes to show how there are no real consiquences for bad behaviour in the rail industry; as long as they keep paying their premiums to the DfT, of course.
Completely agreed.
They can be, but one of the difficulties is obviously knowing exactly what it is that is under DfT's remit and what information they actually do hold.Targeted FOI requests can be a very effective tool at extracting information. Railway enthusiasts are tax payers and fare payers as well.
Of course I know some of your cynicism is misplaced
If you prefer to think I talk nonsense then that is your choice. I am merely presenting a more balanced and objective view from an informed perspective.