Yep, well Govia's 1st letter said they were considering prosecution and requested that I give my version of events. I responded and told them everything and gave them a copy of my season ticket etc. Govia then sent me a second letter saying that nothing that I have said makes any difference and that I am to pay £254.20 or else they will prosecute, so arguably they have considered everything and made their final decision
I would agree with the above that their second letter could be seen as their final decision i.e. to prosecute if you don't pay up the above amount.
This is why I am happy that London Travelwatch are involved now. The TOC was presented with the OP version of events along with the supporting evidence of the season ticket and to say that nothing the OP said in his reply carried any weight any to proceed in the way they have really does warrant the involvment of a Customer Watchdog. I think given the seriousness of this matter and the threat of the matter being taken to court, it is right that they have become involved at this point.
How many chances should a TOC have to get something right before a passenger goes to London Travelwatch or Transport Focus? I think that is for each customer to decide. Personally, I believe the TOC should have a chance to deal with the matter and get it right (they arguably had that chance here when the OP responded to their first letter) but thereafter it really is up to the customer if they really want to write in again to have a second go directly with the TOC or involve another body. I personally have found it best to write back in and ask for a case to be looked at by a Manager but if I was being faced with possilble court action I'd really want to get a holt on it ASAP.
I also see that a customer is not required to raise something with the Customer Relations Department per say before they can decide that the TOC's reply is not good enough and they are going to TF/London TW. I'm glad London TW have applied common sense and understanding to the customer in this case!
Good luck! I hope they will be able to make enough representations on your behalf for this matter to be promptly resolved! Let us know on here how you get on
