But you wouldn't be. It would be East Coast left with the decision on whether or not to take you on. If they don't, then that can be taken as a victory. But if they do decide to prosecute and the person they prosecute is friends with a lawyer, then the costs for the customer are massively reduced. I would also say that there should surely be a chance of winning, and the media would be interested in such a case. I'd donate to the cause!I agree but guess that the issue is no one would want to take on a large organisation such as ATOC due to risk of not winning and having to pick up excessive legal costs.
Agreed but I don't think it would, there are not many examples where a ticket that is described as "Super" off peak is valid while a ticket that is apparently not "Super" is valid (for the exact same origin/destination).I do think that if a collaboration of legal experts, customers and sponsors with cash to fund it then it could be done-although perhaps that would see increase in fares as you point out.
I agree we have the potential for some rather good rulings in our favour, and I suspect that in certain examples such as the 1900 from KGX above, the customer will be 'let off' to avoid the chance of a defeat for the TOC. This could be seen as a victory for us though.I'm not a legal expert but think that the whole fares structure with contradictory rules, hidden rules out of the public domain and lack of clarity makes the system extremely flaky and open to an epic legal challenge that would lead to a start from scratch rewrite of the system-it's not even borderline in some cases but I am not sure it would happen anytime soon.
Already we have established that East Coast policy is in line with what I expect regarding combinations of Advance tickets and finishing 'short' on Advance tickets, despite one or two of their staff acting contrary to that. I'm confident we could get allowing Off Peak Day when Super Off Peak is valid to that list, and I don't think it would result in any fare rises.