I think that technically, by the railways ridiculous rules, the clerk was right because the Railcard holder wasn't present at the counter.
If someone gave us access to really good lawyers and a load of cash I reckon we could have a really good go at getting a lot of draconian rules overturned. But, until that time, we just have to put up with utterly ridiculous rules. The railways assume that customers will never ever consider any alternative mode of transport, so they'll continue to treat us like crap. There are, however, many good staff out there that apply common sense and would issue the ticket in your case. Many of them would be happy to do so, while others do so grudgingly as if you, the customer, are a massive inconvenience to them, and some will simply be jobsworths and refuse to co-operate, in which case just use the machines instead if that's what they want.
Yorkie, you have many positive points I am sure but your constant and sometime ill-informed sniping at the Railways does you nor your "cause" any justice at all. As you seem to dislike the Railways so much why sell railway tickets ? Why not work for an airline or National Express buses, or a travel agents ?
I am sure we are going obver old ground again, however here goes.
Firstly railway tickets are NOT transferrable, so there should be a little light appearing in the sky at this point.
As has been said many times before by me, a railway ticket constitutes a Contract for Service between the passenger and the Railway Company/ies. It is NOT a contract for the supply of goods and that is why it is not transferrable. It clearly states this is the NCOC.
A Contract has to be personally accepted by both parties. It cannot be unilaterally accepted therefore if a ticket is bought by someone else and transferred, there is no legal binding Contract. In recent years the terms have been eased slightly to allow another person
to buy a ticket on behalf of another person, and in doing so they accept the terms and conditions on behalf of the passenger. This is not transfer which is a different situation. That is the strict legal position, and it is against the legal Conditions of Carriage and relevant Railway Byelaws and Acts that the conditions of use of any discount railcard have to be issued.
When buying face to face it is regarded (legally) as accepting the terms and conditions.
When buying over the internet, there is a requirement to both confirm the Railcard number as well as accept the terms and conditions. That then becomes the point at which the Contract becomes legally binding.
It is not unreasonable to require the person to whom the ticket is to be used, to be present with the relevant identity and railcards, after all it reasonable to assume that anyone could buy a reduced rate ticket and travel with it when they were not allowed to....and when challenged, we would here the old "no one told me, they sold the ticket, etc" story.
The NCOC I am told have been accepted by the Office of Fair Trading (for what little that matters as the OFT seems to be quite a useless organisation from what I can see of their recent activities) so they cannot be argued to be unfair now can they ?. Obviously the OFT did not consider it onerous or an abuse of power to require the passenger to comply with the various conditions, so why do you ?
What is unreasonable in your view about requiring the person to present themselves in person at a booking office ? It is not the fault of the Railway that a person may feel inconvenienced or may have lots of luggage or arrive without sufficient time. Where does the hand-holding of passengers end ? At what point does the Industry just say lets have a free for all, lets not bother enforcing conditions, lets not bother checking tickets, lets not bother making sure that the person has a railcard. At what point Yorkie ? Because you always seem to have a problem with the passenger upholding THEIR side of the bargain. With you it is ALWAYS the passenger who has to be in the ascendency. The Railway has to give all and get nothing back in return.
Why not try trying to buy a reduced rate ticket at Digbeth Coach Station on behalf of someopne else using a reduced rate card and see what they say ? I doubt you will be there long.
Why not take my frequent flyer card and use it to buy an airline ticket ? You may be upset when they want to see me there instead of you ?
Similar arrangements apply on the Continent with regards to having to personally present yourself at the ticket office window when using a discount card. What is so onerous about that applying here ?