Refund on Duplicate Gold Season Ticket

[rufiotgl]

Hi Guys & Gals.

Would really appreciate ANY help here as im going out of my mind with worry over this!!

Long story short.

I renewed my GOLD Season ticket (paid for by me VIA my employer with an interest free loan) in April of this year. It was stolen 2 weeks later which i reported to the police along with all my personal possessions (but they are saying they now have NO record of my report now i actually need it as im trying to get a refund (i promise you i did too, im searching my phone records for evidence of the call)).

Anyways, I got a duplicate & 2 months later i quit my Job, handed my season ticket over to the company who i USED to work for and have since moved to Canada. My old company has been trying to get a refund from SE (yes, the dreaded SouthEastern) which they said it wouldnt be problem as its a CORPORATE ticket. But SE say that as they have issued a duplicate, i cant claim a refund without a FOI (Freedom Of Information) request (that i cant get as the police say they have no record) for 2 and a bit grand (((( !!

Needless to say, im not willing to give up 2 and a bit grand and im working my hardest to get it back.

Im gonna speak to my local MP (Michael Fallon), Citizens advice and Passenger Focus group. I was also thinking of using an ombudsman or as a last resort, a small claims court!!

It doesnt seem at all fair as its no a fraudulent case and even have a witness who found my wallet in a park and returned my stuff to me (minus train ticket).

Its so much money to loose.

Has anyone had any luck or has any advice?? Should i get the money back due to advice of poster i will treat them to a reward!!

Thanks for reading

Dan

 

[wintonian]

I'm confused about what relevance an FOI request has here?

The freedom of information act does not apply to private company's is only used to request information from public sources about their work and does not included personal information held about individuals..

If you are referring to the a subject access request under the Data Protection Act this will allow you access to information held about you by an organisation and costs a maximum of £10. However this will not elicit a refund and is only a way to obtain information.

With respect Southeastern don't know that your request is not fraudulent which is why they are requesting a crime reference number (or other proof that it has been reported).

If I have got this right your issue seem to be with the police not having a record of you making the report. I think this would be best addressed by seeking advice from the Independent Police Complaints Commission (IPCC).

Also from the National Condition of Carrage (NRCoC)

36. Season Ticket refunds
If you decide not to use or to stop using a Season Ticket, a refund will only be made if the Season Ticket is returned to the ticket office from which it was bought. However, to qualify for a refund (in the case of a Season Ticket valid for a month or more when issued) there must be at least seven days’ validity remaining or, in the case of any other SeasonTicket, at least three days’ validity remaining.

Refunds are calculated from the date the Season Ticket is returned. If you were ill and, consequently, unable to hand the ticket in earlier, a refund will be calculated from the date your illness started, provided that a medical certificate or other evidence satisfactory to
the Train Company (for example, a letter from your employer on headed notepaper may be sufficient) is produced, covering the period from the start of your illness until the ticket is handed in. The refund will be the difference, if any, between:

(a) the price paid for the Season Ticket; and

(b) the total cost of the combination of tickets that you would have needed to make one return journey a day up to the date the Season Ticket was handed in, less a reasonable administrative charge (not exceeding £10).​

This means the amount you receive will not usually be pro rata to the price of the ticket and, in some cases, there may be no refund payable.

Refunds are not usually made on a duplicate ticket that has been issued to replace a lost or stolen Season Ticket. However, applications for such refunds will be considered:

(i)
where the original Season Ticket or Smartcard containing a Season Ticket is returned to the Train Company which issued the duplicate ticket within one month of it being notified of the relevant loss; or

(ii)
in circumstances such as the redundancy, pregnancy or prolonged illness of the holder, provided supporting evidence is supplied which is satisfactory to the Train Company asked to make the refund.

 

[rufiotgl]

Hi wintonian. Thanks for your swuft response.

I actually provided SE with the reference number that i got when i reported the Crime & which i gave to SE when i made the initial claim.

They then asked for an FOI on the details which i went of to get.

I then got a letter back from Kent Police Legal Services saying they couldnt find that reference number. I asked them to check under my personal details and they are STILL saying they cant find anything.

Im wondering if i got some jobs worth front desk officer that just couldnt be bothered to log it and the IPCC maybe a way to go if i can find the phone record. But if i cant, i maybe screwed. Hence my PANIC !!

 

[wintonian]

Hi wintonian. Thanks for your swuft response.

I actually provided SE with the reference number that i got when i reported the Crime & which i gave to SE when i made the initial claim.

They then asked for an FOI on the details which i went of to get.

I then got a letter back from Kent Police Legal Services saying they couldnt find that reference number. I asked them to check under my personal details and they are STILL saying they cant find anything.

Im wondering if i got some jobs worth front desk officer that just couldnt be bothered to log it and the IPCC maybe a way to go if i can find the phone record. But if i cant, i maybe screwed. Hence my PANIC !!

Again this sounds like an issue with the police rather than Southeastern.

I'm not the most knowledgeable about season tickets, which is why I'll refrain from commenting in too much detail. But I expect others who are more informed will add there thoughts shortly.

For some reading this page at the ICO's (Information Commissioners Office) outlines what the FOI and DPA acts are and the differences between them, if you require clarification.

 

[island]

It does not appear you have any entitlement whatsoever to a refund on your duplicate season ticket, so anything Southeastern chooses to give you will be a gesture of goodwill and on such terms as they may choose to apply.

 

[W230]

I actually provided SE with the reference number that i got when i reported the Crime & which i gave to SE when i made the initial claim.

They then asked for an FOI on the details which i went of to get.

I then got a letter back from Kent Police Legal Services saying they couldnt find that reference number. I asked them to check under my personal details and they are STILL saying they cant find anything.

it does indeed sound like the error may lie with the police.

It sounds like you may have been given an incident number, not a crime number. If this is the case (or if you're not sure) then recontact Kent Police and explain that you made a complaint of theft and never received a crime number. They will be able to check if one was ever recorded and give you the number. If it wasn't recorded then they will be able to record it now for you. With your crime number you should then (I assume) be able to get a refund from South Eastern - though I know nothing about this side of things!