matacaster
On Moderation
I suggest all franchise agreements should have a clause which means that cancellations would incur a penalty of 150% of the cost of the operator providing the (rail) service. Should the operator use bustitution, this would incur 125% of the cost of providing the rail service unless genuinely unavoidable (not having drivers with route knowledge of diversionary routes would NOT be a good reason as diversionary routes are known at start of franchise. The normal orcats? would apply, so NR would have to pay up if their fault. Such penalties would have to be made publicly available, so that the truth surrounding the excuses could be determined.
Where late delivery, lack of rolling stock or stock which was 'not fit for purpose' or whose availability figures were without the agreed parameters was involved (over say first 24 months), then the contracts signed by the TOC's and operators would need specific clauses and appropriate penalties - if these are already present, either the they need a new set of Lawyers or they do not appear to be being enforced with any kind of vigour. There is no point in having legal contracts if in practice everyone just flaps around and says it will be ok in a few weeks time again and again (see introduction of new TPE stock).
That would surely focus minds on ensuring that the franchisee had adequate staffing / training.
Apologies mods if this is not in correct part of forum.
Where late delivery, lack of rolling stock or stock which was 'not fit for purpose' or whose availability figures were without the agreed parameters was involved (over say first 24 months), then the contracts signed by the TOC's and operators would need specific clauses and appropriate penalties - if these are already present, either the they need a new set of Lawyers or they do not appear to be being enforced with any kind of vigour. There is no point in having legal contracts if in practice everyone just flaps around and says it will be ok in a few weeks time again and again (see introduction of new TPE stock).
That would surely focus minds on ensuring that the franchisee had adequate staffing / training.
Apologies mods if this is not in correct part of forum.