....The railway operates under antiquated consumer unfriendly legislation dating back over a century which is grossly incompatible with modern consumer protection legislation.
That is not the view of the OFT or indeed the DfT
Given that much of the latter directly derives from UK implementation of EU legislation in that field (this I know - I work for HMG and have had directly relevant work experience!) there is a pretty strong arguement to say that the European Courts would have a field day with the current UK situation with respect to railway legislation.
We have to take your inference that your work for the Government, however the rest of your commentary would suggest otherwise.
Other European railway systems operate similar arrangements and indeed operate penal charges if you are not in possession of a valid ticket. Your post suggests that this is wrong in EU Law. I suggest you need to understand the difference between a consumer and a traveller because there are discrete differences which indeed EU law recognises, and as you should be aware of already.
....To summarise, the OP bought a ticket, the railway misissued that ticket (and laughably tries to put the onus to avoid that on the passenger!), the passenger did not see this. The OP was checked on a train where he did not have the discount card (his big failing in my view) and the ticket was (understandably) withdrawn for further investigation...
You are clearly not aware of the Law of Contract then, something which raises further questions as to your previous assertion. Neither would you appear to be aware of the manifestation of this within the National Rail Conditions of Carriage, which incidentally have been agreed with the OFT.
(question - if the discount card had been present would the guard have still withdrawn the ticket as it had been wrongly issued?). When the investigation shows the OP to not be at fault the railway collectively has a moral duty to ensure that he does not suffer financially.
Clearly you have failed to clarify the facts, so here they are. For some reason as yet unknown it appears that the passenger's Season Ticket has been endorsed with the number of the discount card rather than the correct Season Ticket photo ID card number.
The Season Ticket is only valid with a supporting photo ID card which the passenger had left at home.
As the Season Ticket was not in compliance with the issuing requirements it was an invalid ticket.
Now I am sure that following enquiries, and based upon the information we have been given, the matter will be resolved amicably. I have no doubt whatsoever in those circumsatnces that the cost of any additional tickets bought will be refunded and I am sure that there may well be a gesture of goodwill once it has been established that there has been an error on the part of the booking office.
the railway collectively has a moral duty to ensure that he does not suffer financially. If that does not happen he has a right (and my view almost an obligation) to make it hurt the railway!!!
The only person to have become so exercised over this is you, and for no obvious reason. You purport to be a person who has "had directly relevant work experience" and you go on to suggest that "the European Courts would have a field day with the current UK situation with respect to railway legislation" which Courts would that be exctly, and if you are some convinced that thius is the case, given the rather venomous attitude of certain organisations (a) why has no action been taken before you popped up on the scene, and (b) now that you have, and now that you suggest there is such an open and shut case, I presume you will be confirming to us that you will be taking steps to instigate the necessary investigation by the European Courts ?
Your claim to be in Government does rather suggest to me that you are very well placed to do so, and I know that there will be at least two or even three people on here who will be very anxious indeed to support your actions once you advise what these will be.
If that does not happen he has a right (and my view almost an obligation) to make it hurt the railway!!!
That to me (having worked with some very senior people in the Judicial system one of who is now sitting on the bench of the Court of Appeal (Civil Division) ) does not come across as the sort of comment that would be made by a professional. In my experience this is the sort of emotive language that they have to dissaude their clients from using. I could be wrong of course.
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