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Are Gatwick Express and Stansted Express TOCs?

Glynn Magheramorne made this Freedom of Information request to Office of Rail Regulation

The request was partially successful.

From: Glynn Magheramorne

30 September 2011

Dear Office of Rail Regulation,

On 5 October 2011, a new National Rail Conditions of Carriage
(NRCoC) applies. We have been informed by Southern Railway Ltd,
that following this date, Gatwick Express will be a separate
company to Southern, and the NRCoC has been changed to reflect this
claim.

On further investigation, this is not the only change, and Stansted
Express is also separated from NXEA in the same way, as is Island
line from SWT.

Can the ORR investigate:

- Are Gatwick Express and Stansted Express separate companies?

- The NRCoC defines a company in Appendix A, but states that they
are listed in Appendix C. However some companies are listed twice.
Southern claim this is because they are separate companies. Is this
correct?

- The NRCoC is an important document, who acts as the 'regulator'
for this document? Is ATOC being allowed to effectively act as the
'regulator' and do the DfT simply accept any changes to the NRCoC,
without consultation with interested parties?

- Can you confirm whether it is legal for Southern Railway Ltd to
claim that they operate the Gatwick Express, making statements to
this effect on their Southern and Gatwick Express websites, yet
simultaneously their staff on board the Gatwick Express deny that
this is the case and refuse to honour tickets routed "Southern
Only" despite the website stating "Gatwick Express is operated by
Southern"?

Yours faithfully,

Glynn Magheramorne

Link to this

From: CCT Contact
Office of Rail Regulation

30 September 2011

This is an acknowledgement that your email has been received.
 
Thank you for contacting the Office of Rail Regulation.
 
Customer Correspondence Team
Office of Rail Regulation
1 Kemble Street
London
WC2B 4AN
email: [1][Office of Rail Regulation request email]
web:    [2]www.rail-reg.gov.uk

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Communications via the GSi may be automatically logged, monitored and/or
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References

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1. mailto:[Office of Rail Regulation request email]
file:///tmp/BLOCKED::mailto:[Office of Rail Regulation request email]
2. http://www.rail-reg.gov.uk
file:///tmp/BLOCKED::http:/www.rail-reg.gov.uk

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From: CCT Contact
Office of Rail Regulation

5 October 2011

Dear Mr Magheramorne

Thank your for your e-mail of 30th September, which I am handling under
the terms of the Freedom of Information Act 2000 (FoIA 2000).

We aim to respond to all such enquiries within twenty working days of
receipt and a full response will be sent to you no later than the 31st
October.

Should you have any queries regarding your request please contact me.

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [email address]
web: www.rail-reg.gov.uk

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From: CCT Contact
Office of Rail Regulation

21 October 2011

Dear Mr Magheramorne

I write further to my e-mail of 5th October and your questions regarding
the National Rail Conditions of Carriage (NRCoC).

Unfortunately the questions you raise fall outside the remit of the Office
of Rail Regulation (ORR). Our principal function is to regulate Network
Rail, the owners of the national rail infrastructure (track, signals etc)
and enforce health and safety legislation on Great Britain's railways. The
Department for Transport (DfT) is responsible for the awarding and
monitoring of the train operating companies franchises and would be the
appropriate body to approach regarding your queries.

 In response to your questions:

1)  Are Gatwick Express and Stansted Express separate companies?

This is a matter for the DfT.

2) The NRCoC defines a company in Appendix A, but states that they are
listed in Appendix C. However some companies are listed twice. Southern
claim this is because they are separate companies. Is this correct?

DfT is the appropriate body to answer this.

3)  The NRCoC is an important document, who acts as the 'regulator' for
this document? Is ATOC being allowed to effectively act as the
'regulator' and do the DfT simply accept any changes to the NRCoC,
without consultation with interested parties?

The ORR is not responsible for the production of the NRCoC. The NRCoC
forms the basis of the agreement between a passenger and train operating
company when the passenger purchases a ticket to travel. The NRCoC sets
out the passenger rights and any restrictions of those rights. . The NRCoC
are a schedule to the Ticketing and Settlement Agreement (TSA), the
agreement between train operating companies that sets out how fares are
created and sold. Material changes to the NRCoC  and to the majority of
the TSA are subject to the approval of the Secretary of State for
Transport.

4)  Can you confirm whether it is legal for Southern Railway Ltd to claim
that they operate the Gatwick Express, making statements to this effect
on their Southern and Gatwick Express websites, yet simultaneously their
staff on board the Gatwick Express deny that this is the case and refuse
to honour tickets routed "Southern Only" despite the website stating
"Gatwick Express is operated by Southern"?

Again this is a matter for the DfT, see the following link for DfT's
contact details - [1]http://www.dft.gov.uk/about/informationc...

Should you have any further enquiries regarding this request, please
contact me.

 

If you are not satisfied in any way  with how your request has been
handled, you have the right to ask for an internal review. Internal review
requests should be submitted within two months of the date of this email,
and should be addressed to Samantha McClelland-Hodgson at:

 

Office of Rail Regulation

One Kemble Street

London

WC2B 4AN

 

Fax 020-7282 2154

 

Email [2][email address]

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner (IC) for a decision.
Generally the IC cannot make a decision unless you have exhausted the
complaints procedure provided by ORR. The IC can be contacted at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel 0303 123 1113

 

Email: [3][email address]

 

Website: [4]http://www.informationcommissioner

 

Yours sincerely

 

 

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN
 
Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [5][email address]
web: [6]www.rail-reg.gov.uk
 
 
 
 
 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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1. http://www.dft.gov.uk/about/informationc...
2. mailto:[email address]
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mailto:[email address]
3. mailto:[email address]
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mailto:[email address]
4. http://www.informationcommissioner/
http://www.informationcommissioner.gov.uk/
blocked::http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner/
5. mailto:[email address]
mailto:[email address]
6. http://www.rail-reg.gov.uk/
http://www.rail-reg.gov.uk/

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