ATOC Redacted

Attachment 2 E Mails PF - ATOC redacted From: [email protected] Sent: 11 June 2014 13:18 To: XXXXX [DfT] Cc: XXXXX Subject: FW: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide Attachments: Easements 700418 Customers travelling from Sheffield to London Euston in possession of tickets routed.docx; [email protected]_20140611_125902.pdf

So there it is... XXXXX Senior Policy Advisor Passenger Focus (London) The independent passenger watchdog t 0300 123 0831 m 07860 526380 w www.passengerfocus.org.uk ----- END OF EMAIL ----- From: [email protected] Sent: 11 June 2014 13:16 To: XXXXX [ATOC] Subject: RE: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide

That’s because they have been withdrawn – The attachment word docx has the detail from the new RG system. The pdf an extract of easements from the start of the new service on 14 April 2014, which shows the easements are in place. In fact unlike the Chesterfield one the Sheffield one mentions Chesterfield as an excluded route.

Regards

XXXXX Lennon Service Manager | Rail Settlement Plan Association of Train Operating Companies 020 7841 XXXX | XXXXX XXXXXX | [email protected] | www.atoc.org/rsp 2nd Floor, 200 Aldersgate Street, London EC1A 4HD

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From: [email protected] Sent: 11 June 2014 12:48 To: XXXXX [ATOC] Subject: RE: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide Dear XXXXX Thanks for this. Snag is, I can’t find either of those easements in the list. Kind regards,

XXXXX Senior Policy Advisor Passenger Focus (London) The independent passenger watchdog t 0300 123 XXXX Page 1 Attachment 2 E Mails PF - ATOC redacted m XXXXX XXXXXX w www.passengerfocus.org.uk ----- END OF EMAIL ----- From: [email protected] Sent: 11 June 2014 11:41 To: XXXXX [ATOC] Cc: XXXXX [Passenger Focus] Subject: RE: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide Good morning, XXXXX has asked that I reply to you on this, as I am the contract manager who oversees the Routeing Guide for RSP. The map permissions for London to Sheffield were changed in July 2013 to facilitate the retailing of new products created by London Midland and Cross Country. The new products were designed to offer an alternative to the established ‘Any Permitted’ and route ‘via Chesterfield’ products priced by East Coast and East Midlands Trains respectively. Any Permitted London to Sheffield is not valid out of Euston and route via Chesterfield is only valid from London St Pancras. Neither location is served by London Midland, who wished to build patronage on their new faster services from London Euston to Crewe. LM saw opportunities of working with Cross Country trains to provide new products for travel, exploiting connections on the West Coast mainline, between LM and XC trains. And created new product to exploit those opportunities.

As no permitted routes existed between London Euston and Sheffield, new map permissions were deployed with two easements 700418 and 700419. The easements were designed to restrict travel to the new products only. They stated that ‘Any Permitted’ fares were not valid on the WCML. There was no reference in the easement to restricting fares routed ‘via Chesterfield’ (fare route 00129) because these were already invalid from Euston for any journey. The ‘via Chesterfield’ route has exclude locations to prevent travel to/from London from London Kings Cross; London Marylebone and London Euston. The new maps did not over ride these restrictions within the routeing of tickets priced on the fare route ‘via Chesterfield’ As a result of contact with East Midland Trains and Virgin Trains, it became clear that the mapped permissions were creating confusion, as passengers and possibly some rail staff and retailers, thought that fares routed via Chesterfield or indeed Any Permitted were valid on a route Euston -> Tamworth -> Chesterfield -> Sheffield. As this was not the case, (any never has been), the July 2013 map permissions were withdrawn as were the two associated easements. The routeing data for the fare routes LM& XC ONLY and AP LM & XC ONLY was amended to make Tamworth a mandatory location for travel using these products for travel to/from London.

Page 2 Attachment 2 E Mails PF - ATOC redacted Route via Chesterfield (00129) excludes travel out of Euston and is not allowed – even the Rail Forum agree (see attached links/pages). The route detail prohibits travel (exclude locations) Crewe; Stoke on Trent, for travel toward the WCML from the north and Bletchley, Watford Junction for travel out of London on the WCML from the south. Mr XXXXX therefore was correctly challenged for using a ‘via Chesterfield’ ticket on a train from London Euston. I hope this is helpful? Regards XXXXX Lennon Service Manager | Rail Settlement Plan Association of Train Operating Companies 020 7841 XXXX | XXXXX XXXXXX | [email protected] | www.atoc.org/rsp 2nd Floor, 200 Aldersgate Street, London EC1A 4HD ----- END OF EMAIL ----- From: XXXXX [ATOC] Sent: 11 June 2014 09:34 To: XXXXX [ATOC] Subject: FW: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide

XXXXX,

Are you about today to discuss this? I am being assailed from several sides about this route change but obviously you the one the knows exactly what has happened here......

ATOC Ltd, 2nd Floor, 200 Aldersgate Street, London, EC1A 4HD

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From: [email protected] Sent: 10 June 2014 16:59 To: XXXXX [ATOC] Subject: Validity of ticket routeing via Tamworth on a London-Sheffield 'via Chesterfield' journey - apparent change to the Routeing Guide Dear XXXXX, We should be grateful for your comments on the matter attached. Uppermost in our minds is whether the route via Tamworth was valid at the time the journey was made or, if not then, if it ever was. It seems that it is not valid now. If it was valid at the time of the journey (27th May) but has since been amended, we do query the consultation and sign-off process as we can trace no evidence of consultation about it. Following a recent meeting with DfT we understood that consultation with Passenger Focus should take place.

XXXXX recalls that Derby – Tamworth – Euston was a valid routeing at the time when he was Page 3 Attachment 2 E Mails PF - ATOC redacted discussing smartcards not long ago. Perhaps it would be quicker to discuss this over the phone. Kind regards, XXXXX Senior Policy Advisor Passenger Focus (London) The independent passenger watchdog t 0300 123 XXXX m XXXXX XXXXXX w www.passengerfocus.org.uk ----- END OF EMAIL ----- From: XXXXX [Passenger Focus] Sent: 10 June 2014 09:40 To: XXXXX [Passenger Focus] Subject: RE: Ticket validity 'via Chesterfield' PF:0069138 Hi XXXXX This passenger has come back to us with a more detailed email on this issue - he remains dissatisfied with the response received yesterday and maintains that the route referred to is valid for travel from London to Sheffield - referring to the Routeing Guide valid as of 27 May 2014.

Could you read through the below please and advise?

Thanks XXXXX

----- EMAIL OF 8 JUNE 2014 -----

Subject: *URGENT* Complaint: Re Virgin Trains, the DfT, ATOC and changes to the Routeing Guide

(1) Dear Sir/Madam,

(2) In previous correspondence, the Department for Transport has said:

(2.1) "The Department's consent [to changes to the Routeing Guide] is not required since ATOC has assured us that there is no intention to remove any existing permitted routeing permissions" (2013-10-12 letter from Stephen Hammond MP to Daniel Kawczynski MP).

(2.2) "ATOC [has told] the Department that the purpose of the changes is, variously, to: (i) include missing Route Permissions that give passengers additional benefits; (ii) introduce new Maps which clarify Route Permissions but do not allow circuitous routes; (iii) remove out-of-date and expired easements; and (iv) remove Route Permissions for lines of route where services no longer operate and/or where no valid fares routes exist. ATOC stated in the same e-mail that "it [is] certainly not our intention to remove valid routes. (2013-11-18 FOI letter from the DfT to XXXXX)" (3) ATOC recently told me: "Whilst we cannot commit to only amending/withdrawing permitted routes when fare changes come in to effect [despite the fact that section 10-6(2)(b) of the TSA (pp.259-260) appears to require exactly this!] we do not intend to amend/withdraw permitted routes too frequently. Any request would need to be submitted Page 4 Attachment 2 E Mails PF - ATOC redacted to the Department for Transport for approval which prohibits updates occurring too frequently" (2014-05- 27 email from XXXXX [ATOC] to XXXXX [myself]). (4) Bearing in mind the above, I now provide a timeline: (4.1) 2014-05-27: I travel on the 19:40 Virgin Trains service from London to Tamworth. I hold a 'via Chesterfield' ticket from London to Sheffield. London to Sheffield via Tamworth and Chesterfield is a permitted route. I comply with the restriction code. The Train Manager tells me that my ticket is not valid, that I need to hold an 'Any Permitted' ticket, that I will be 'let off this time' but 'must not do it again'. I send an email to Virgin Trains querying the Train Manager's (incorrect) view.

(4.2) 2014-05-28: Virgin Trains Customer Relations tell me over the phone that 'via Chesterfield' tickets are not valid via Tamworth (which is incorrect). I ask them to confirm their view in writing.

(4.3) 2014-06-04: After chasing up Virgin numerous times they finally send an email confirming the (incorrect) view they expressed over the phone. Frustrated with Virgin, I contact ATOC.

(4.4) 2014-06-05: ATOC (XXXXX from the 'Customer Contact Team') calls to tell me that via Tamworth is a permitted route (which is correct) but Virgin have told ATOC that the 'via Chesterfield' ticket is not valid because of a 'fare check rule' (which makes no sense). ATOC also tell me that the route via Tamworth may be withdrawn in future. I ask why. They say EMT requested it. I ask why EMT would want to withdraw a permitted route that shifts passengers off their own services. ATOC say they don't know. ATOC confirm that any change to the permitted would would require Passenger Focus to be contacted and the consent of the DfT. I ask ATOC to clarify Virgin's 'justification' for the 'via Chesterfield' not being valid via Tamworth.

(4.5) 2014-06-06: ATOC call to tell me that the colleague who communicates with Virgin Trains is off work today, so ATOC will call back next week. Later that same day, the Routeing Guide is updated and numerous London to Sheffield permitted routes are withdrawn. A summary of changes is published on the ATOC website (this is better than before, though it still doesn't comply with the TSA) and it is clearly stated that the removal of the London to Sheffield permitted routes is a 'data correction'. This is NOT a 'correction'. London to Sheffield via Tamworth has been a permitted route for years. The fares have always been reasonable (even in 1996). London Midland even price a whole series of 'LM & XC only' London to Sheffield tickets that are only valid via Tamworth! (5) I am very, very annoyed with what has happened. The DfT has consistently said that they don't need to get involved with Routeing Guide changes because ATOC is only making 'clarifications' and 'corrections', and that ATOC has to seek the consent of the DfT (and the DfT will take into account the views of Passenger Focus) before any permitted routes can be withdrawn. However, despite ATOC playing dumb when talking to me over the phone on June 6th, that same day they withdrew the permitted Page 5 Attachment 2 E Mails PF - ATOC redacted route via Tamworth. Furthermore, only the previous day had they said that a change was being considered, whilst confirming that the DfT and Passenger Focus needed to be contacted for such a change to occur. Considering that the DfT and Passenger Focus regularly take more than 30 days to respond to enquiries from the public, am I seriously to believe that the DfT and Passenger Focus were both consulted by ATOC, and gave their considered replies to ATOC, within the space of 24 hours? [UPDATE: On 9 June 2014 the DfT confirmed that they had not been contacted by ATOC regarding the change]. Even if this were to be the case (which I very much doubt - "between 5 April 2011 and 9 October 2013 the DfT approved [only] three changes to the Routeing Guide" - 2013-11-18 FOI letter from the DfT to XXXXX), why did Passenger Focus not seek the views of affected Rail User Groups? (6) In summary,

(6.1) I am not happy with the way Virgin Trains have behaved when communicating with me (Virgin repeatedly told me that 'via Chesterfield' tickets are not valid and even said that travel via Tamworth is not a permitted route, but why would ATOC withdraw the permitted route via Tamworth if Virgin hadn't requested it?).

(6.2) I am not happy that ATOC withdrew long established permitted routes within the space of 24 hours.

(6.3) I am not happy with the way ATOC have behaved when communicating with me (see paragraphs 4.4, 4.5 and 5).

(6.4) I am not satisfied with the DfT's 'safeguards' (see paragraphs 2.1 and 2.2) against unauthorised changes to the Routeing Guide.

(6.5) I am not happy with the apparent collusion / price-fixing between TOCs and ATOC (Why would EMT consider withdrawing the permitted route via Tamworth when it only affects Virgin/CrossCountry? Why was this only considered soon after a passenger complained to Virgin Trains about being prevented from using the permitted route via Tamworth?). (7) I expect Passenger Focus to deal with complaints 6.1 through 6.4. (As regards complaint 6.5, although Passenger Focus is welcome to adduce evidence that TOCs aren't, or are, colluding / price- fixing, I am considering complaining to the ORR given that the Competition Act 1998 falls within the ORR's remit). As part of complaint 6.4, I expect Passenger Focus to push the DfT to: (i) confirm that ATOC cannot make any changes to the PDF Routeing Guide without the DfT's permission (I don't care about the electronic Routeing Guide which underlies the National Rail Enquiries website - unlike the PDF Routeing Guide the NRE website isn't a contractual document and ATOC should be free to make regular changes to it, such as adding additional permitted routes to accommodate engineering works), (ii) confirm that changes to the PDF Routeing Guide will only be published on dates when new 'fares setting rounds' come into effect (see section 10-6(2)(b) of the TSA (pp.259-260)), (iii) confirm that TOCs cannot 'team up' Page 6 Attachment 2 E Mails PF - ATOC redacted in an attempt to change permitted routes to the detriment of passengers. (8) I expect Passenger Focus to be approaching a resolution and email me an update within 5 working days. ATOC managed to change the Routeing Guide within 1 working day. This is an urgent issue which cannot be prolonged. (9) Yours faithfully, (10) Mr XXXXX ----- END OF EMAIL -----

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