Incorrect removal of passenger from service travelling with a valid ticket

The Rail Ombudsman can look into disputes concerning the attitude and helpfulness of customer service staff.

The issue

The Consumer complained about an incident when travelling with a ticket for a service which was cancelled on the planned day of departure. The Consumer explained that they had contacted the Rail Service Provider (RSP) to discuss their options prior to travel and were advised their ticket would be valid on an earlier service that day. At the station the Consumer asserts to have been told by staff that their ticket was not valid, and they were later removed from the train by the British Transport Police (BTP).

Thereafter a series of events were reported by the Consumer, including an alleged incident where the Station Supervisor told the BTP that the Consumer had given an incorrect version of events, and subsequently asked them to ban the Consumer from travel. A complaint was also raised regarding the conduct of the Station Supervisor.

The Consumer was seeking the maximum award available to them by the Rail Ombudsman of £2500.

The Response

The RSP acknowledged that the Consumer’s ticket was in fact valid for the earlier service and they agreed that the Consumer should not have been removed from the train. The RSP stated that feedback had been provided to the relevant staff, and they reiterated an earlier offer that they had made to the Consumer of a full ticket refund, plus a sum of compensation in recognition of the incident. This offer was rejected by the Consumer.

What the Ombudsman did

In considering an appropriate outcome, the Ombudsman carefully considered all evidence supplied by the parties. This included bodycam and CCTV footage of the incident, copies of correspondence between the parties, including with the BTP, and phone call recordings between the Consumer and the RSP.

The Ombudsman acknowledged the Consumer’s account of the impact of the incident also noting they had been explicitly informed that their ticket was valid for an earlier service. Reference was made to the Consumer having been wrongfully and publicly ejected from the service by the BTP and repeatedly being misinformed as to their ticket’s validity. It was considered that the incident could have been avoided if staff had listened to the Consumer’s explanation. Involvement of the BTP was found to have compounded the seriousness of the incident and caused the Consumer additional trouble.

The Ombudsman found that the Consumer’s experience merited a ‘Low Time, High Trouble’ award in line with the Rail Ombudsman’s Compensation Framework. However, in light of the RSP’s apology, their attempts to provide a remedy, and the Consumer’s handling of the incident, the Ombudsman did not consider that the compensation due fell within the upper limit of this bracket. Accordingly, the sum of £350.00 was awarded in recognition of time and trouble. This amount factored in both the aggravating factors, and the remit of The Rail Ombudsman Compensation Framework. The Ombudsman recommended that the RSP ensures its staff are kept informed of currently policy where this relates to ticket validity.