2007年8月13日 星期一

Rail firm’s legal threat to silence passenger watchdog (The Times)

bbc《泰晤士報》披露,英國服務表現最差的鐵路公司企圖"捂住監督組織的嘴"。

報道說,對於向其提出批評的官方監督組織,鐵路公司揚言要控告它誹謗。

監管組織London TravelWatch去信主管鐵路事務的官員,質疑鐵路公司First Great Western未有履行協議,因為該公司泰晤士河谷地區的火車服務幾乎有三分之一遲到。

根據FGW的合約,該公司起碼應該有92%的火車準時,可是實際上只做到68.3%。

當FGW未有改善其服務後,London TravelWatch去信政府提出投訴。

但FGW竟然委托律師警告London TravelWatch,要求收回有關信函。

From
August 13, 2007

Rail firm’s legal threat to silence passenger watchdog


Britain’s worst-performing train company tried to silence the official passenger watchdog by threatening to sue it for libel for making a complaint about its poor performance.

London TravelWatch had written to Tom Harris, the railways minister, to ask whether First Great Western (FGW) was in breach of its franchise agreement because almost a third of its commuter trains in the Thames Valley were late.

FGW has a target in its contract of 92 per cent of trains on time but managed only 68.3 per cent on its peak services. Its long-distance services are also the least punctual in the industry, with only 75.6 per cent on time compared with a national average of 85.2 per cent.

The letter stated that the number of complaints from passengers received by the watchdog had more than doubled and that overcrowding was more than twice as bad as for the average operator in London and the South East.

Brian Cooke, chairman of London TravelWatch, held a series of meetings over several months with FGW to discuss its performance and had repeatedly urged it to take action to improve its service.

When the situation failed to improve, Mr Cooke wrote to the minister setting out the problems and telling him that the watchdog’s board had unanimously passed a resolution calling on the Department for Transport (DfT) to “consider terminating the franchise”.

Mr Cooke gave a copy of the letter to The Times and also sent one to Moir Lockhead, the chief executive of First Group, FGW’s parent company.

Mr Lockhead passed it to the company’s lawyers, Slaughter & May. They wrote to London TravelWatch demanding that it withdraw the letter, which they described as “defamatory”. They also ordered Mr Cooke to reveal the names of everyone who had received a copy.

When Mr Cooke refused to back down, Slaughter & May wrote again, saying: “Your continued failure to address and remedy the damage being caused by your defamatory remarks is plainly unacceptable . . . Our client feels compelled to reserve its position against you.”

The Government knew about First Great Western’s attempt to silence the watchdog, but took no action. Mr Harris has acknowledged Mr Cooke’s letter but has yet to answer any of the questions that it contains despite receiving it more than three weeks ago.

First Group, Britain’s biggest bus and train operator, has formed close links with senior Labour figures. It employs Alastair Campbell, Tony Blair’s former spokesman, to advise on “strategic communications” and has engaged David Blunkett, the former Home Secretary, to chair a commission that is expected to give strong backing to the company’s yellow school buses. First Group has refused to say how much the two are paid.

The Government’s rail budget is highly dependent on First making almost £2 billion in payments over the next ten years for the right to operate two franchises, FGW and First Capital Connect. The DfT can take enforcement action against train companies that breach their franchise agreements by failing to deliver minimum service levels. But it is unclear exactly what would constitute a breach.

Mr Cooke’s letter said: “If a breach has occurred, appropriate sanctions should be applied, and this should be stated publicly. If it has not, then the travelling public at least deserves a clear explanation of how much worse things will be allowed to become before the operator feels any pain.”

Mr Cooke told The Times that London TravelWatch had a duty to alert the Government to potential franchise breaches. “It was outrageous to threaten to sue us in order to keep us silent when we were only performing our statutory duty in reporting these matters to the Secretary of State,” he said.

“We were surprised that the DfT did not attempt to dissuade First from bullying the public watchdog.”

Yesterday a First Group spokesman said: “We had made clear to London Travelwatch repeatedly that certain things they were saying had no basis. We are within our rights to defend our reputation.”

A DfT spokesman said: “FGW’s performance has not been satisfactory for the passenger. Joint action plans are in place between Network Rail and FGW to address this.”

Worst Group's performance is in fact much worse than they declare. To inflate performance figures trains aren't "cancelled" any more - they are "revised". So we see gems like Penzance - Paddington trains being "revised" to start from Exeter, Worcester - Paddington trains being "revised" to start from Oxford, even Paddington - Reading all sations stoppers being "revised" to omit all the stops!

George W, Reading, UK

Given a story with the elements of a rail franchisee close to this Labour government and one of the biggest law firms in London you could conclude, without reading it, that there would be no good news for passengers who are also the taxpayers who pay the subsidies. That this government would take no action when a passenger watchdog is threatened should not evoke surprise; that should be reserved for the phenomenon of their huge lead in the opinion polls - we get the politicians we deserve.

Graham McKean, Sevenoaks, UK

i am very pleased to see that the times has not been intimidatedby this ridiculous threat atwhich any competant lawyer would simply laugh

peter codner, devizes, england


Ah yes, the wonderful reputation of first great western...Friday before last my FGW train was so late I missed the equally FGW connection...the next FGW train broke down in the station and had to wait even longer for the next one, which likewise arrived late....the next train was a virgin one and although horribly crowded, actually got there on time..and in this way my perfectly simple 3 and a half hour journey took six hours.
again - what reputation?

Meg, Pembs,

"First" group are a collection of bus-operating spivs who have got hold of trains.

Their public relations go from bad to worse, and their treatment of passengers is disgraceful.

They should have all their franchises taken away from them.

Come to that, the government should stop trying to hide behind the TOC's, and start giving us a decent train service, similar to that in other European countries.

G. Tingey, London,

FGW excel in only 1 thing, apologising. A constant stream of apologies for late trains, cancelled trains, slow running, faulty toilets, suspended buffet service due to staff shortages, no trolley service to First Class, faulty air conditioning in windowless carriages, the list is endless, and the staff are clearly highly trained in delivering these endless apologies. It is a great shame they do not direct their efforts at eradicating these constant service failures, rather than becoming expert apologists

Mike S, Reading, Berks

Exactly what reputation are First Group seeking to defend?

Ken.H, Harrow,





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