LONDON, Nov. 28,
2022 /PRNewswire/ -- On 5
October 2022, the Competition Appeal Tribunal (CAT) issued a
collective proceedings order certifying a class consisting of
certain rail passengers that paid for travel on the London-Brighton mainline. The Class Representative
claims these rail passengers overpaid for journeys. The Class
Representative seeks to recover money for the class members from
Govia Thameslink Limited (GTR) and its parent companies, The
Go-Ahead Group Plc and Keolis (UK) Limited.
The CAT set a deadline of 6
January 2023 for class members that were U.K.
domiciled on 5 October 2022 to opt
out of the proceedings and for class members who were non-U.K.
domiciled on 5 October 2022 to opt in
to the proceedings.
Claim Summary
The Claim alleges that the fare-setting regulatory regime does
not entitle GTR to issue fares limited to only Southern and/or
Thameslink branded trains but requires GTR's fares to permit travel
on all three brands (Southern, Thameslink, and Gatwick Express).
The Claim alleges that by charging higher prices for fares
permitting travel on two or all three brands, GTR has been (and is)
abusing its dominant position in the market for rail services on
the London-Brighton mainline in breach of Chapter II of
the Competition Act 1998.
The Class
The class comprises any person who after 30 September 2015 paid for: (1) Any Permitted
fares (tickets) issued by GTR for travel in either direction
between stations on the London-Brighton mainline (including fares covering
travel on London Underground) but excluding fares for travel
exclusively within Travelcard Zones; (2) Not Gatwick Express fares
issued by GTR for travel in either direction between stations on
the London-Brighton mainline (including fares covering
travel on London Underground) but excluding fares for travel
exclusively within Travelcard Zones; (3) Train travel where a
passenger taps in or out at platforms 13 and 14 at London Victoria
with Oyster Pay As You Go or other contactless payment cards when
travelling to or from another station on the GTR train network
(including stations north of London); and/or (4) Penalty fares or excess
fares when travelling on the London-Brighton mainline imposed exclusively because
the person was travelling on a GTR train brand excluded by the
relevant fares originally purchased by the person.
Class Member Options
Passengers domiciled in the United
Kingdom on 5 October 2022 will
be automatically included in the claim unless they request to be
excluded. Anyone domiciled outside the United Kingdom on 5
October 2022 will not be included in the claim unless they
request to be included. For a class member to exclude
himself/herself from the claim he/she must write to GTR Opt-Out
Collective Action, PO Box 114, Minehead, TA24 9DN. Instructions are
available on the dedicated claim website at www.gtrclaim.co.uk.
Notice of an intention to opt out must be received
by 6 January 2023 to
be effective. Non-U.K. domiciles may opt in to the claim by
completing a form
at www.gtrclaim.co.uk by 6
January 2023.
Class members who remain in the class or opt in will be bound by
all judgments and orders in the proceedings and may be eligible to
receive money, if any, is recovered.
The case is Case 1404: David
Boyle v. Govia Thameslink Railway & Others. To learn
more about the Claim, visit www.gtrclaim.co.uk or the
Tribunal's website at
https://www.catribunal.org.uk/cases/14047721-david-courtney-boyle.
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