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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.”
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I find it outrageous and quite simply unbelieveable that FGW should even consider embarressing themselves further by highligfhting their issues by threatening legal action. I have only commuted to London since May and FGW have managed to make what should be a simple journey to be one of extreme discomfort on most occassions through late or shortened trains. We pay a high price for tickets, to then be treated to over-crowded, shortened and very hot trains. In any other professionally run business, heads would roll, however as the franchise is a monopoly I suspect this apparent bullying behaviour to both its cuistomers and the Watchdog to continue. FGW, take heed, this is not the ramblings of one individual or one watchdog, this is the views of most commuters, start investing and delivering service or the wave of discontent will become a flood calling for your franchise to be recalled, its building now!!!!!
Gary, Maidenhead,
To all users & potential users of of First Great Western (FGW) there is a solution to your problems BOYCOTT the use of First Great Western (FGW). If Mahatma Gandhi could liberate India using this weapon I do not see why the long suffering commuters & users of FGW cannot succeed. If need be put pressure too on Mr. Ken Livingstone and the various councils to exempt commuters suffering from the "efficiency" of FGW from the central London tax and any parking fees until this matter is resolved. Speak to your MP and make sure that the Government & DfT supports Brian Cooke, the Chairman of London TravelWatch. If they fail well the general elections are round the corner but remember once a sleeze ball always a sleeze ball. Knowing their history why am I not surprised with Messers Blunket and Campell's involvement with FGW.
Liaquat Ali Khan, Harare, Zimbabwe
It's interesting to see exactly what long-suffering passengers think of First Great Western in the above comments.
Ironically, they are not dissimilar to what their staff think of them either!
Mark Smith, London, UK
Interesting comment about the Newquay service below. So FGW have removed a service from Bristol to accomodate this summer service? I get the 0747 from Didcot Parkway to London every weekday morning (starts from Oxford) which then forms the Newquay train back out of Paddington. I wonder if FGW will reinstate the Bristol train in the autumn, and remove the train I get? Move the problem around their huge operating area in the hopes that people think things are changing?
So far in the past month - I have arrived at Paddington 5 mins early once, on time once, 5 mins late twice and over 10 mins late every other time (and my journey is only meant to be 45 mins)! Coming home, my train has only reached Didcot Parkway on time once!
Martin, Didcot, UK
Some years ago I was the Vice President of a pressure group called STORM which was co-ordinating protest against the Railway Privatisation initiative.
It was impossible.
The trouble was that we could not find a single soul prepared to defend the privatisation position/ Literally
We printed newspapers, we ran phone ins on local radio stations, we held town hall meetings
The only people who spoke for the proposals were those who had a financial interest in them. There was one guy who spoke, once, but he was drunk.
Now given that the system had no supporters, has proved to be a financial night mare and the Labour government went to the polls promising to take it back under public control, a typical piece of new labour nonsense speak . we ask again when the interest of the public will be placed ahead of big business and a government have the nerve to grasp the nettle
Maxwell MacLeod.
maxwell macleod, edinburgh, scotland
As Thoreau said: "Beware of all enterprises that require new clothes." It would appear that in this case, our old friend British Rail is still recognisable, despite its new outfit.
Edmund Burke, Kingston upon Thames, England
I repeatedly complain to FGW about their poor customer service and get no more than an extract from their customer service manual in return. They used to state they would reply to an Email within five working days, it is now ten or more before a reply is received.
Jon Lacey, Bramley, Hampshire
If Gordon Brown is intent on restoring faith in the government a good 'first' step would be to act as the london transport watch has indicated.
An equivalent revenue could be generated from a more reliable operator and in so doing a strong warning would be sent to other operators regarding their practices.
Part of the problem is that the DfT seems to be more intent on defending the industry it is supposed to regulate than presenting the views of the taxpayers and commuters it is supposed to represent.
James McPherson, London, England
One problem with all of these public transport franchises is that they can provide a poor service to their passengers without suffering a loss of revenue. It seems that the franchise holders get their cash no matter how bad the service they provide is - no wonder our commuter rail network is so dire.
I think we should withdraw all the subsidies and make the rail networks pay for themselves through ticket sales, or renationalise the network. The current half way house is the best of both worlds only for the franchise holders.
Jamie Gilmour, Bolton, UK
That is a very good point. The complaint by the watchdog seems to be supported by the DTI. I can see why. I am not normally a traveller on this line but I went to Oxford this weekend and have never before experienced such poor service from any other train provider. It seemed normal.
Chris G, London, UK
I thought that this government was supposed to be going to stand up against corruption - it seems to be totally in the pocket of the worst 'bus and train operator that this country has ever seen. Please God let's have some sense and renationalise the rail networks.
Nick Cronin, K.O.B.I., Bromard, England
First Group have to be the worst of the bunch. I use their services regularly: no notice when services are affected by engineering works, replacement buses that turn up significantly late, rising fairs for poorer service, and overcrowded trains.
Why refurb 25 year old rolling stock when people would have appreciated additional rolling stock being put in service?
The sooner they lose their franchise the better.
Jay Long, Newbury, England
That is UK policy on transport for you, we might as well have a dictatorship ruling us as our government does not listen to anything the passenger say's!!
M, Hayes,
First Group are DIRE, they virtually monopolise the south west with there crappy expensive buses and trains
Richard, Bristol,
Every passenger should threaten to sue First Group for failing to provide the service for which they pay. As far as FGWs threat is concerned let them sue.
I expect Tory governments to be in thrall of big business but not "Labour". FGW are not performing and their franchise should be reviewed and the DfT are the people to do it.....get on with it.
mike gee, bournemouth, uk
I am having to move house because, as a professional using First Great Western's services to commute into London, I cannot rely on getting to meetings etc on time.
The service is terible considering what I pay each year.
Invariably, at least four out of five days a week, the trains both in and out of Paddington are late or do not even turn up at all.
I suggest that the government fine FGW for each late train.
For many, there is no alternative but to use FGW as they have a monopoly on this line.
I am tired and angry that EVERY evening there is a problem with ANY and EVERY train I get home from Paddington to Henley-on-Thames.
The only thing for which I would commend First Great Western is for their staff, who are always polite and helpful.
R. Eyre, Henley-on-Thames, Oxon
Which 'certain things' had no basis - 68.3% of peak services or 75.6% of long distance services meeting the target?
Maybe a fare increase would help them be more prompt....
Su Lim, Redbridge, London , U.K.
What a surprise. Big business. big crooks
Jeremy Poynton, Fromeville, 51st State
this is a serious issue. i use this train service. i totally agree with travelwatch, this service is poor. you get a better train service in zimbabwe or pakistan. i feel sorry for people who use this first group service. we should not allow first group and its powerful solicitors and friends in labour to exploit travellers. please let know if there is need to demonstrate over this issue.
thank you
mike dune, langley, uk
What incentive does the DfT have for removing FGW from their franchise? Any other bidding ToC would realise that it is unrealistic to pay the government £2billion, keep it's shareholders happy AND run a satisfactory service. You can only do two of these things and FGW have chosen the first two.
Billyo, Bath,
Alastair Campbell working for First (Worst) Great Western, - that just about sums it all up !!!
John Newbury, Calne, UK
When I raised a matter of life and death with the Chief Executive of a Primary Care Trust, concerning the appalling performance of one of his senior doctors, I was threatened with an action for libel and the threatening letter requested the names of all those who had been sent copies of the same letter.
It's a police matter now.
Kind regards,
Michael , Shrewsbury, UK
They've employed Campbell and Blunkett!!! At the risk of receiving a letter from Slaughter and May (why do firms of solicitors always have at least one partner with a silly name?) even Monty Python couldn't have arranged a more hilarious and revealing farce than that.
eric campbell, harrogate, uk
'Exactly what reputation are First Group seeking to defend?'
- maybe their reputation of being reliably late!
steve howes, london,
Threatening the public watchdog with legal action rather than trying to discuss things first is totally unacceptable and ought to be, in itself, grounds for having their franchise withdrawn. And, as Ken says, "What reputation?" They certainly have one but not the sort, methinks, that they'd like to defend.
Dave H., Sutton, Surrey, UK
Any train company that has renamed their ticket issuers as "Revenue Protection Officers" should really take a good look at the image they are projecting.
If they want passengers to stop complaining then they should do more than pay lip service in thier responses.
Last month for two weeks straight every train I caught was never on time, with no explanation until it was too late to catch another train.
Bet the directors never take the train to work. If they did money is on the service being perfect!
Peter, Maidenhead, Berks
Seeking to silence critics who make a perfectly valid point suggests there are no plans to rectify the situation. If this sort of thing continues, the only reputation left to protect will be that of a shambolic franchise.
Gary Coupe, Nottingham,
Would this be their reputation of "First Getting Worse"?
P Lee, Birmingham, UK
In various publications HMG stresses the importance it attaches to Transparency and Accountability as the bedrock of good governance. So surely it is time for the performance data and the performance assessment criteria to be put in the public domain so that the electorate can scrutinise it. Less hypocrisy and more honesty is what the electorate wants to see. Either the trains are forever late or they are not. Either the train company is meeting its targets or it is not. Which of these statements do the facts support?
D J Swainson, Chippenham, UK
Ask anyone who used the 0710 Bristol Temple Meads - Bristol Parkway - London Paddington service WHAT they think of FGW. The mentioned service was cancelled more often than it ran, then it was withdrawn so say to allow the HST unit used on this service to be utilised on the summer only London Paddington - Newquay and return. This was nothing but a smoke screen to cover their incompetence, the London Paddington - Newquay service was an extension for the summer months only of the 0905 London Paddington - Plymouth service. They promise this service will return when the Newquay operation ends in the autumn but we will see.if they KEEP that promise as they have over the past two years that their performance will improve.
Martyjon, Bristol,
Seeing as the government has awakened to the state of the railways after privatization and is now putting in more money into it now than ever before in subsidyies, is'nt it time to renationalise. M.A.Burnett.
P.S.You wil have more data on that than any one and could do a piece on it,remembering of course Dr Beechings report was not implimented by a conservitive government but a labour one? and far exceeded his recomendations. and now NEW labour are bleating they need to reinstate old ripped up lines.
Michael Alan Burnett , Yeovil, Somerset
First stink and they are the golden reason why the privatised model should be rid off in this country as they have formed to close a ties with are Scottish run govermnet and thus think they can throw around thier hideous weight
Lee, London, Greater London
I am surprized the government is so tardy in its intervention in this case. After all, action is demanded in an area of special government interest and expertise - that of bullying supposedly 'independent bodies' into suppressing criical reports.
Edwin Thornber, Bucharest,
Anyone who has suffered the inconvenience caused by late or cancelled trains on FGW service would testify to the correctness of the Travel Watch view. It is difficult to comprehend how FGW can possibly defend its service record but if anyone can I suppose Alastair Cambell can .
Malcolm McGreevy, Cardiff, Wales
At the presentation given to London TravelWatch, at its public Board meeting June 26, by FGW and Network Rail neither Alison Forster, the FGW Managing Director or the Network Rail Route Director said anything to inspire confidence that the probelms across the First Great Western network would be resolved in the near future, nor that the problems had been identified in any great detail. How can FGW threaten legal action, when the figures reported are those collated by the industry - not TravelWatch?
Charles , London ,
If vjoint plans between Network Rail and FGW to improve performance that clearly demonstrates that London Travel Watch have a sound basis to raise concerns with the relevant minister.
If the government do not agree with London Travel Watch they should say so and clearly state the reasons why. If not they should ensure that this bullying stops immediately. They have a duty to ensure that the members of London Travel Watch cannot be subject to this type of legal unless they can be shown to be grossly negligent.
John Morgan, West Yorks,
The fact that First Group is a Scottish company would, of course, have nothing to do with the Government's forbearance.
Martin, London,
If it ever went to court, their legal team should be forced to commute each day using FGW's network. A sweepstake would be held for the earliest date on which their chronic tardiness puts them in contempt.
David Masu, Zürich,
Let's be clear about this:
When a Train Operating Company says on time, it means that the train was less than ten or fifteen minutes late arriving at its final destination.
So a train that is twenty minutes late at some intermediate point but only nine minutes late at final destination is still recorded as being on time!
It is clear that quoted figures for punctuality have little relation to the reality that is experienced daily by the poor passengers.
RichardCr, Baden, Switzerland
I use FGW from Taunton to Paddington two or three times a month and I have never had any problems. The train is always claen and the staff helpful.
William Dryden, Taunton, England
Mike S,
I thought the full name of the company was "First Great Western Apologises"!
If people really want to make money, become a lawyer that works for a train company...
Simon, London,
I agree with Ken. H. from Harrow, the evidence seems to be that Great Western failed to meet the necessary targets and is thus in breach. The reasons we know this is because disgruntled passengers have compained to Travewatch who informed the Government and 'The Times'.
What possible defamation could there have been on Travelwatch's part and who will, I wonder, pay Messrs. Slaughter and May's fees for such vacuous advice.
Rod Barker, Gainsborough, England UK
RAther worrying that the Government are not jumping to to maintain the freedom of the watchdog to be critical of a poor performance of this rail operator. I wonder if I am being too cynical that it occurs to me there may be people on the board connected to members of the Government, or would that be malicious?
Cwillnic, Cardiff,
Well said Ken.H, Harrow.... First Group are utterly useless!! First Group's comments also display their contempt for their customers.
Chantel, UK,
Instead of hiring expensive corporate lawyers, if First Group were to put the money into better rail services, so many more of us would be happier. It's not as if they've got a positive reputation to protect in the first place..
Mark Burton, Reading, Berks
Would someone please write down a definition of INTEGRITY pleeeaase!!
A bit about handshakes would be good too.
Kevin Sheridan, Cape Town,
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,