Submitting a Stagecoach South West Trains Limited (SSWT) Settlement Claim

1. What is the deadline to submit a claim?

   The claim submission deadline is 10 January 2025.

   Please note that in order to file a claim in either Pots 1 or 2, you will need to upload documentation: proof of residency, proof of purchase of Travelcard(s), Journey(s), and/or Season Ticket(s). Please read the instructions below to ensure you have all the required documentation before starting the claim filing process as you cannot save your claim.

2. How do I make a claim for compensation in the SSWT Settlement?

   The claim filing period is now closed. The claim period opened on 10 July 2024 and closed on 10 January 2025.

The Claim Options: Pot 3, Pot 2, and Pot 1

3. What is a Pot 3 No Documentary Evidence Claim?

   If you do not have proof of purchase for either your journeys or your Travelcards, you may submit a Pot 3 Claim. This claim type is limited to 6 journeys at £5.00 per journey per claimant, with a maximum claim amount of £30.00. 

4. What is a Pot 2 Partial Evidence Claim?

   If you have partial proof of purchase for either your journeys or Travelcards, but not both, you may submit a Pot 2 Claim. This claim is limited to 20 journeys at £5 per journey per claimant, with a maximum claim amount of £100.00.

   Partial Proof of Purchase Required Documentation

   For Pot 2 Claims, you may need to obtain bank statements as part of the required documentation. For a guide on accessing bank statements, please view our here.

   Proof of Travelcard(s)/Journey(s)

   You must provide the following documents to support each of your claimed journeys. You must provide either proof of purchase of Relevant Travelcards or proof of purchase of the Journey(s).

   1. Proof of Purchase of Relevant Travelcard(s): Acceptable proof of purchase of relevant Travelcard(s) includes: a) a bank or credit card statement showing purchase from a rail ticket retailer (including Transport for London (“TfL”)) to the value of a cost of a relevant Travelcard at the time of the relevant journeys; b) hard copy proof of the relevant Travelcard; c) information obtained from your TfL account which shows a relevant Travelcard; or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a Travelcard.

   OR

   2. Proof of Purchase of the Journey(s): Acceptable proof of purchase of Journey(s) includes: a) a bank or credit card statement showing purchase from SSWT or a third party retailer of a rail ticket for use on SSWT’s services; b) hard copy proof of the Journey, together with a self-certification confirming for whom it was purchased; or c) a screenshot showing a purchase of a Journey from SSWT’s website or other online retailer.

   Proof of Season Ticket(s)/Travelcard(s)
   If you claimed a season ticket, please enclose the following required documentation to support each of the season tickets:

   1. Proof of Purchase of Relevant Travelcard(s): Acceptable proof of purchase of relevant Travelcard(s) includes: a) a bank or credit card statement showing purchase from a rail ticket retailer (including TfL) to the value of a cost of a relevant Travelcard at the time of the relevant journeys; b) hard copy proof of the relevant Travelcard; c) information obtained from your TfL account which shows a relevant Travelcard; or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a Travelcard

   OR

   2. Proof of Purchase of Relevant Season Ticket(s): Acceptable proof of purchase of relevant season tickets includes: a) a copy of a bank or credit card statement showing purchase from a rail ticket retailer to the value of a cost of a relevant season ticket(s) at the time; b) hard copy proof of the relevant season ticket(s); c) information obtained from your TfL account which shows a relevant season ticket(s); or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a season ticket.

   Proof of Residency
   If you are submitting a claim in Pot 2, you must also provide a valid driving licence or a bank or credit card statement, utility bill, or other official correspondence such as a council tax or other tax bill that is less than three months old that shows your full name and an address in the UK.

5. What is a Pot 1 Fuller Evidence Claim?

   If you have proof of purchases for all your journeys and Travelcards you may submit a Pot 1 Claim. Claims under Pot 1 will be valued based on the actual difference in price between the fare paid and the appropriate Boundary Fare. There is no limit to the number of journeys per claimant and compensation will be the actual difference between the ticket price paid and the price of the appropriate Boundary Fare.

   Pot 1 Claim – Full Proof of Purchase Documentation Required
   For claims covered by Pot 1 you may need to obtain bank statements as part of the required documentation. For a guide on obtaining bank statements, please view our guide here.

   Proof of Travelcard(s) and Journey(s)
   For each Journey claimed, you must provide proof of purchase of the relevant Travelcard and proof of purchase of the Qualifying Fare (Journey).

   1. Proof of Purchase of Relevant Travelcard(s): Acceptable proof of purchase of relevant Travelcard(s) includes: a) a copy of a bank or credit card statement showing purchase from a rail ticket retailer (including TfL) to the value of a cost of a relevant Travelcard at the time; b) hard copy proof of the relevant Travelcard; c) information obtained from your TfL account which shows a relevant Travelcard; or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a Travelcard.

   AND

   2. Proof of Purchase of the Qualifying Fare(s): Acceptable proof of purchase of the Qualifying Fare(s) includes: a) a copy of a bank or credit card statement showing purchase from SSWT or a third party retailer to the value of the price of a rail ticket for use on SSWT’s services; b) hard copy proof of the Qualifying Fare, together with a self-certification confirming for whom it was purchased; or c) a screenshot showing a purchase of a relevant fare from SSWT’s website or other online retailer.

   Proof of Season Ticket(s) and Travelcard(s)
   If you purchased one or more season ticket(s) separately from your Travelcard in order to take relevant Journeys during the Relevant Period, you must provide proof of purchase of the relevant Season Tickets and proof of purchase of the relevant Travelcards:

   1. Proof of Purchase of Relevant Travelcard(s):
   Acceptable proof of purchase of relevant Travelcard(s) includes: a) a bank or credit card statement showing purchase from a rail ticket retailer (including TfL) to the value of a cost of a relevant Travelcard at the time of the relevant journeys; b) hard copy proof of the relevant Travelcard; c) information obtained from your TfL account which shows a relevant Travelcard; or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a Travelcard.

   AND

   2. Proof of Purchase of Relevant Season Ticket(s):
   Acceptable proof of purchase of relevant season tickets includes: a) a copy of a bank or credit card statement showing purchase from a rail ticket retailer to the value of a cost of a relevant season ticket(s) at the time; b) hard copy proof of the relevant season ticket(s); c) information obtained from your TfL account which shows a relevant season ticket(s); or d) other relevant evidence, such as a loan from an employer for the purpose of obtaining a season ticket.

   Proof of Residency
   If you are submitting a claim in Pot 1, you must also provide a valid driving licence or a bank or credit card statement, utility bill, or other official correspondence such as a council tax or other tax bill that is less than three months old that shows your full name and an address in the UK.

SSWT Settlement Payments and Disbursements

6. Once I have submitted my claim what happens next?

   The Claims Administrator will use the information it receives on submitted claim forms and the required documentation to calculate the amount it believes is due to every Represented Person. This calculation cannot be finalised until the claim submission deadline has passed (10 January 2025) and all deficiencies and complaints have been resolved.

   At this time, we do not know a specific date by when payments will be sent, but they will be sent in 2025.

7. Who decides the value of my claim?

   The Claims Administrator will use the information received from timely and valid claim forms to calculate the amount believed to be due to every Represented Person in accordance with the data provided to us by the Class Representative and solicitors representing the Settlement Class.

8. When will I receive my SSWT Settlement payment?

   At this time, we do not know a specific date by when payments will be sent, but they will be sent in 2025.

9. How will my SSWT Settlement payment be sent to me?

   Settlement payments will be provided to Represented Persons via bank transfer. If you submit a valid and timely claim form, and it has been determined that you will receive a payment from this settlement, you will be required to provide the necessary bank account information at that time.

10. Is VAT being taken out of my SSWT Settlement payment?

    VAT will not be deducted from your Settlement check.

11. Will I be required to pay VAT on my SSWT Settlement payment?

    You are responsible for determining if you owe VAT on your Settlement payment, and for paying any such VAT expenses. The Claims Administrator, Class Representative, and Counsel are not able to provide any advice regarding VAT requirements. Whether you owe VAT on your Settlement payment is likely dependent on your individual financial and income/deduction reporting circumstances. Each Represented Person is encouraged to consult with their own solicitor/lawyer or financial advisor about whether they owe VAT on their Settlement payment.

SSWT Settlement Information

12. What is the status of the settlement?

    Stagecoach South Western Trains Limited (“SSWT”) and Mr Gutmann have reached a settlement in respect of this claim. The SSWT settlement (“the Settlement”) provides for the payment of up to £25,000,000 (twenty-five million pounds sterling) to eligible Represented Persons who submit a valid claim for compensation. The settlement has been reached without any admission of liability.

13. How much is the total SSWT Settlement Fund (all Represented Persons, not individual awards)?

    In the final approval of the Settlement, Stagecoach South Western Trains Limited, the defendant, has agreed to pay up to £25,000,000 (twenty-five million pounds sterling) to Represented Persons who submit a valid and timely claim and who did not opt out of the Settlement Class.

14. Are businesses included in the SSWT class?

    Businesses are included in the SSWT class. It is called an opt-out class because anyone, including businesses, who meets the class definition will be included in the claim automatically and bound by the result, unless they ask to opt-out.

15. Is anyone excluded from the SSWT class?

    The only categories of persons that are excluded from each class are:

    • Members and staff of the Competition Appeal Tribunal assigned to these proceedings;
    • Officers, directors, or employees of The Defendants ((i.) First MTR South Western Trains Limited, (ii) Stagecoach South Western Trains Limited, (iii) London & South Eastern Railway Limited, (iv) Govia Limited, (v) The Go-Ahead Group Limited and (vi) Keolis (UK) Limited.);
      • any entities which have a (direct or indirect) interest in any of the Defendants that give rise to significant control; and any entities in which any of the Defendants have such an interest;
    • Mr Gutmann’s and the Defendants’ legal representatives as well as any experts or other professional advisers instructed in these proceedings, including the professional staff assisting them.
16. How do I Opt-In to the SSWT Settlement?

    The deadline to opt in to the SSWT Settlement has now passed as of 10 January 2025.

17. How do I Opt-Out of the Settlement?

    The deadline to opt out of the Settlement has now passed as of 10 August 2024.

18. Will it cost me anything to be part of this claim or to file a claim?

    There will not be any cost to you. The funding arrangements in place mean that class members will not need to pay anything to be part of the claim and have no financial risk in relation to the claim.

19. What am I giving up in exchange for the claims’ benefits?

    If you are a class member and remain part of the class (i.e. those class members who do not opt out) will release the SSWT Defendant from any other liability and will not be able to bring any other claims against the Defendant on the same basis in alternative legal actions.

SSWT General Claim Information

20. What is this Claim about?

    The ‘Boundary Fares’ claim was filed in the Competition Appeal Tribunal by Mr Justin Gutmann on behalf of rail passengers who he alleged have paid twice for part of their journeys as a result of not being sold a Boundary Fare. A Boundary Fare is a form of extension ticket for use in conjunction with the Travelcard for travel from the outer boundary covered by the Travelcard to the destination. Boundary Fares allow passengers who own a Travelcard to travel beyond the zones covered by their Travelcard, paying only for the journey falling outside of the zones covered by their Travelcard. It would also be possible to buy a fare from the last station within the zones covered to the end destination. This would be known as a Point to Point Fare.

    Stagecoach South Western Trains Limited (“SSWT”) and Mr Gutmann have reached a settlement in respect of the part of this claim relating to the period from 1 October 2015 to 20 August 2017 so far as the claim relates to fares for travel on SSWT's services. The settlement provides for the payment of up to £25,000,000 (twenty-five million pounds sterling) to eligible Represented Persons who submit a valid claim for compensation. The settlement has been reached without any admission of liability.

    More information about the settlement can be found here.

21. Who is the class representative?

    Mr Justin Gutmann is the class representative in the SSWT claim. Mr Gutmann was approved as the Class Representative in the SW/SE Claim in the Tribunal's judgment dated 19 October 2021 and in the TSGN claims in the Tribunal’s judgment dated 24 March 2023.

    Mr Gutmann has spent a large part of his professional life dedicated to public policy, market research and, specifically, to consumer welfare. His final post prior to retirement was as a Head of Research and Insight at Consumer Focus, the UK’s statutory consumer champion, and later Citizens Advice. Mr Gutmann also spent eight years working for London Underground as Market Planning Manager.

22. What are the class representative’s responsibilities? 

    As the class representative, Mr Gutmann will have conduct of the claims against the train operating companies on behalf of all class members, except for those who have choosen to ‘opt-out’ of the class.

    During the proceedings, Mr Gutmann will be responsible for communicating with the class and for issuing formal notices. Communication will occur via updates and announcements on this website, email correspondences, and written notices. Mr Gutmann is also supported by a Consultative Group, which is made up of industry experts, should he feel it necessary to consult the group. This group is separate to the legal advisors or economists.

23. What is the Competition Appeal Tribunal?

    The Competition Appeal Tribunal is a specialist court based in London that covers the whole of the UK and hears disputes such as these. The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website.

24. What are ‘opt-out’ class proceedings?

    As a rule, class proceedings can be brought on either an ‘opt-in’ or ‘opt-out’ basis, subject to certification by the Competition Appeal Tribunal. In ‘opt-out’ class proceedings, such as these, the claims are brought on behalf of a defined group of persons but those persons do not have to be personally identified, nor do they have to opt-in to the proceedings.

    UK domiciled claimants within the class are automatically included in these ‘opt-out’ class proceedings unless they follow the specific steps to opt-out.

25. Who is the solicitor of the class representative?

    The solicitor of the class representative is Charles Lyndon Ltd.

    Charles Lyndon is a boutique litigation firm with expertise in competition law. Charles Lyndon has extensive experience of the UK collective action regime gained in building this claim and other similar actions. Charles Lyndon is a company incorporated and registered in England and Wales and regulated by the Solicitors Regulatory Authority. To see their website, click here.

26. Who is paying for the claim?

    Whilst Mr Gutmann is the class representative for the claims and runs these collective actions for the class, he is not able to fund a claim of this size and public importance on his own. Therefore, Mr Gutmann is working with a specialist litigation funder, Woodsford Litigation Funding Limited, to bring the claims.

    The non-confidential versions of certain documents relevant to the funding of the claims, namely the Litigation Funding Agreements, the Adverse Cost Deeds of Indemnity, and the After-the-Event Insurance Policies can be provided upon request by emailing info@boundaryfares.com.

More Information

27. How can I get more information about the SSWT Settlement?

    To learn more about the SSWT Settlement, you may email us at info@boundaryfares.com or call the Free Phone at + 44 808 304 8698.