HM Government.

HM Government

Petition to:

end the franchise agreement with First Capital Connect

This petition is now closed, as its deadline has passed.

We the undersigned petition the Prime Minister to end the franchise agreement with First Capital Connect. More details

Submitted by Livia Murphy – Deadline to sign up by: 03 June 2010 – Signatures: 5,854

More details from petition creator

The ongoing disruption to the First Capital Connect service travelling into London needs to stop. Timetables have been severely reduced due to mismanagement by First Capital Connect, which has not employed enough drivers to cover the shifts needed. Commuters are having to find alternate routes into work and school, adding considerable time and expense to their daily journeys. Due to this gross lack of competence, we ask the Prime Minister to treat the current disruption to services as a breach of the franchise and ask that he serves immediate notice to terminate the franchise agreement with First Capital Connect and offer it to a more capable organisation.

Government response

Thank you for signing the e-petition calling for the termination of the Franchise Agreement with First Capital Connect.

The Government knows that the disruption to services provided by First Capital Connect during the later part of 2009 and early 2010 was unacceptable in terms of cancellations, punctuality, passenger service and information provision.  

As you may be aware a number of train operators rely on drivers working overtime and rest days to provide their service and the disruption to FCC services was caused when insufficient numbers of drivers made themselves available to cover the necessary train services.

This action by the drivers was considered to be concerted action and under the terms of the Franchise Agreement constituted a Force Majeure event.   FCC are required to use best endeavours to deliver their services and in view of the Force Majeure nature of the event, amended timetables were agreed with the Department for Transport as necessary to provide the best possible service then available.   This meant that FCC were entitled to seek relief for services cancelled as a result of the disruption and that their performance, when measured, takes this into account. FCC was not in breach of its Franchise Agreement and therefore, the Secretary of State was not in a position to take the franchise away as your e-petition requested.

Since FCC returned to operate a full timetable during January 2010 their performance has continued to improve and their Public Performance Measure for the latest period is 93.5% which is the highest since August 2008. 

Finally you will wish to be aware that FCC is recruiting additional drivers to lessen reliance on drivers volunteering to work overtime and rest days.