Commuters and small businesses should support the ACES campaign: addressing Southern Rail shareholders directly…

With the Department for Transport as secretive as ever and even now concealing their decision on whether Govia is in default of its contract, commuters feel abandoned by their MPs and government. As a grass-roots campaign with limited resources, we have done as much as we can in taking the government to task, and await news from the Court next month on whether we can proceed with our judicial review.

In the meantime, the ongoing silence from MPs is shocking; even while the DfT is subject to ongoing leaks, a judicial review funded by passengers, a National Audit Office investigation and a soon-to-be-released ‘dynamite’ report from Chris Gibb. All this takes place on top of a seemingly endless industrial dispute, believed to be precedent-setting for the entire UK. The question has to be asked: if Govia cannot be trusted to run trains, how can they be trusted to act as a proxy on matters of policy?

Southern Rail is in a unique contractual relationship with the Department for Transport. They have no financial incentive to end the dispute, having already been paid a flat fee for their ‘management’ term. While no typical franchise would have let such disruption go on for so long – Southern Rail can, because they are able to pass all losses from strike action on to the taxpayer. (This includes £38 million to compensate them for lack of fare revenue during the strikes, £15 million for season ticket holder compensation, and a £300 million estimated cost to the economy.)

Govia’s only possible financial incentive lies in cutting costs, and we have more than enough reason to suspect that this is just the incentive that will drive the outcome of the industrial dispute. This concern reflects more than just the unions’ fear of what will happen after this particular franchise ends. We have recently seen Southern Rail remove the guarantee of ‘turn up and go’ travel from 33 stations on their network, reducing it to zero. This backwards step in accessibility is one that former DfT and Govia advisor Ann Bates OBE has warned could set back disabled access by thirty years.

Could it be that we are allowing the most toxic and mistrusted company in the UK to decide the benchmarks of safety and accessibility that may later be in use all over the country?

The ACES campaign: boycott and divestment from The Go-Ahead Group

ACES is an alliance of Chambers of Commerce and the Federation of Small Businesses, who hit the press with their ‘Great Train Robbers’ protest at Eastbourne station last Monday. They represent 5,000 small business owners and 20,000 employees in East Sussex – many of whom have been brought to their knees by the shockwaves of the Southern Rail crisis. ACES’ current campaign is pioneered by Eastbourne Chamber of Commerce boss Christina Ewbank, and targets the shareholders of Govia’s parent company, the Go-Ahead Group.

The Go-Ahead Group owns 65% of Govia, with the other 35% owned by the French transport company Keolis. Significant shareholders in Go-Ahead include:@johambro, @ameriprise, @Investec, @vanguard_group, @PremierInvestIA, @jpmorgan and @StandardLifeplc. For a full list of Go-Ahead shareholders, click here.

Open letters were dispatched by ACES at the beginning of the month asking shareholders to “reconsider their portfolio”. Copies of the letters can be downloaded below:

jo-hambro-open-letter

ameriprise-open-letter

investec-open-letter

investec-john-mcnab-open-letter

premier-portfolio-managers-open-letter

You can stay in touch with Christina Ewbank and the Eastbourne Chamber of Commerce through Twitter: @EwbankChristina and @EBChamber

Chambers of Commerce unite for Southern Rail Protest- this Monday at Eastbourne Station, 6:45 am

The Alliance of Chambers of Commerce (ACES) recently launched a boycott and divestment campaign aimed at Southern Rail parent company Go Ahead, writing to major shareholders Ameriprise, Investec, JO Hambro, Standard Life and Premier to warn them of their association with this now toxic brand. Their campaign, led by Eastbourne Chamber of Commerce boss Christine Ewbank, takes to the street outside Eastbourne station on Monday morning. Please support them if you can!

We don’t normally expect our local Chambers of Commerce to take to the streets in protest – but, as every commuter on Southern Rail knows, these are hardly normal times. The ‘Great Train Robbers’ protest takes place this Monday 20th February at 6.45am outside the taxi rank of the train station (closest to the Enterprise Centre). If you live in Eastbourne, please stop by and support them; even if only for twenty minutes on the way to your morning train.

Unlike larger businesses, who may be able to command a private audience and quiet compensation arrangement with Southern Rail; thousands of small businesses have suffered just as much as commuters. ACES represents 4,000 employers and 15,000 employees across the region, and it is long past time their voices were heard.

The Chambers of Commerce Protest is non-politically affiliated and addresses all parties this Monday in an urgent call for reason and a fast resolution to the industrial dispute.

Statement from Eastbourne Chamber of Commerce:

We are calling for The Great Train Robbers:

  • Chris Grayling MP (Secretary of State for Transport)
  • Paul Maynard MP (Minister for Rail)
  • Mick Cash (General Secretary, RMT)
  • Mick Whelan (General Secretary, ASLEF)
  • Charles Horton (Chief Executive Officer, GTR)
  • David Brown (Chief Executive, Go-Ahead)

to work together NOW to bring a fast resolution to the Southern Rail dispute before more people lose their livelihoods.

Collectively, these agencies have robbed over £308,000,000 from the local economy, endangered jobs and our members businesses. We ask that you join us for the protest.

We do not take this action lightly.

As a Chamber we remain non-political.  But part of our responsibility is to stand up on behalf of our members when our business interests are threatened.  Already, we have seen lower footfall in our town centre and decreased attendance at our major tourism events and venues. We have heard first hand of the struggles our business community is having and the loss of jobs as a direct impact of the strikes and the poor performance of GTR.

We do not apportion blame to any one particular agency or individual – it is the collective failings of all parties in this joint enterprise. We cannot allow this dispute and poor service to continue indefinitely. It is well over a year since this disruption started – it must now end.

Join us – this Monday 20th February – 6.45am outside the taxi rank of the train station (closest to the Enterprise Centre).

Equality of Access Crisis: Disabled passengers deserve answers – Letter to Charles Horton from ABCD

ABCD is a group of disabled passengers within the ABC community who wish to raise their voices on the access problems they are facing on Southern Rail. The removal of guaranteed assistance has been feared for months now, and many people now feel they are victims of indirect discrimination through the loss of spontaneous travel.

The following letter has been dispatched to the CEO of Southern Rail, Charles Horton, and asks him to properly address the impact of the changes his company is implementing. It has also been copied to the Rail Delivery Group, and the Ministers for Transport, Rail and Disabled People. If you have been affected by the incidents described in the letter, please scroll to the end to find out how to send your own version.

Dear Mr. Horton,

We at ABCD (Association of British Commuters Disabled Passengers) are very concerned about the discriminatory nature of the latest Exceptional Circumstances list within the Aslef train driver agreement.

Southern Rail recently rolled back the provision of ‘turn up and go’ travel from 33 stations to zero, and we are incredibly concerned that they are taking this regrettable backwards step in accessibility. We believe this contravenes the Public Sector Equality Duty under the Equality Act 2010, and the protections from discrimination assured by the Human Rights Act 1998.

ABCD is also deeply concerned about a recent RAIL magazine article where a Southern Rail spokesperson suggested that “only” those in wheelchairs would be inconvenienced by not having an OBS onboard – a comment we find deeply offensive.  Passengers with a range of physical and mental disabilities are disadvantaged by not having an OBS on board. The spokesperson’s comment, separating disabled people into “types”, is highly discriminatory in nature.

Disabled people should be treated equally no matter their impairment; removing the guaranteed second person from the train removes the rights of disabled people to work and enjoy leisure time just like any other member of society. We have made great strides in UK transport since the Disability Discrimination Act 1995 was introduced, and now Southern Rail wants to turn the clock back.

Thanks to Southern always having a guard on their longer distance services, we were able to travel spontaneously before the removal of guards.  Since the OBS system has come in, there have been countless stories of disabled passengers being left on the train at unstaffed stations, left stranded on platforms and insufficient support for transition to follow on journeys.

We have been told that we can book 24 hours in advance for support; however, this advance booking has been well known for its unreliability, particularly in recent journeys made by our members on Southern. As most services in the UK have a guaranteed second person, there shouldn’t be a need to book 24 hours in advance; which rules out all chance for a disabled person to live a spontaneous life.

We ask you to remember that disabled people don’t just live at the beginning of a route, so if a train goes without an OBS, it will affect those down the whole line, wherever they decide to get on and off anywhere on that route. This also applies to the OBS who change during the route, for example, we may have an OBS from say London Victoria to Three Bridges, but then another one from Three Bridges to Bognor Regis. Drivers often do not seem to know whether they have an OBS onboard or not until the last minute, and have been caught in many situations where they have been put in the dilemma of stopping the train and providing assistance, or leaving a wheelchair user behind on the platform.

The removal of guaranteed assistance and scrapping of ‘turn up and go’ is having a huge impact on disabled people’s lives. We are constantly worrying about every stage of our journey, not knowing if we can get on or off a train, or if there will be assistance at our destination station. This is leading to worsening mental health issues and a great deal of worry, because having a guaranteed second person is essential for our peace of mind and personal security. The additional anxiety, and extra physical and mental exhaustion in navigating travel, is likely to exacerbate disabled people’s impairments further.

We have heard of wheelchair users and other helpful passengers throwing themselves between doors to prevent the train departing, or even breaking into the guard’s cupboard to assist disabled passengers. On Thursday evening at Victoria station, a Southern Rail driver chastised a wheelchair user in front of a carriage full of passengers, saying “he has been told he should not be travelling at night”. With all that Southern Rail is doing in removing the right to ‘turn up and go’ travel, it is hard to avoid seeing this as a reflection of company culture.

Since it is now well known that issues around staffing and DOO are not solely the decision of the train operating company, we must address the Department for Transport too. Surely it is in the government’s interests to keep the second person on every train as this would aid people of various disabilities to get a job/keep their job, strengthening UK plc as well as reducing the reliance on benefits. There are numerous reports on the economic benefits of a disability-inclusive approach, without even mentioning the moral dimension.

We urge Charles Horton to think about the repercussions of these changes on others, who may be totally reliant on public transport. On behalf of ABCD members we would ask you to reconsider the damaging implications for disabled and less able passengers, and make the reasonable adjustments necessary to comply with your duties; considering this within the exceptional circumstances list specifically.

We look forward to your reply and ask that you address the matter of the precedents being set for disabled access, rather than repeating platitudes. The repeated assurance that there will be ‘more customer service than ever before’ does not hold weight when we are seeing the right to ‘turn up and go’ travel removed, and hearing regularly of discriminatory comments and actions from Southern Rail.

Sincerely,

James Welling, Sarah McStravick, Tilly Simmonds, Kaye McIntosh, Jo Bayly, Steve Salford, Edward Vermeer

on behalf of: Association of British Commuters Disabled Passengers

 

Fellow Southern Rail passengers who have been affected by access failures on Southern Rail are welcome to send their own copy of this letter, or use it as a template. If you would also like to sign this letter publicly, please let us know through our contact form.

Address the letter to Charles Horton, CEO of Southern Rail:

charles.horton@gtrailway.com

Copy the letter to:

CEO of Rail Delivery Group: paul.plummer@raildeliverygroup.com; Minister for Transport: chris.grayling@dft.gsi.gov.uk; Minister for Rail: paul.maynard@dft.gsi.gov.uk; Minister for Disabled People: penny.mordaunt.mp@parliament.uk.

 

Southern Rail’s Equality of Access Crisis – Ann Bates OBE speaks out (Part Two)

After campaigning for months on the crisis of Equality of Access on Southern Rail, ABC believes that this issue can be ignored no longer. Extensive work is underway with witnesses who have experienced the failings of Southern Rail’s system, and we are soon to take the government to court in a precedent-setting case for disability access. Today, in Part Two of our blog series, we bring you the expert analysis of former DfT and Govia advisor Ann Bates, who was granted an OBE for her contributions to the field.

Statement from Ann Bates, OBE:

“I was Chair of the Rail Group at the Disabled Persons Transport Advisory Committee (at the Department for Transport) for nine years and have worked with government, train companies, statutory agencies and other parties to ensure the full accessibility of the rail network for all passengers with the whole range of disabilities – not just wheelchair users, most of whom rely on staffing either on the train or the station for assistance.

The parties involved in the present dispute have not provided any robust solution to the ‘unstaffed train calling at an unstaffed station’ problem.  Various solutions have been proposed, all of which depend on a slick communication level that has been proven absent throughout the dispute, or negative experiences offered such as long distance taxi rides (mostly not available on the coast and many unable to fit a larger wheelchair inside), waiting on an unstaffed platform in all weathers trying to use an information point (impossible with a hearing loss), or being forced to change at another station to ‘await a staffed service’.

None of these options meet the test of ‘reasonableness’ required by the law as we will be delayed (sometimes by hours) and treated far worse than other passengers who can take trains straight through to their destination.

I have campaigned for the ‘level playing field’ concept where we get no positive discrimination, but the current plans will leave me in a more uncomfortable, more uncertain and more delayed situation than I was in travelling in the guards van all those years ago. Twenty years ago I was in the guards van, now I’m not even on the train!”

 

For Part One of our series on Equality of Access, click here.

If you have been affected by access failures on Southern Rail, please write to us at contact@associationofbritishcommuters.com

Equality of Access Crisis on Southern Rail – Rail Industry take heed! (Part One)

The news of a potential resolution to the Aslef dispute has created a new level of stress and worry for disabled passengers. Documents leaked yesterday show that the list of agreed ‘exceptional circumstances’, where a train will run in driver-only mode, have actually increased since earlier discussions. To this day, there has been no meaningful effort by Southern Rail to address the concerns of disabled passengers, and we simply cannot allow this to continue.

ABC has received an abundance of witness reports of the failings of Southern Rail’s system for access – far too many to fit into one blog. Thus, we now commence a series – bringing you in-depth comments from some of the sharpest minds on this issue; many of whom have also suffered at the hands of Southern Rail. Today’s Part One presents a background to the problem and the investigations we have conducted so far.

Part One: a background to the problem

ABC’s application for a judicial review of the Department for Transport was annouced last week, which aims to set a legal precedent for Equality of Access on public transport, as well as questioning the lawfulness of the DfT’s overall handling of the Southern Rail management contract.

The precedent we are concerned with is simple – just who is responsible for enforcing the Equality Act 2010 regarding the right to access public transport? The Secretary of State for Transport has denied to our lawyers that this is his department’s duty, and a train operating company is on record as saying “ultimately, we’ll be tested in the courts won’t we?”

This controversial issue was the subject of a recent conference on rail hosted by Transport for All, where ABC and others went head to head with the Rail Delivery Group – attempting to seek a clear answer on a very simple question: “just who is responsible for ensuring the right to equality of access on transport?” Fuller coverage of the issue, and what happened at the conference, can be found in an excellent report by John Pring of the Disability News Service.

We believe that this problem is well-acknowledged by the rail industry as a whole and suspect they must be very embarrassed by Southern Rail’s conduct, which is a further source of shame for UK rail. We would venture to suggest, however, that it is the situation with Southern Rail specifically that is the source of this shame. Elsewhere in rail, steady progress is being made through efforts such as the Department for Transport’s Access for All program, and the Persons with Reduced Mobility regulations, which require all vehicles to be fully accessible by January 2020. In other words, the renegade Southern Rail seems to be going against the grain of the rail industry itself (the target of fully accessible vehicles means very little when there is no assurance of adequate staffing or communications).

The changes made by Southern Rail have been quietly revealed through new maps requiring advance booking at every station on the network. ‘Turn up and go’ travel was previously guaranteed at 33 stations on Southern Rail, and there is no way of defending this move as anything but a step back for accessibility. Charles Horton, CEO of Southern Rail, has defended it nonetheless and has simply written off the news of this very troubling revelation as: ‘profoundly misleading’. His letter in the Guardian last month received several shocked responses from members of our campaign, and he has yet to engage with our concerns in any meaningful way whatsoever.

Equality of Access: voices from the industry

The issue of the industry’s confusion on equality of access gained landmark coverage in November’s Modern Railways magazine, which included a number of contradictory statements from TOC managers. An unnamed company, when asked how it would provide assistance in the case of trains being run in driver-only mode, said:

‘The good thing would be that all of the regular passengers would still be carried, it would only be the wheelchair users who wouldn’t be able to travel’.

The article continues:

But what if that wheelchair user had booked ahead for an important event? And it’s not just wheelchairs that need the ramp down. What about those who can walk, but only with support such as a stick or frame? And so on. The grey area demands more rigorous thinking on the part of the industry. One train operating company (TOC) Managing Director told us: ‘Societal expectations are rising all the time; ultimately we’ll be tested in the courts won’t we?’

There are echoes of the same sentiment in an article from this month’s Rail Magazine, where we see Southern Rail’s head of customer experience, Kerri Ricketts, making a highly controversial division between people with different ‘types’ of disabilities, again calling on the sentiment that it will ‘only’ be wheelchair users who are disadvantaged by the absence of onboard staff:

“…when an OBS is not available most disabled users benefit from the train continuing to run with just the driver, rather than cancelling the service and forcing all passengers to cram onto a following train. [Ricketts] said that only wheelchair users would gain from transferring onto the next service. Passengers with other disabilities – for example, those less physically impaired, blind, deaf, or mentally imparied – would be best served by continuing to travel.”

Ricketts also said that on average 1 in 1,750 trains would operate under these circumstances – fewer than one train per day. We at ABC feel that this statistic is to be taken with more than a grain of salt – if these are really the odds we are looking at, why has one local wheelchair user been left behind (and abandoned for up to two hours) on platforms three times in January alone?

It is vital that we raise this issue now and compel Southern Rail, the Department for Transport, the Rail Delivery Group and others to start playing a meaningful part in this discussion. They cannot continue to deny the reality of a problem that is so very clear and urgent to lawyers, access experts and disabled users.

We feel that the needs of the less mobile must be conceived of much more widely, and take into account the intersection of disabilities that is, most controversially, ignored by the comments quoted above. The European model uses a concept of PRM (Persons with Reduced Mobility) and includes mothers with children, pregant women and all disabilities in its scope. This is surely a much more progressive way to address this issue, than the callous division of disabilities into categories whereby, it is ‘only wheelchair users’ who will suffer. If the rail industry is truly seeking to modernise, it needs to urgently get with the times – the comments above make abundantly clear that Southern Rail has no concern for the realities of discrimination law.

Parts Two and Three of our series brings together contributions from experts, including members of the ABCD (Association of British Commuters Disabled Passengers), and we will be publishing these throughout the week. In every case, we will forward our publications to Southern Rail, the Rail Delivery Group and others, and ask them for an urgent and transparent response to our concerns.

If you have been personally affected by the problem of access on Southern Rail, please write to us at contact@associationofbritishcommuters.com

 

 

BREAKING NEWS: ABC applies to Court for judicial review of the Department for Transport over Southern Rail

We are delighted to announce that we have applied to Court this morning for a judicial review of the Department for Transport’s handling of the Southern Rail management contract. The application to Court is the outcome of our Crowd Justice fundraiser, which raised over £26,000 in September 2016. We have been working intensively on the case for five months already; a process slowed considerably by the lack of transparency shown by the Department for Transport in response to our FOI requests.

Today’s news will be extremely welcome to all our donors, supporters and volunteers; without whose support none of this would have been possible. It is right that our fellow passengers will now play a part in bringing the government to account for the damage Southern Rail has caused to so many thousands of lives.

Legal update

Detailed Grounds have been lodged at Court this morning that address the Department for Transport’s ongoing failure to hold Govia Thameslink Railway (GTR) to account for the long-term breakdown of service on Southern Rail, in regard to two distinct areas:

(1) Delay – we believe the Secretary of State has acted unlawfully by failing to determine and announce within a reasonable time whether GTR is in breach of its franchise obligations; and

(2) Discrimination – we believe that the Secretary of State has failed to comply with his duties under the Equality Act 2010 and has as a result caused indirect discrimination to passengers with disabilities.

These unlawful acts are ongoing. ABC is seeking declaratory relief – i.e. a Court finding that the Secretary of State has acted or is acting unlawfully.

Today’s application to Court is the outcome of five months of hard work; a process slowed considerably by the DfT’s resistance to providing transparency on its contractual relationship with GTR; repeatedly delaying FOI requests, which have only just been completed. Both the Southern Rail management contract and remedial plan remain publicly available only in redacted form and, without transparency, there is no way to clarify the true causes of this unprecedented rail crisis. There has long ceased to be any justification for the Secretary of State’s ‘hands off’ approach to a company that is his Department’s direct contractor.

The application has been lodged and is due to be issued imminently. It will then be served on the Secretary of State who will have the opportunity to respond by filing Summary Grounds of Resistance within a further 21 days. The Court will then consider, usually without a hearing in the first instance, whether to grant leave (permission to proceed to court). If leave is granted, ABC will launch a second crowdfunding campaign to raise sufficient funds to take the case through to its conclusion.

Comment from the Association of British Commuters:

“We are delighted to announce that we have now applied to Court for a judicial review of the Department for Transport’s handling of the Southern Rail management contract.

We are extremely grateful for the work undertaken by our legal team; namely barrister Jamas Hodivala of 2 Bedford Row and solicitor Matthew Garbutt and his team at Devonshires Solicitors LLP. All involved have gone above and beyond the call of duty in helping us seek justice on the Southern Rail crisis.

Our Detailed Grounds, lodged at Court today, are the result of five months’ hard work and the extensive research of dozens of volunteers who have supported the campaign by contributing their time and professional skills. Our donors, supporters and volunteers are the people who have been hit the hardest by the Southern Rail crisis, and they deserve to play a part in finally bringing the government to account.

We began this process back in September, at a time when we felt we’d already reached our last resort. That it has got so much worse, and the DfT have still not acted, now beggars belief. Commuters have long since passed the point of exhaustion, and it is a matter of shame for the DfT that we have had to go to such great lengths to demand action be taken.

We continue to urge the DfT to act decisively and transparently on the future of Southern Rail. The longer they stand back from this unprecedented rail crisis, the harder it will be to put the pieces back together again.”

Lianna Etkind, Public Transport Campaigner at Campaign for Better Transport:

“Today is a step forward for passenger power. It is absolutely right that the Government is held to account for the failings of the Southern franchise, which has made peoples’ lives a misery. Long before any industrial dispute, Southern passengers had to rely on a train service plagued by delays and disruptions, under a management contract with no financial penalties for poor performance.

Fundamentally, the running of a train service is down to the contract between Government and train operator, so the Government’s role in setting and enforcing the standards in the contract with Govia must be properly scrutinised. For far too long, passengers’ voices have been ignored in the tussle between Southern Rail and the unions. We need to ensure that in the future, passenger representation is written into this franchise, and indeed into all rail franchises, so that those who have to use the trains day in, day out, have their voices heard.”

Faryal Velmi – Director, Transport for All:  

“It is totally unacceptable that Southern Rail have been allowed to treat disabled passengers as second class citizens. Transport for All has heard time and again from disabled transport users who feel Southern Rail’s network is now a no-go zone; impacting on people’s ability to work and often leaving them increasingly isolated. The Department for Transport and rail industry must act urgently to prevent the basic rights of disabled passengers being flouted in this way.”

For a detailed explanation of our grounds, please view this document:

abc-grounds-for-judicial-review-explained

ABC continues to work intensively on the JR case, and several other campaigns for proper compensation and consumer justice. To donate to our campaign, click here.

The Credit Card Challenge continues: claiming under chargeback against Southern Rail…

Since breaking the news of Sean’s successful credit card claim two weeks ago, we’ve been looking at every possible avenue to help passengers with their own claim. For those who have been unsuccessful with a section 75 claim, or who purchased their ticket on a debit card or credit card where section 75 does not apply (such as pre-paid cards) – we now present a whole new approach to claiming back.

Neither ABC nor the national press have been able to determine whether Sean’s refund went through under section 75 or a similar process called ‘chargeback’. Both American Express and Southern Rail have been (unsurprisingly) tight-lipped about the basis on which Sean’s claim was awarded. In order to cover all bases in helping passengers make a similar claim, we now launch a second guide to the ‘Credit Card Challenge’. The best news of all is that ‘chargeback’ claims can cover purchases made on a debit card too.

It is impossible to guarantee success through either of these methods, but the fact that Sean’s claim was successful may mean that there is still a chance to set a important precedent. Such a precedent would not only be game-changing for consumer rights over rail, but could also leave you thousands of pounds richer after a whole year of suffering Southern Rail’s service.

Step One: read our guide to using chargeback:

chargeback-read-me-first

Step Two: use our template letter to start our own claim:

chargeback-letter

Step Three: attach evidence to support your claim (example here):

southern-rail-performance-dec-jan-2017

Please write to us at contact@associationofbritishcommuters.com to let us know if your claim was successful. Please note that we are a volunteer-run campaign and do not have the resources to advise individuals on the specifics of their claim.

DISCLAIMER:

ABC is providing this information to assist a person in making a claim under their bank or credit card company’s chargeback scheme, in connection with services provided by Southern Rail.

The sample letter provided is a template only. Any person using it does so at their own risk and accepts full responsibility for the content and accuracy of his or her claim.  ABC is not a party to any such claim and accepts no responsibility or liability for the accuracy of any information provided.

ABC does not guarantee the outcome of any claim and accepts no liability whatsoever in the event of any claim being unsuccessful.