First class commuter loses case

Mr Simms travelled from Maidstone East to London Victoria each day

A judge has ruled first class seats on trains are not only for use by first class ticket holders.

A commuter from Kent who complained Connex let standard class passengers sit in first class seats lost an attempt to sue the rail firm on Tuesday.

Tony Simms from Maidstone had a first class season ticket between the Kent town and London with Connex.

He claimed he regularly could not sit in first class carriages because standard class ticket holders were already in the seats.

But in court on Tuesday, a judge ruled Connex had not done anything wrong.

'Frustrating, irritating and annoying'

Mr Simms said he travelled every weekday on the 0610 BST train from Maidstone East to Victoria.

He had wanted Connex to refund him money for the journeys in which he had not been able to find a seat in a first class compartment.

At Maidstone County Court, District Judge Millward said she had every sympathy with Mr Simms and was sure it was "frustrating, irritating and annoying".

But she ruled Connex was not obliged to keep first class carriages exclusively for the use of first class ticket holders.

Connex was stripped of its right to run the South Eastern franchise earlier this year.

Mr Simms said after the case he was "very disappointed" and hoped for a better service from whoever took over the franchise.

Connex spokeswoman Deborah Pester said: "Obviously we are pleased with the outcome."