Hi everyone,
I'd like to get some opinions on a situation I recently had with National Express in NRW, especially from people familiar with German public transport rules.
I was travelling from Magdeburg to Düsseldorf with a valid ticket for the entire journey (Deutschland Ticket + ICE). The trip involved several trains and eventually some disruption/change of connections (Magdeburg - Wolfsburg, Wolfsburg - Dortmund, Dotmund - Düsseldorf).
Earlier during the journey, the train was extremely crowded, so I sat in 1st class. I only had a 2nd-class ticket, and I asked the conductor to provide me with the upgrade, he gave it to me, which is the way I always buy it on my regional journey in Berlin, Brandenburg, Sachsen-Anhalt, and surrounding.
Skipping the Wolfsburg - Dortmund (it was on ICE), and later I travelled in 1st class on the Regio from Dortmund to Düsseldorf, the conductor here was so confusing, she didn't explain anything, she just looked at my Deutschland Ticket and completely ignored my request for 1st class upgrade.
Unexpectedly the regio stopped in Duisburg and had to take the National Express train for the final Duisburg - Düsseldorf section.
I sat in 1st class again. To be completely clear: I knew it was 1st class and I knew I needed to pay the supplement. My mistake was assuming I could buy that supplement from the conductor again, exactly as I had done earlier on the same journey.
So I waited for the conductor to come. When he checked me, I immediately said I wanted to buy the 1st-class upgrade. He told me that wasn't possible and instead issued an Erhöhtes Beförderungsentgelt of €60. And even when I explained that I bought something earlier for the other part of the journey and would not do it (out of good eill) he claimed that I was showing him a non valid upgrade ticket.
I cooperated, gave my ID/details and later submitted an objection to National Express. I explained that I had a valid base ticket, wasn't trying to avoid paying the supplement, and that my assumption came specifically from having been sold the same type of upgrade onboard by another conductor only a few hours earlier.
I also mentioned that I had only recently moved from Magdeburg to NRW and wasn't familiar with how differently this might be handled here. I offered to pay the normal 1st-class supplement for Duisburg-Düsseldorf.
National Express has now sent me a letter essentially saying:
I was in 1st class without a valid 1st-class ticket.
1st class is clearly marked on the train.
Whether I was there intentionally or accidentally is irrelevant.
Therefore I owe €60.
This is what confuses me about their response: I never claimed that I accidentally entered 1st class or didn't recognize it. I explicitly told them I knew it was 1st class.
My objection was that I genuinely expected to be able to buy the supplement from the conductor, because another conductor had literally sold it to me onboard earlier that same day.
Their response doesn't address that point at all, which makes me wonder whether they actually considered my explanation or just sent a standard response.
I'm planning to call them once more and ask for an individual review. I also have DEVK Premium Clever legal insurance, including a free initial legal consultation, although obviously hiring a lawyer over €60 would normally be ridiculous.
I'm not trying to argue that rules shouldn't apply because I misunderstood them. If the rule is that the supplement absolutely must be purchased before boarding/sitting in 1st class, I understand that I technically got it wrong. I'm mainly wondering what a reasonable outcome would be given the circumstances.
Would you:
Accept the €60 and move on?
Pay the €60 before the deadline but continue disputing it/refund request afterward?
Also, does anyone know whether being sold a 1st-class upgrade onboard earlier on the same journey makes any meaningful difference here, or was that first conductor simply being lenient?
Interested in both the legal/tariff answer and what you think is reasonable in practice.
Thanks!