The passenger charter is perfectly clear.
If no seats then we pay out.
It's also considered a done thing that if you cannot get a seat in First Class and as a result you take a seat in Standard Class (which is available) then you are compensated. Rightly so in my opinion.
I can't see how a
TOC▸ can justify not refunding the additional First Class part of the fare if you didn't actually use the service on the train.
A long time ago I had issue on a Southern Trains service where I purchased a First Class Ticket to travel from Brighton - London Victoria. The train was short formed and had 5 Carriages instead of 10. There was a "Celebrity" onboard and some
passengers who claimed they had rights to deny me entry to First Class Private Security told me First Class was off limits. Any other passenger I think would have accepted this, sat in Standard Class and claimed back from the TOC if they could be bothered.
I however being the awkward sod I am, was having absolutely none of it. To cut a long story short. A vicious verbal argument broke out, I quoted
NRCoC▸ , that got the
BTP▸ called and the train delayed.
Southern kinda missed the point and said that First Class would have been refunded if the accommodation was full (it wasn't) but refunded me the fare in full + a good will gesture for the distress I received and subsequent severe delays I encountered as a result (A missed flight from Stansted
)