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Where can I find further data about the cause of a delay?

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John Palmer

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On 21st November 2015 I made a return journey from Highbridge to Hilsea, splitting my ticket at Romsey to achieve a saving of about £3.00.

The return journey involved changes at Westbury and Taunton. The Westbury-Taunton leg was via the 1700 London-Penzance (GWR train), booked to arrive at Taunton at 1902. The connection from Taunton-Highbridge departed at 1907. Obviously I was aware that this was a tight margin, but I believe formed a valid itinerary, given the 5 minute difference.

On arrival at Westbury I discovered that the 1700 was running late, so immediately realised it was likely I would need to catch a later connection from Taunton.

In the event, my Highbridge connection departed Taunton 2 minutes late at 1909, but the 1700 on which I was travelling managed to recover only 2 minutes between Westbury and Taunton, arriving 16 minutes late at 1917. Realtime Trains shows the 1700 departing Reading 1 minute late and reaching Pewsey (the next timing point) 18 minutes late – so the delay was sustained between these two timing points

The next available connection to Highbridge was the 2017 to Bristol Parkway. This departed on time and deposited me at Highbridge at 2036. Had I made my connection into the 1907 at Taunton, I should have arrived at 1926. Thus the delay suffered was 70 minutes.

Killing time at Taunton, I enquired as to the reason for the delay and obtained a Network Rail incident print-out. This refers to a report from the Kintbury Crossing keeper that the level crossing barrier at Hungerford had failed in the lowered position with no barrier down detection. The keeper’s report is timed at 1130. The print-out (time stamped 19:29) also contains the following:

“11:40 Didcot S&T ETA 12:30. MOM ETA 12:10. 11:55 Thames Valley Police ref 589.”

The print-out gives the incident reference as 829187.

The member of staff at Taunton who provided the print-out took the view that this was a clear case in which I was entitled to compensation for delay and provided me with the appropriate claim form which I duly submitted to GWR, claiming for the Romsey-Highbridge ticket only.

Today I have received from GWR a letter rejecting my compensation claim, for the following reason:

“ Regrettably we are unable to give any compensation when the train is delayed due to animals on line.”

My first thought was that GWR had made a mistake about the cause of the delay to the 1700, in view of the print-out’s reference to the failure of the Hungerford barrier. However, the timings referred to in the print-out indicate that S&T technicians were expected on-site to deal with the problem at 1230, and this leads me to wonder whether there was a separate, later incident involving livestock that may have been the true reason for my train’s delay.

On the other hand, of course, the Hungerford barrier problem may have proved so intractable that it was, in fact, the reason for my train’s delay.

I would be interested to discover any means of accessing data that would establish the true reason for the delay.
 
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221129

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It looks like it was indeed the level crossing incident. Also I believe they should pay out for animals on the line anyway (?) so it is a moot point.
 

Tetchytyke

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Also I believe they should pay out for animals on the line anyway (?) so it is a moot point.

GWR delays only get compensated when it is within the control of the railway. I'd say livestock getting on the railway was within their control- they'd have had to break through a railway fence- but good luck getting GWR to agree.

As an aside, I love the "we are unable to give compensation" line in these letters. They're not unable at all, they could do it any time they wanted. They just don't want to. Can't upset the shareholders, can we.
 
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Llanigraham

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GWR delays only get compensated when it is within the control of the railway. I'd say livestock getting on the railway was within their control- they'd have had to break through a railway fence- but good luck getting GWR to agree.

As an aside, I love the "we are unable to give compensation" line in these letters. They're not unable at all, they could do it any time they wanted. They just don't want to. Can't upset the shareholders, can we.

There are plenty of occasions where animals get on the line due to landowners mismanagement of boundaries, and actually how "light" the standard of railway boundary fencing is required to be.
 

krus_aragon

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There are plenty of occasions where animals get on the line due to landowners mismanagement of boundaries, and actually how "light" the standard of railway boundary fencing is required to be.

By boundaries, do you mean crossings, or all boundaries? I can understand how mosuse of a crossing could rightly be blamed on the user.

Quality of fencing aside, who is responsible for its maintainance? I was of the understanding that it is the Railway.
 

Llanigraham

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By boundaries, do you mean crossings, or all boundaries? I can understand how mosuse of a crossing could rightly be blamed on the user.

Quality of fencing aside, who is responsible for its maintainance? I was of the understanding that it is the Railway.

I mean boundaries, not crossings.
You might be surprised how "light" some railway boundaries are required to be.
 

gray1404

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I understand if you are travelling on a split ticket then you are able to claim based on the value of the entire combination of tickets if you base this on the final arrival time at your destination, not just the delayed leg.

You can write back to GWR and ask them to look at the claim again. Explain that it was a level crossing related event and that is with the control of the railway (or that livestock getting onto the line is as a result of the railway not being secure.) If following this step you do not get a positive outcome you can go to Transport Focus.
 

John Palmer

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Many thanks for all your contributions. Since no-one has been able to identify such a source, I take it that records of incidents causing delays are not readily accessible online.

A letter is winging its way to GWR requesting reconsideration of my claim. I have drawn attention to the incident details supplied by Network Rail, but catered for the contingency that the delay was, in fact, caused by animals on the line by drawing attention to the responsibility of a PIC of a transport system to prevent unauthorised access, as set out in Reg. 3(1) of the Railway Safety (Miscellaneous Provisions) Regulations 1997.

If GWR insist that the delay was due to straying animals then I have asked for details of the incident and whether it was one for which NR accepted responsibility under the Performance Regime forming part of GWR’s franchise. If NR have been obliged to compensate GWR under that regime on the basis it failed to take adequate measures to keep livestock off the track, then I think it is equitable for GWR to share some of that compensation with passengers who were delayed as a consequence.

I do hope that the delay was, in fact, attributable to the presence of animals on the line, as GWR claim, since I should be singularly unimpressed by an attempt to exclude my claim by reliance on an incident that didn’t take place.

I did consider whether to submit a claim covering both portions of the split but was disinclined to introduce this possible complication into the claim.
 

bb21

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Isn't "animals on the line" within the railway's control, due to a strange quirk in relevant legislation in this country that keeping the fence secure is the responsibility of Network Rail?
 

221129

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Many thanks for all your contributions. Since no-one has been able to identify such a source, I take it that records of incidents causing delays are not readily accessible online.

A letter is winging its way to GWR requesting reconsideration of my claim. I have drawn attention to the incident details supplied by Network Rail, but catered for the contingency that the delay was, in fact, caused by animals on the line by drawing attention to the responsibility of a PIC of a transport system to prevent unauthorised access, as set out in Reg. 3(1) of the Railway Safety (Miscellaneous Provisions) Regulations 1997.

If GWR insist that the delay was due to straying animals then I have asked for details of the incident and whether it was one for which NR accepted responsibility under the Performance Regime forming part of GWR’s franchise. If NR have been obliged to compensate GWR under that regime on the basis it failed to take adequate measures to keep livestock off the track, then I think it is equitable for GWR to share some of that compensation with passengers who were delayed as a consequence.

I do hope that the delay was, in fact, attributable to the presence of animals on the line, as GWR claim, since I should be singularly unimpressed by an attempt to exclude my claim by reliance on an incident that didn’t take place.

I did consider whether to submit a claim covering both portions of the split but was disinclined to introduce this possible complication into the claim.

It was a Level Crossing Failure. I can't see any record of animals on the line for the time and date you gave.
 

sheff1

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It was a Level Crossing Failure. I can't see any record of animals on the line for the time and date you gave.

You state this with apparent authority, so I am assuming you have access to an authoritative source. In which case, it would appear that GWR are lying to passengers to get out of their obligations to pay compensation - definitely something for the OP to take further, in my view.
 

gray1404

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I did consider whether to submit a claim covering both portions of the split but was disinclined to introduce this possible complication into the claim.

I belive you should include both portions (as per my post above). This will increase the compensation level due!
 
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