Delay Repay - measuring against timetable when purchased, or later amended timetable.

During the week after the Bedford crash (when the line was shut) I had plans to travel from Bedford to London three times, using tickets purchased before amended timetables were published or cancellations were made as a result of the crash.

My journeys were obviously significantly delayted - twice I was travelling to Croydon, and Thameslink promptly paid out delay repay for the delay I incurred. On the Friday, I has planned to travell to St Pancras on EMR. I made a delay repay claim, which was rejected without explanation and I appealled, and didn't hear anything for more than a month, so today have queried with EMR Customer Services (via DM on social media).

They are maintaining that delay repay should be measured against the amended timetables that were in force on the day I travelled (ie with no direct trains from Bedford to London) rather than the timetables when the ticket was purchased. This goes against my understanding in analgous situations such as where engineering works force an amended timetable - the delay is measured against the journey that could have been planned when the ticket was bought (which is obviously straightforward to show where the ticket is sold with an itinery). This might or might not be the amended timetable.

Am I right, or are they right? If I am right that I am due compensation, is there anything clear on the issue I can point them to that would demonstration the correct approach?

Many thanks.

From EMR's Passenger's Charter:

Where an emergency timetable or amended timetable is in place, delays are calculated according to the revised timetable. An emergency or amended timetable may be introduced for a number of reasons such as planned or emergency engineering work, industrial action or severe weather.

Click to expand...

I believe all operators have a similar policy on paper, though in practice some do tend to compensate you anyway for a cancellation announced late the night before.

They are unfortunately correct. Delay Repay is paid on the basis of the timetable in force on the day of travel.

Thank you - useful to have my misapprehension corrected.
So I guess my remedy for the breach of contract is solely that I could have obtained a full refund from the retailer instead? (Not that it would have helped me here - I still needed to be in London despite the complexity of the journey).

I would refer to this thread where I posted a fuller explanation of the legal principles at play:

In summary, I think you have a fair claim, but you would probably have to take it to court to get anything.