Am I entitled to compensation from Merseyrail?

[gray1404]

This morning the 08.43 from Formby to Liverpool Central failed near Freshfield. As such the 09.13 didn't run either as this rescued the failed unit. I first train was the 09.43, which ran a couple of minutes late, so I arrived in Liverpool Central just over 60 minutes late.

I was travelling using a Merseytravel issued disabled concessionary travel pass. Am I entitled to compensation from Merseyrail? I understand that the Consumer Rights Act requires a service provider to deliver a service with reasonable care and skill. This failed to happen as the unit failed, which is clearly within the control of the railway industry.

I assume the fact I was travelling on a concessionary ticket does not limit Merseyrail's liability under the Consumer Rights Act.

Am I therefore entitled to claim compensation fro. Merseyrail? I have never approached a TOC claiming under the Consumer Rights Act before so would appreciate some guidance.

Would my first step be to approach Customer Services, expecting to be fobbed off at first perhaps. I was thinking of asking for some Rail Travel Vouchers if reasonable.

Thanks in advance for your help guys.

 

[Bletchleyite]

You paid £0, therefore your Delay Repay entitlement is...

You'd have to prove consequential loss in Court to get anything, I reckon. Discretionary is likely to be stuff like free tickets, which aren't going to be useful to you, but you could ask.

 

[185143]

I very much doubt it. As @Bletchleyite rightly says, you've paid nothing. And it depends exactly why the unit failed. If it was because some yobs lobbed something at it, for example, then that's obviously out of Merseyrail's control.

That said, given other public transport may have been slim to non existant(?) at that time on a Sunday, you've nothing to lose by asking. They might well send you some vouchers if they're feeling nice I suppose.

 

[gray1404]

For the avoidance of doubt I am not asking for delay repay. Thanks guys.

 

[Watershed]

This morning the 08.43 from Formby to Liverpool Central failed near Freshfield. As such the 09.13 didn't run either as this rescued the failed unit. I first train was the 09.43, which ran a couple of minutes late, so I arrived in Liverpool Central just over 60 minutes late.

I was travelling using a Merseytravel issued disabled concessionary travel pass. Am I entitled to compensation from Merseyrail? I understand that the Consumer Rights Act requires a service provider to deliver a service with reasonable care and skill. This failed to happen as the unit failed, which is clearly within the control of the railway industry.

I assume the fact I was travelling on a concessionary ticket does not limit Merseyrail's liability under the Consumer Rights Act.

Am I therefore entitled to claim compensation fro. Merseyrail? I have never approached a TOC claiming under the Consumer Rights Act before so would appreciate some guidance.

Would my first step be to approach Customer Services, expecting to be fobbed off at first perhaps. I was thinking of asking for some Rail Travel Vouchers if reasonable.

Thanks in advance for your help guys.

Liability under the Consumer Rights Act would either be for consequential losses (which, presumably you did not incur) or for price reduction (i.e. partial or full refund - which would be X% of £0 = £0).

That assumes the Consumer Rights Act applies, which I am not even sure is the case. Unless you paid an application fee of some sort for your concessionary pass, it is unclear that any contract actually exists for your pass - as there would be no consideration.