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Am i entitled to delay repay ?

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Jamiescott1

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Every weekday i get the 16.50 from Paddington to maidenhead connecting onwards to Marlow

Today this train was cancelled ( cancelled well in advance due to the storm) so I left work early to get the 16.43 from Paddington arriving into Marlow 30 minutes later than I would of done if I'd got the 16.50 (had it been running). This was quickest available option


Travelling on a season ticket.
Am I entitled to delay repay for this journey as my intention was to take the 16.50 if it had been running and I have history of taking it daily on my smart card
 
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m00036

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No; As per the new NRCoT, trains 'cancelled' prior to 22:00 the previous evening are no longer scheduled to run, so can't be used for Delay Repay. If it was cancelled on the day then yes you would be due Delay Repay.
 

Watershed

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Good point :) If it was bought before 6th February, the old NRCoT applies so Delay Repay would be due.
Although I would not expect it to be 'smooth sailing' trying to get this point across.

It's also worth noting that for delays of 60+ minutes, EU Regulation 1371/2007 on Rail Passenger Rights and Obligations (PRO) establishes a right to a minimum level of compensation, which TOCs must pay regardless of the circumstances under which the NRCoT purport to exclude liability.

However, this gives operators the right to determine the compensation arrangements that apply for season ticket holders and accordingly you can effectively be told you're entitled to nothing for a one-off delay, as was the case for many years when TOCs operated under the Passenger's Charter arrangements before moving to the Delay Repay system.
 

gray1404

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Personally I would stick in a claim at this point and see what the outcome is. If it was rejected I was appeal on the basis that I am claiming against the timetable that was due to be in force on the date of travel on the date I purchased my ticket. If my appeal was still rejected I would make a complaint to customer services. If this fails I would ask for a manager of customer services to review it and failing that I would then go to the Rail Ombudsman
 

Haywain

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No; As per the new NRCoT, trains 'cancelled' prior to 22:00 the previous evening are no longer scheduled to run, so can't be used for Delay Repay. If it was cancelled on the day then yes you would be due Delay Repay.
Does the GWR Passengers Charter say the same as NRCoT?
 

AlterEgo

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Every weekday i get the 16.50 from Paddington to maidenhead connecting onwards to Marlow

Today this train was cancelled ( cancelled well in advance due to the storm) so I left work early to get the 16.43 from Paddington arriving into Marlow 30 minutes later than I would of done if I'd got the 16.50 (had it been running). This was quickest available option


Travelling on a season ticket.
Am I entitled to delay repay for this journey as my intention was to take the 16.50 if it had been running and I have history of taking it daily on my smart card
People have got a big excited about this new Published Timetable of the Day stuff. I’m afraid previous posters have missed your fundamental question: you were not delayed. You elected to take an earlier service and hence no delay repay is due…unfortunately.
 

gray1404

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The original poster says they arrived in Marlow 30 minutes later than if they're original train has not been cancelled. So they are stating that they have a 30-minute delay.
 

pelli

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According to realtimetrains.co.uk, the cancelled train was the fast 16.50 GWR service from Paddington, first stop Maidenhead at 17.08. The actual train travelled on was the stopping 16.43 Tfl Rail service, calling Maidenhead at 17.24. From Maidenhead, the onward connection at 17.14 was thus missed and the next connection was at 17.44. The original arrival time at Marlow would have been 17.36, but instead the next connection arrived on time at 18.05, resulting in a 29-minute delay relative to the long-term timetable but not relative to the Timetable of the Day.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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Edited - please delete!

== Doublepost prevention - post automatically merged: ==

The original poster says they arrived in Marlow 30 minutes later than if they're original train has not been cancelled. So they are stating that they have a 30-minute delay.
Ah yes my apologies - they took a slower train’
 

gray1404

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Personally I would stick in a claim at this point and see what the outcome is. If it was rejected I was appeal on the basis that I am claiming against the timetable that was due to be in force on the date of travel on the date I purchased my ticket. If my appeal was still rejected I would make a complaint to customer services. If this fails I would ask for a manager of customer services to review it and failing that I would then go to the Rail Ombudsman

This is all I can suggest here and see how you get on. Some delay repay forms just ask for the total delay I do not actually asked which alternative services you got. They presume this in work it out themselves.
 

Jamiescott1

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22 Feb 2019
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Thanks all.
Annual season ticket purchased in January.
I think the total payable will be around £3 for a delay of 15 to 29 minutes. Not really a great amount but will give it a try
 

Haywain

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3 Feb 2013
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Well, the only way to use a railcard is to buy a train ticket with it, and anyone buying a train ticket with a railcard now is getting it under less favourable conditions than before this change. So it affects how much benefit the user is getting from the railcard.
I don't consider that a breach of the terms and conditions of the railcard.
 

robbeech

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Thanks for updating us, it's always useful when users let us know the outcome on these claims as the data is very useful.
 
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