Compensated twice delay repay

[michealjb]

Hi all,
Put in a DR claim for outward and return journeys, with delays being over 2 hours each time. The delays were caused by different companies on outward and return so I've been compensated twice the amount (nearly £500).
Am I at any fault here- was not under the impression I would not be compensated twice but not have been paid back more e total amount.

 

[Watershed]

Hi all,
Put in a DR claim for outward and return journeys, with delays being over 2 hours each time. The delays were caused by different companies on outward and return so I've been compensated twice the amount (nearly £500).
Am I at any fault here- was not under the impression I would not be compensated twice but not have been paid back more e total amount.

In theory you could be asked to repay anything over 100%. In practice it's highly unlikely you'll ever be asked to do so, but just to be on the safe side, it's probably best to keep the second 100% in a savings account rather than spending it.

 

[AlterEgo]

Hi all,
Put in a DR claim for outward and return journeys, with delays being over 2 hours each time. The delays were caused by different companies on outward and return so I've been compensated twice the amount (nearly £500).
Am I at any fault here- was not under the impression I would not be compensated twice but not have been paid back more e total amount.

So to be clear your ticket cost nearly £500? I’m a bit confused!

 

[Dai Corner]

So to be clear your ticket cost nearly £500? I’m a bit confused!

I think the OP's ticket cost nearly £250 and be was compensated 100% of that by each TOC, making nearly £500 in total.

 

[Alex C.]

So to be clear your ticket cost nearly £500? I’m a bit confused!

I imagine (for example) 2 returns Portsmouth to York - delayed 2hrs+ on SWR on outward, 2hrs+ by LNER on return - claims to both who have refunded the return tickets in full. Would only need an individual ticket to be £125. Would be even less if more than 2 travelling.

 

[michealjb]

The ticket was from the midlands down the south, costing just over £250.

In theory you could be asked to repay anything over 100%. In practice it's highly unlikely you'll ever be asked to do so, but just to be on the safe side, it's probably best to keep the second 100% in a savings account rather than spending it.

My concern is if they ask for admin fees. Do I have any recourse?

 

[some bloke]

Are you sure this isn't covered by criminal law?

Theft Act Offences | The Crown Prosecution Service

www.cps.gov.uk

National Rail Condition of Travel 32 says "you cannot recover the same money twice".

 

[Snow1964]

The ticket was from the midlands down the south, costing just over £250.

My concern is if they ask for admin fees. Do I have any recourse?

I wouldn't worry, you have the extra money, if a suggestion of admin fees is made by them to return it, keep an amount back to cover your admin, it works both ways.

The bigger question is how much to refund to each if one asks for it back, probably should only pay 50% back, keeping other 50% extra to refund to other company when and if they ask for it.

It would be risky to repay one operator, if they have not said they would pay half to the other operator, as other might later come back also asking for a refund. They don't seem to have coordinated well so far each paying full refund, so wouldn't rely on them to sort it between them with allocating repaid overpayments.

 

[AlterEgo]

Operators don’t talk to each other when paying delay repay. There’s no safeguard in the system to prevent what’s happened to the OP. I’d stop worrying.

 

[sefyllian]

I think you’re perfectly entitled to the full £500 and see no problem keeping it.

Delay Repay isn’t a refund. It’s compensation. The original ticket price is used when calculating the amount, but that’s neither here nor there. The payment is to compensate you for the inconvenience caused by the delays.

If you were severely inconvenienced twice, them you’re eligible for twice the compensation, using the published rates. I don’t see anything fraudulent about that.

Even if the delays were caused by the same company, and you made both DR requests to them using the same ticket, I think they should still pay the full £500 compensation to you.

 

[some bloke]

Delay Repay isn’t a refund. It’s compensation. The original ticket price is used when calculating the amount, but that’s neither here nor there. The payment is to compensate you for the inconvenience caused by the delays.

If you were severely inconvenienced twice, them you’re eligible for twice the compensation

Condition 32.2 says that under industry arrangements you can only recover up to the price of the ticket.

It makes a distinction between that and discretionary compensation "for other losses".

 

[Cantab26]

Are you sure this isn't covered by criminal law?

Highly unlikely

== Doublepost prevention - post automatically merged: 24 Jan 2023 ==

National Rail Condition of Travel 32 says "you cannot recover the same money twice".

This refers to recovering money for the same loss under both the industry arrangements and under the passenger’s statutory rights.

It does not apply to situations where there are two potential claims under the industry arrangements and also does not exclude claims at common law.

== Doublepost prevention - post automatically merged: 24 Jan 2023 ==

Condition 32.2 says that under industry arrangements you can only recover up to the price of the ticket.

It makes a distinction between that and discretionary compensation "for other losses".

The limit is for “claims”. However, it does not specify whether this is the cap for ‘a’ claim or if multiple claims must be aggregated under the same cap.

In a case of dispute the court will generally be more disposed to the interpretation more favourable to the consumer.

== Doublepost prevention - post automatically merged: 24 Jan 2023 ==

Hi all,
Put in a DR claim for outward and return journeys, with delays being over 2 hours each time. The delays were caused by different companies on outward and return so I've been compensated twice the amount (nearly £500).
Am I at any fault here- was not under the impression I would not be compensated twice but not have been paid back more e total amount.

Keep the money.

If anything more comes of it (unlikely) then come back here and we should be able to assist.

 

[Watershed]

My concern is if they ask for admin fees. Do I have any recourse?

There would be no legal basis for charging admin fees. Clearly you haven't done this dishonestly either, and thus there can be no question of any criminal offence arising.