Compensation due to being stranded at Lancaster due to Storm Desmond

[kingkopite1892]

Not sure if this the right place to ask for advice but here goes.
To cut a long story short, we were left stranded in Lancaster for 2 days as the trains were cancelled due to the weather. There were no buses either so we booked a hotel before everybody else had the same idea. (the travelodge we got eventually became full).
Would we be able to claim for the stay, food and taxi from the train operator as we've kept all the receipts?
Thanks in advance for any advice gratefully received

 

[Dhassell]

Not sure if this the right place to ask for advice but here goes.
To cut a long story short, we were left stranded in Lancaster for 2 days as the trains were cancelled due to the weather. There were no buses either so we booked a hotel before everybody else had the same idea. (the travelodge we got eventually became full).
Would we be able to claim for the stay, food and taxi from the train operator as we've kept all the receipts?
Thanks in advance for any advice gratefully received

I Believe you should be able too. Email the Train Company you booked with or who you where going to Travel with.

 

[Legend]

Not sure you'll get it all back but contact the Train company you were traveling with and they'll point you in the right direction!!

 

[ainsworth74]

Could you clarify what you mean by stranded? Do you mean that you were in the middle of a journey (i.e. you were on a train and they just dumped you at Lancaster) or were you intending to travel but were unable to do so due to the railway being closed?

Assuming they TOC didn't abandon you in the middle of a journey I don't think you're entitled to anything beyond the usual compensation in the event of delays and cancellations. The NRCoC make it fairly clear that they're only liable in the event of delays and cancellations to pay compensation related to the value of the tickets. But it does make reference to considering paying extra claims in exceptional circumstances:

42. Compensation for delays

(c) This Condition 42 sets out the entire liability of the relevant Train Companies in relation to delays, cancellations and poor service. Except as shown in this Condition 42, the Train Companies do not accept liability for any loss (including consequential loss) caused by the delay and/or cancellation of any train. However, they will consider additional claims in exceptional circumstances.

So, if it were me, I'd be tempted to write off and include all the travel tickets and receipts and ask that as you were stranded and incurred extra costs would they consider reimbursing at least some of them. I wouldn't hold out much hope as it wasn't caused by something within the control of the railway but you never know!

If, on the other hand, they just abandoned you mid-journey and failed to offer any alternative travel or accommodation or any attempt to sort you out I think you might have a stronger case for a refund of the extra costs.

 

[najaB]

Would we be able to claim for the stay, food and taxi from the train operator as we've kept all the receipts?

I would be very surprised if you did. You will be entitled to your ticket cost back, but not more than that. While the NRCoC states:

(a) Where delays, cancellations or poor service arise for reasons within the control of a Train Company or Rail Service Company, you are entitled to compensation in accordance with the arrangements set out in that Train Company’s Passenger’s Charter. This can be obtained from the relevant Train Company’s ticket offices, customer relations office and internet sales site.
...
(c)This Condition 42 sets out the entire liability of the relevant Train Companies in relation to delays, cancellations and poor service. Except as shown in this Condition 42, the Train Companies do not accept liability for any loss (including consequential loss) caused by the delay and/or cancellation of any train. However, they will consider additional claims in exceptional circumstances.

Which sounds hopeful as these were exceptional circumstances. However, it goes on to say:

For the purposes of Conditions 42, 43 and 52, circumstances that are not within a Train Company’s control include:
(a) acts or threats of vandalism or terrorism;
(b) suicides or accidents involving trespassers;
(c) gas leaks or fires in lineside buildings not caused by a Train Company or a Rail Service Company or any of their staff or agents;
(d) line closures at the request of the police or emergency services;
(e) exceptionally severe weather conditions;
(f) riots or civil commotion; and
(g) fire, mechanical or electrical failure or a defect (except where this is caused by a Train Company or Rail Service Company or their staff or agents, or as a result of the condition of a Train Company’s trains).

 

[Llanigraham]

If you have Travel Insurance through your bank, or something similar, you may be entitled to claim from that.
I know my travel insurance through the Nationwide covers me for such things.

 

[ainsworth74]

If you have Travel Insurance through your bank, or something similar, you may be entitled to claim from that.
I know my travel insurance through the Nationwide covers me for such things.

Yes that would be another good option to explore.

 

[kingkopite1892]

the journey was from lime st to lancaster to barrow-in-furness. eventually got a bus from preston as far as lancaster to be told there was no trains but to wait and see what happens. in the end there was no transport provided until monday and we were there from saturday
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thanks for that
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thanks guys. will try anyways, if no joy may look at our insurance

 

[gray1404]

so let me get this right, you were travelling from Lime Street to Barrow an when you got as far as Lancaster you had to stay 2 nights in a hotel?

 

[Bletchleyite]

Even if the railway provided no transport, would a taxi back to Preston then a train back to Lime St not have been a little more sensible to mitigate your losses, assuming you had somewhere to stay there?

 

[Tetchytyke]

Even if the railway provided no transport, would a taxi back to Preston then a train back to Lime St not have been a little more sensible to mitigate your losses, assuming you had somewhere to stay there?

Or, indeed, a taxi from Lancaster to Barrow in Furness? (The M6 and the A595 remained open, so far as I am aware).

Have to say staying in a Travelodge for two nights seems a little excessive...

 

[Bletchleyite]

Or, indeed, a taxi from Lancaster to Barrow in Furness? (The M6 and the A595 remained open, so far as I am aware).

At one point the flooding did cut off the Furness peninsula by closing the A590 and A5092 (incorrectly reported as A592), but it wasn't closed for long.

Have to say staying in a Travelodge for two nights seems a little excessive...

I agree, I don't think that was acting reasonably to minimise the OP's costs, unless there was some kind of mitigating factor like a disability involved.

 

[gray1404]

Was there no member of staff at Lancaster to assist? e.g. order a taxi. What instructions were you given on the day? Which TOC will you be submitting the tickets and receipts to?

 

[cuccir]

All roads to and from the Furness peninsula were closed from roughly 17:00 on Saturday evening until late Sunday evening. Here is the tweet from Barrow Police confirming this; here is the story from the local newspaper stating the same as of 16:30 on Sunday. It reopened on Sunday at approximately 20:00, by which point someone may have already paid to stay the extra night.

Or, indeed, a taxi from Lancaster to Barrow in Furness? (The M6 and the A595 remained open, so far as I am aware).

The A595 which goes through the middle of Carlisle? They had a drop or two of water there. Here's confirmation that the A595 was also closed north in Cumbria on Sunday. And that journey would be 5 hours, one way, in good conditions and if open. Or perhaps you'd prefer they use the A592 through Glenridding? Or maybe the A593 through Ambleside and along Coniston Water. As those clearly were also dry?

The action of staying in Lancaster seem perfectly reasonable; maybe do a little research before commenting?
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At one point the flooding did cut off the Furness peninsula by closing the A590 and A5092 (incorrectly reported as A592)

No, it was also cut off on the diversionary route of the A592 via Winderemere; the A590 closures were at Levens and Rusland Pool, well before you can reach the A5902.

 

[gray1404]

Can you please what advise you were given by rail staff at the time? This will carry the most weight, i.e. if you were told that they could not provide you with any alternative transport or accommoation (train companies can provide hotels too) then you may have a stronger case. We do want to help you so it would be really helpful if you could advise what the staff said at the time?

 

[Bletchleyite]

(train companies can provide hotels too)

And indeed did at Preston, though all rooms were soon taken and people had to resort to kipping in the waiting rooms.

 

[cuccir]

It's undoubtedly the case that even if completing the journey was not possible, which it wasn't, that compensation may be not be available.

 

[kingkopite1892]

stranded somewhere beacuse there was NO TRANSPORT OR ANY WAY TO GET HOME FOR TWO DAYS IS NOT EXCESSIVE.
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only paid for 1 night as there was no way home and there was no power. THAT IS NOT EXCESSIVE WHEN YOU CAN NOT GET HOME
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the outcome was reimbursment in the form of rail vouchers, which we were delighted about as didn't expect anything.

 

[ainsworth74]

Many thanks to the OP for letting us know the outcome.

As such this thread is locked.