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CrossCountry, Delay Repay processing times

pdq

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Joined
7 Oct 2010
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899
I'm going to email both customer services teams with all the details so they can sort it out between them.
 
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Watershed

Veteran Member
Associate Staff
Senior Fares Advisor
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26 Sep 2020
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I've just come off a frustrating call with XC (after being on hold for over half an hour) where they are flatly refusing a DR claim that they caused.
Journey by my daughter: Tenby to Huddersfield on Aug 14th, changing at Swansea, Bristol PW and Manchester Picc.
The 0936 TEN-SWA was delayed, and arrived at SWA at 1121ish. 1122 SWA-PAD was held for less than a minute as passengers were ushered onto the PAD train.
No issues on that train, or at BPW. The XC BPW - MAN was then heavily delayed towards MAN meaning she missed her planned TPE train there and ended up in Hud somewhere under an hour late.

They are telling me that TfW are responsible even though that train's delay was not material as it was mitigated by good management at SWA. If the later XC train hadn't been delayed, she would have arrived at HUD on time. They say it was 'impossible' for her to get the 1122 - even though she did! Surely if I claim from TfW it's under false representation as their delay didn't cause my daughter's.

Any thoughts on next steps? It feels fraudulent to persue the claim from TfW, but apparently the XC computer says no.
Also, could anyone get me some screenshots of these services from RTT please? If I'd known a straightforward 30-60 delay would cause this hassle, I'd have captured them myself.

The sooner DR is centralised, the better!

Ta muchly.
XC are obliged under NRCoT condition 32.1 to forward your claim to any other operator they consider liable instead:
Your claim can be made to any Train Company whose services you used to make your journey, who will, if necessary, forward your claim to the Train Company responsible.

I would ask them to do so, or if they're unwilling to do so, to pay out themselves. I would also make a complaint about their refusal (which I don't think is warranted in the circumstances) since that starts the clock on being able to escalate it further.
 

pdq

Member
Joined
7 Oct 2010
Messages
899
XC did originally forward the claim, but did not include the ticket or info. TfW rejected the claim due to the lack of information. I was given the opportunity to send it but by then I had already set the appeal going.
 

mickey

Member
Joined
11 Mar 2010
Messages
705
If the ticket had been scanned on the original XC train, wouldn’t this therefore give rise to a potential claim of fraudulent behaviour, i.e. claiming DR for the wrong service? In a similar situation I’ve had it paid when I’ve explained what happened, so I’m surprised (or more accurately, disappointed but not particularly surprised) that hasn’t happened here.
 

Starmill

Veteran Member
Joined
18 May 2012
Messages
27,283
Location
Bolton
Transport for Wales or GWR can't be liable for your claim as they didn't cause any delays that affected your arrival time, which is the objective position.

Being delayed en route, even if by a qualifying time, say 35 minutes, and arriving at one's destination on time, say because one had a 50+ minute connection (which is pretty commonplace on a longer journey) does not result in entitlement to any compensation. In any case it appears you arrived on time at Bristol Parkway, so nobody could possibly argue that you were delayed before that point.

What matters for Delay Repay is what actually happened, not what hypothetically might have happened under different circumstances.
 

pdq

Member
Joined
7 Oct 2010
Messages
899
What matters for Delay Repay is what actually happened, not what hypothetically might have happened under different circumstances.

That's exactly my thinking. XC are maintaining that they did not cause the delay because TfW arrival was too late to make the connection. Even though we did! I've written to both companies in detail and copied in Transport Focus so we'll take it from there.
 

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