Delay Compensation

[wbm00]

Hi folks,

I usually travel with London Midland whose policy it is to offer delay compensation irrespective of the reason for the delay.

However, on FGW (Cotswold Line) they say compensation is only available where the delay is caused by "an incident within their control."

Where there is an emergency (e.g. person hit by train) and your train is caught up in the resulting chaos does that mean they won't pay out?

I'm also interested to know why there should be a difference between the TOCs... as I understand it, the TOC gets compensated by Network Rail and that is supposed to filter down to customers, though if customers don't claim, the TOC keeps the compensation.

 

[GadgetMan]

I'm also interested to know why there should be a difference between the TOCs... as I understand it, the TOC gets compensated by Network Rail and that is supposed to filter down to customers, though if customers don't claim, the TOC keeps the compensation.

They don't just 'keep' the compensation as the silly Newspaper reported recently. Depending on the incidident and time of day the TOC will need to arrange Buses, Taxis and Overnight accommodation to passengers. Then there's the additional staffing cost to cover Overtime for late running staff, any additional staff called in to cover trains both on the day of disruption and possibly the next morning if it affects the 12 hour required rest period between shifts. All of the above must cost a significant amount.

There also the cost of additional empty stock movements to ensure trains are in the right place for the next morning where disruption runs into the late evening/night.

As to your original question for differences in compensation levels between TOCs, I'll let someone else more knowledgeable answer.

 

[Tibbs]

They don't just 'keep' the compensation as the silly Newspaper reported recently. Depending on the incidident and time of day the TOC will need to arrange Buses, Taxis and Overnight accommodation to passengers. Then there's the additional staffing cost to cover Overtime for late running staff, any additional staff called in to cover trains both on the day of disruption and possibly the next morning if it affects the 12 hour required rest period between shifts. All of the above must cost a significant amount.

There also the cost of additional empty stock movements to ensure trains are in the right place for the next morning where disruption runs into the late evening/night.

As to your original question for differences in compensation levels between TOCs, I'll let someone else more knowledgeable answer.

So what happens to the portion of the money from Network Rail that is earmarked for customer compensation should the customer not claim it? Does it get returned to Network Rail?

 

[ainsworth74]

I'm also interested to know why there should be a difference between the TOCs...

There are two systems in operation. An older system that is used on some of the TOCs that were either original franchises (the likes of Chiltern and Virigin) or re-franchised some years ago (such as FGW). This older system is based upon the National Rail Conditions of Carriage which when it comes to compensation is far less customer friendly than the new system which is called Delay Repay. Delay Repay is used by TOCs that were more recently re-franchised (such as LM) pays customers on the basis of how long they were delayed no matter what the cause of the delay. All TOCs as they're re-franchised will use the new, much more customer friendly, system.

 

[transmanche]

As to your original question for differences in compensation levels between TOCs, I'll let someone else more knowledgeable answer.

I think some TOCs offer the minimum level of compensation in the Passenger's Charter, as inherited from BR.

Delay Repay is the newer scheme, which provides a higher level of compensation to passengers.

IIRC; as franchises come up for renewal Delay Repay is mandated as a contractual commitment.

 

[wbm00]

Thanks for the replies, folks.

In this case the journey was delayed for more than two hours due to a line closure after a person was hit by a train. My understanding is that a 100% refund on the return ticket price is due but I'm not sure that this actually applies here if FGW are using the Passenger Charter instead of the Delay Repay system.

I did call FGW before posting this thread and their customer service didn't seem to know what happens where a delay is caused by a person hit by a train. They suggested sending in the claim + tickets so they could "look into it"

If it matters, the ticket was purchased online from Southern Railway, because they have a good refund polic on unusued tickets (no admin fee deducted). Although Southern offers the delay repay scheme, am I correct in thinking the delay claim goes to FGW, even though the ticket was bought via Southern? If anyone knows how FGW deals with these claims it would be helpful.

 

[maniacmartin]

Correct, the claim goes to the operator that caused the initial delay to you

 

[wbm00]

Just looked through the FGW Passenger Charter:

Compensation will not be available for disruption resulting from events beyond the control of the rail industry.

Having also read the NRCOC it appears that 45(b) means no compensation is payable:

44. Circumstances that are within a Train Company’s control
For the purposes of Conditions 42, 43 and 52, circumstances that are within a Train Company’s control include the negligent or wilful acts or omission of its, or a Rail Service Company’s, staff or agents.

45. Circumstances that are not within a Train Company’s control
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;​

What is the difference between "beyond the control of the rail industry" and "not within a train company's control?"

How does a person under train fit into this & what is the effect on compensation for passengers?

 

[ainsworth74]

What is the difference between "beyond the control of the rail industry" and "not within a train company's control?"

How does a person under train fit into this & what is the effect on compensation for passengers?

I believe they mean the same thing just with different wording, though someone will be able to confirm. As for you it means, as you suspect, that you're not eligible for compensation as the incident is deemed to be outside of the control of FGW and the railway. Though that being said the passenger charter doesn't specifically mention suicide as a reason to refuse compensation, so I'd be tempted to send the request in anyway. After all the worst they could do is say no and you're out the cost of a stamp.

 

[bb21]

After all the worst they could do is say no and you're out the cost of a stamp.

Not even that. The address supplied is a Freepost address.

 

[barrykas]

I think some TOCs offer the minimum level of compensation in the Passenger's Charter, as inherited from BR.

Delay Repay is the newer scheme, which provides a higher level of compensation to passengers.

Au contraire...The key difference between Delay Repay and the old Passenger's Charter is that the old scheme gives season ticket holders a discount on renewal should average peak punctuality and/or reliability fall below a certain threshold (92% and 99% respectively in the case of Chiltern), whereas you have to claim for each delay with Delay Repay.

And in Chiltern's case, delay compensation is higher than the minimum, as they offer 50% of the affected leg for a delay of 30 minutes, rising to 100% for an hour or more.

Cheers,

Barry

 

[ainsworth74]

Not even that. The address supplied is a Freepost address.

Oh well in that case, I'd definitely submit a claim and see what happens. You don't ask, you don't get and all that.