Delay repay/Cancelled trains

[PauloDavesi]

Some guidance from the experts here please.

A customer purchases tickets, through the TOC's app, on Nov 20th, with specific trains, on Dec 2nd, quoted on the ticket and sale confirmation document.

The TOC then cancels the specified trains, after the purchase date, causing the customer to have a delayed journey, in both directions.

Should the customer receive "delay repay", based on the times of the originally booked trains?

Thank you

 

[AlterEgo]

Some guidance from the experts here please.

A customer purchases tickets, through the TOC's app, on Nov 20th, with specific trains, on Dec 2nd, quoted on the ticket and sale confirmation document.

The TOC then cancels the specified trains, after the purchase date, causing the customer to have a delayed journey, in both directions.

Should the customer receive "delay repay", based on the times of the originally booked trains?

Thank you

According to the current rules, it depends when the cancellations happened. Delay Repay is paid on the Published Timetable of the Day, which is published at 10pm the day preceding the journey.

When were the trains cancelled?

(This does not affect your other statutory rights)

 

[PauloDavesi]

The return was cancelled on the morning of Dec 2nd, the outbound was, to quote the TOC, cancelled about 7 days before it was due to run.

Thanks for the quick reply


"Hi, the 06:44 on 2nd December was not scheduled to run due to the amened timetable implemented for the industrial action. This woudl have been advertised up to a week before."

"The information regarding the 15:02 service 02.12.2023 was sent out at 09:18 I am awaiting confirmation for the 06:44 service. Apologies for the omission of the specific service."

** the 15:02 is not relevant as it was not the train listed on my ticket etc

 

[AlterEgo]

The return was cancelled on the morning of Dec 2nd, the outbound was, to quote the TOC, cancelled about 7 days before it was due to run.

Thanks for the quick reply


"Hi, the 06:44 on 2nd December was not scheduled to run due to the amened timetable implemented for the industrial action. This woudl have been advertised up to a week before."

"The information regarding the 15:02 service 02.12.2023 was sent out at 09:18 I am awaiting confirmation for the 06:44 service. Apologies for the omission of the specific service."

** the 15:02 is not relevant as it was not the train listed on my ticket etc

Then unfortunately no Delay Repay is due, although other avenues of legal redress may still be available if you wanted to push it.

 

[PauloDavesi]

thank you.

It is disapointing as the customer has experienced delay and inconvinience, as a direct result of the actions of the TOC.

 

[Watershed]

Of course there is also the argument that the purported exemption to Delay Repay under the 'Published Timetable of the Day' is ineffective as it constitutes an unfair term in a consumer contract, for reasons discussed in many previous threads.

There is also every argument for a price reduction (which could be commensurate with what would be due under Delay Repay) under the Consumer Rights Act for failing to provide the service with reasonable care and skill and/or in accordance with a statement which influenced the consumer's purchasing decision.

Either way, sadly making a Delay Repay claim in the normal way is unlikely to succeed, but equally it is likely that you will have some recourse.

 

[317 forever]

On a strike day last May my train from East Didsbury to Shotton, I had no choice but to travel 2 hours late as the first 2 trains were pulled after I bought my ticket.

I requested redress (as my intended train was not available on Delay Repay) but never heard back.

At least my ticket was still valid for travel anyway, and was cheaper than had I booked that later train in the first place.