A lie from Northern. Dreadful company, incredibly thick and incompetent. They have to foot the whole cost under the terms of Delay Repay. Too bad for them, ha ha.
If Northern are thick and incompetent, what does that make GWR?
In a directly comparable case, they've just sent me their
fifth response (the first having been an incorrect refusal based on a completely false claim that the train I took ran on time, the second being an incorrect referral to TfL, the third being a claim that a subsequent delay of another train on my itinerary lets them off the hook for some reason, and the fourth being an email asking me to confirm journey details which I had already provided on the original paper claim form).
Thank you for providing further information.
I would like to firstly apologise for any frustrations caused as I understand you have been passed between train operators and your claim has not yet been resolved. I appreciate that you have provided further information regarding your journey.
We sincerely apologise that the 18:26 service was delayed arriving into London Paddington. I understand despite this delay, as the second leg of your journey was also delayed, you were able to board your connecting service to Abbey Wood (London).
As per our Delay Repay scheme and the National Rail Conditions of Travel s32, if you are delayed in reaching your destination as a result of a delay or cancellation of a train service, you may be entitled to claim compensation. Compensation is based on the delay in your arrival time at the destination station, as compared to the arrival time shown in the timetable in place on the day that you travel. On this occasion, your destination would be Slade Green. Although the 18:26 service was delayed, as you were still able to board your intended services, no compensation would be due on this occasion.
For more information, please visit:
National Rail Conditions of Travel | National Rail
I apologise that this may not be the response you had hoped for.
Thanks again for getting in touch.
I've gone back with
Page 43 of your Passengers' Charter states "If part of your journey was with another train company, we will compensate you if we caused the delay. If we were not responsible for the delay, we will pass your claim to the other train company and ask them to contact you. We will always let you know when we have done this."
You were responsible for the delay. In order for you not to be responsible for the delay, you would have needed to deliver me to Paddington by 18:56, as that is the latest time I could arrive there and still have a valid connection (15 minutes) onto my intended 19:11 Elizabeth Line train, based on its scheduled departure time. If you had delivered me to Paddington by no later than 18:56 and then, after that, the 19:11 was late, and this fouled my intended connection at Abbey Wood, then you would not be responsible for the delay and TfL would be. That is not the situation.
I also accept that if you had delivered me to Paddington at 19:01 but I was swift enough of foot to make it onto the 19:11, had it been on time, then I wouldn't have been delayed at all and there would be no claim. That is not the situation either. The connection I actually made was not faster than the minimum connection time.
What happened was, you delivered me to Paddington at 19:01, which made the remainder of my intended journey impossible to complete without missing my intended connection at Abbey Wood, and thus arriving at Slade Green at least 16 minutes late. You cannot say you are not responsible for my delay under those circumstances. It doesn't matter that the Elizabeth Line train was late, because if it had been on time, I would have missed it and had to catch the next one.
To illustrate this, let us consider what would have happened if all trains other than yours had run on time. In that case, my intended and actual journeys would have been:
Intended:
Maidenhead (dep) 18:26
Paddington (arr) 18:52
Paddington (dep) 19:11
Abbey Wood (arr) 19:41
Abbey Wood (dep) 19:47
Slade Green (arr) 19:53
Actual:
Maidenhead (dep) 18:30 (4 late)
Paddington (arr) 19:01 (9 late)
[19:11 to Abbey Wood departs on time, but connection missed as minimum connection time fouled]
Paddington (dep) 19:19 (as scheduled)
Abbey Wood (arr) 19:49 (as scheduled)
[19:47 departs on time, but connection missed as a consequence of earlier missed connection]
Abbey Wood (dep) 19:59 (as scheduled)
Slade Green (arr) 20:09 (as scheduled)
As you can see, if every train had been on time apart from yours, I wouldn't have got to Slade Green any sooner than I did. I would still have been 16 minutes late. There would have been no earlier trains I could have caught once you had delivered me to Paddington late.
It cannot be true, therefore, that you are not responsible for my delay. Nor can it be true that TfL is responsible, since they actually delivered me to Abbey Wood slightly earlier than the timetable says they should, given my arrival time at Paddington, albeit this didn't affect the connection I was able to make at Abbey Wood.
In addition, your Passengers' Charter does not permit you to reject a claim under these circumstances. It only allows you to accept that you are responsible or forward the claim to the TOC that is responsible. Your Passengers' Charter plainly does not contemplate a scenario where a customer is delayed by 15-29 minutes but no TOC is responsible and the customer's claim is therefore rejected by everybody. This tends to reinforce my point that somebody has to be responsible, and GWR delayed me first.
When you next reply, please either pay up or issue a letter of deadlock so that the Rail Ombudsman can consider this matter. If you do not reply by the 7th of February, I will take this claim to the Rail Ombudsman anyway, as 40 working days will have passed since the date you acknowledge you received my claim.
Edit: On day 39, after I had explicitly told them I would go to the Ombudsman on day 40, GWR responded with.
Thank you for getting back in contact with Great Western Railway. I am sorry to hear that you were not happy with my previous response. I am also sorry for the delay in responding back to you, I had your complaint escalated and reviewed by a senior member of the team.
As per the National Rail Conditions of Travel, which sets out the rights and obligations of passengers and Train Companies, compensation for delays is provided based on the delay experienced at the final destination and it is also paid by the operator that caused the first material delay.
Looking at your claim, although our train was 9 minutes late, arriving at 1901, this had no material impact on the journey as you still had 16 minutes before your connection departed. If the delay had resulted in there being less than 15 minutes, until it departed (station minimum connection time) then we would be responsible, as the delay on our service would have had a material impact.
Therefore, there is no entitlement to compensation from us but as a goodwill gesture, we will be happy to issue £1.85. This amount matches the compensation for a delay of 15-29 minutes to your ticket.
I believe their offer to pay up means the Ombudsman would not consider the substance of this matter, since they've already resolved it in the way they would have to if they conceded that they are liable, albeit without admitting that they are liable.
So, I wrote back thanking them for their email denying that they are liable, reiterating my belief that they are liable, but agreeing magnanimously, on this occasion, to accept their offer of a discretionary payment in lieu of the money they owe me. As a gesture of goodwill on my part, of course.
I do think this is unsatisfactory. They kept the correspondence going for 39 working days. They never once shifted their position, even though it is clearly wrong. In doing so, they imposed administrative costs on themselves far in excess of the value of the claim.
Although they forwarded the claim to TfL, they never disputed it when TfL passed it back to them saying they didn't think they were liable. They never explained whether they still think that somebody else is liable for my delay, or if they now think that nobody is liable for my delay. They repeatedly rejected my claim in circumstances where their own Passengers Charter only allows them to either pay or forward the claim to another TOC, and this decision was upheld by a senior manager even after the decision's non-compliance with their Passengers Charter was pointed out to them by me. If they do still maintain that TfL is responsible, they have not explained why liability should rest with TfL rather than with them even though TfL conveyed me from Paddington to Abbey Wood
more quickly than the timetable says they should, given the late arrival into Paddington of my connecting GWR train from Maidenhead. They have not explained why it is the second delay, rather than the first delay, that is the material delay in this case.
This is just cakeism and intransigence from the rail industry. There is no coherent or consistent set of standards - they will just make stuff up to deny claims.
In these circumstances, I refuse to impose consistent standards on myself. Where there is ambiguity in the rules, I will pick whichever interpretation is most favourable to me and - just as GWR has done in this case - I will repeatedly and dogmatically refuse to accept any interpretation that isn't convenient for me at any particular time.