Delay Repay for Denied Boarding

[RailwayCottage]

On 5th May, an incident on the ECML forced many passengers heading for KX to tavel to St Pancras through Sheffield from Doncaster.

On arriving well on time for my train form Sheffield to Derby, I (and many others) were denied boarding as the train was already full and standing, and we were directed to the next service. I was sufficiently delayed that I sought to put in a Delay Repay claim. The EMR website does not allow denial of boarding as a valid delay reason, but I was advised by ticket office staff to put in a 'train delayed' claim, wait for the refusal (as the train ran on time), and then appeal explaining why.

I did, and it was, but my appeal was rejected as the compensation amount (i.e. zero) had been correctly calculated, presumably because the train did run. The rejection referred me to EMR's web pages, and NRCoT.

EMR refers to delays as "if you are delayed" but NRCoT 32.1 talks explicitly in terms of trains being delayed or cancelled, the latter presumably being the basis of my claim being refused.

This isn't a big deal in so far as I was on a discounted AP ticket which cost me about £5. However, I thought that CrossCountry has (or had) a "denied boarding" box on their claim form.

What is the forum's view on the matter? Is denial of boarding claimable?

 

[HOMELESS]

So was your ticket for LNER and hence you'd be claiming delay repay from them?

 

[Haywain]

So was your ticket for LNER and hence you'd be claiming delay repay from them?

Unlikely if the journey was Sheffield to Derby.

 

[RailwayCottage]

No ... an EMR ticket from Sheffield to Derby, which is what I was claiming on. My trip and my ticket had nothing to do with LNER.

 

[Tetchytyke]

Online forms aren't great for unusual circumstances.

Appeal, if you can appeal using a free text box to explain. If not, email to customer services.

It isn't about the train being delayed, it is about the passenger being delayed.

 

[WesternLancer]

On 5th May, an incident on the ECML forced many passengers heading for KX to tavel to St Pancras through Sheffield from Doncaster.

On arriving well on time for my train form Sheffield to Derby, I (and many others) were denied boarding as the train was already full and standing, and we were directed to the next service. I was sufficiently delayed that I sought to put in a Delay Repay claim. The EMR website does not allow denial of boarding as a valid delay reason, but I was advised by ticket office staff to put in a 'train delayed' claim, wait for the refusal (as the train ran on time), and then appeal explaining why.

I did, and it was, but my appeal was rejected as the compensation amount (i.e. zero) had been correctly calculated, presumably because the train did run. The rejection referred me to EMR's web pages, and NRCoT.

EMR refers to delays as "if you are delayed" but NRCoT 32.1 talks explicitly in terms of trains being delayed or cancelled, the latter presumably being the basis of my claim being refused.

This isn't a big deal in so far as I was on a discounted AP ticket which cost me about £5. However, I thought that CrossCountry has (or had) a "denied boarding" box on their claim form.

What is the forum's view on the matter? Is denial of boarding claimable?

I would assume you can claim D-R for this scenario, so I too think you need to Appeal again as it were.

IIRC when you appeal via the EMR D-R system you get the ability to explain things in a text box - so if that is correct do that - otherwise as mentioned contact customer services quote the D-R claim ref number and ask them to pass on your explanation to the D-R team at EMR so they can take it into consideration as part of the appeal process.

If that fails then I guess you are into escalating the matter to the Rail Ombudsman.

EMR must have a log that the service was full and standing that day and people were denied boarding.

I have found that when I have needed to Appeal an EMR delay repay claim I have been treated reasonably so it sounds frustrating that the appeal you made did not resolve it.

 

[RailwayCottage]

I thought there was a text box, but if there used to be, there isn’t now.

I am inclined to think the appeal may not have passed by a real human, so I’ll take the Customer Services route. I have generally found their staff to be helpful when faced a logical argument.

 

[RailwayCottage]

Here's an update. Appeal refused on the grounds that the train ran on time, which was not why I was claiming - I was denied boarding. I have now sent a complaint to Customer services.

 

[WesternLancer]

Here's an update. Appeal refused on the grounds that the train ran on time, which was not why I was claiming - I was denied boarding. I have now sent a complaint to Customer services.

Thanks - please keep us posted on this one

 

[styles]

Here's an update. Appeal refused on the grounds that the train ran on time, which was not why I was claiming - I was denied boarding. I have now sent a complaint to Customer services.

Saw that response coming a mile off.

Almost all first customer service interactions I've had about unusual Delay Repay claims have resulted in a refusal, presumably because the staff member checks the train running time and says nope all good. In the days before Trainline made split ticketing a mass market product, this was quite common because the DR forms and first line handlers wouldn't find my journey.

When a second line colleague gets involved it usually gets resolved.

Let us know how you get on.