Scenario: A passenger was supposed to travel on 3 Feb, but couldn't due to strikes, so travelled on 4th Feb instead.
The train on 4 Feb ran on time. Yet the passenger was delayed by more than 2 hours from the intended travel on the strike day.
The train journey in question can't be found in the delay repay system. Does that mean delay repay is not applicable here?
The TOCs claim, in the National Rail Conditions of Travel (NRCoT), to exclude Delay Repay or the entitlement to the minimum level of compensation under the NRCoT (50% for a 1+ hour delay) in situations where the train is cancelled by 10pm the night before. It's highly questionable whether this purported exclusion is enforceable, for variuos reasons that have been discussed at length in other threads. However, this doesn't eliminate the entitlement to a minimum level of compensation (50% for a 2+ hour delay) under the Passenger Rights and Obligations Regulation (PRO), which explicitly disallows any attempt by conditions of carriage to limit or exclude rights.
Therefore, if there weren't any services at all on the 3rd, then the passenger would theoretically be entitled to delay compensation (at least at the PRO level) based on the delay by travelling on the first available train on the 4th. I say theoretical because although there may be a legal entitlement to such compensation, any claim that is brought is likely to be rejected, and it's highly likely that you would have to take the TOC to Court to get anything.
The wording is here confusing - you’ve said they’ve travelled on 4th instead of 3rd but it ran on time.
So why would any Delay Repay be due?
Because the passenger has arrived a day later than they booked to arrive, due to their train being cancelled. Ordinarily this would qualify them for Delay Repay, but as above, here it is likely to be an uphill battle getting anything.
