Delay Repay query - late train and a cancelled service

[Mark J]

A bit complicated this one, hence why I've come here for further advice.

Relates to a Journey from Reading to Oxford Parkway.

Oxford Station is 5 minutes minimum connection time.

Journey should of been:

11:45 XC service to Leeds, arr Oxford 12:08
12:15 Chiltern Service from Ox, Arr 12:20 Ox Parkway.

What the Journey was:

11:45 service departed Reading 12:48, arr into Oxford at 12:12.

Because of cancellations, 12:15 and 12:45 Chiltern Services were cancelled.

Earliest train then was 13:15, arriving at 13:20, however this train was running late, 13:26, arriving 13:31.

I make my scheduled arrival time over 1hr late and with Chiltern Trains being responsible.

However, what complicates the claim is that the Initial XC service ran late, arriving at 12:12pm. This would of missed the minimum connection time of 5 minutes at Oxford for the 12:15pm Chiltern service, which was cancelled anyway.

Therefore am I actually entitled to an hours delay because of this issue?

 

[pokemonsuper9]

Claim from CrossCounty, they caused the delay that would have made you miss the 12:15 if it were running.

 

[NormalPerson7]

Yes, you were delayed by 71 minutes so this is the delay you should claim for.

It's possible CrossCountry could claim Chiltern caused the delay and vice versa, but it should be paid out eventually regardless of which operator you claim from. Others can advise on which company you are supposed to claim from.

 

[MarlowDonkey]

Therefore am I actually entitled to an hours delay because of this issue?

I think you are just supposed to compare your scheduled arrival time of 12.20 against your actual time of 13.31. I don't know which operator you claim against in those circumstances and whether they will blame each other.

 

[Bletchleyite]

I think you are just supposed to compare your scheduled arrival time of 12.20 against your actual time of 13.31. I don't know which operator you claim against in those circumstances and whether they will blame each other.

You claim off whichever one caused the first material delay, i.e. the first one that meant you weren't going to arrive on time.

If the second one was a cancellation you do this on the basis that the cancelled train was on time. Thus XC in this case.

 

[Mark J]

So just to clarify, I should claim for 1 hour delay from XC.

It is that I can just forsee XC rejecting this, stating that the two cancelled Chiltern Services, plus the subsequent late runing service were not their fault.

 

[Bletchleyite]

So just to clarify, I should claim for 1 hour delay from XC.

Correct.

It is that I can just forsee XC rejecting this, stating that the two cancelled Chiltern Services were not their fault.

I thought that when I had an identical situation involving Avanti and TPE changing at Manchester Piccadilly. The Avanti was late so missed the TPE's scheduled departure time, but the TPE was cancelled anyway, so either way I'd be taking the following Northern service. I claimed off TPE thinking as you do, they forwarded it to Avanti and Avanti paid without argument.

So I don't think XC will reject it, and if they do they're wrong to do so.

 

[Watershed]

You can submit your claim to any operator you intended to use on your journey; they are responsible for forwarding it if another operator is liable.

The NRCoT don't explicitly state which operator is liable in a situation like this. Custom and practice tells us it's probably XC but it wouldn't be surprising if they claimed it's Chiltern. Either way, you're entitled to the same amount of compensation. If Chiltern hand it back to XC then I would submit a complaint to both asking them to sort it out between themselves.

 

[Haywain]

You can submit your claim to any operator you intended to use on your journey; they are responsible for forwarding it if another operator is liable.

However, not all of them take the trouble to do that. Some (yes, GTR, I'm looking at you) simply tell you it wasn't them that caused the delay.

 

[Watershed]

However, not all of them take the trouble to do that. Some (yes, GTR, I'm looking at you) simply tell you it wasn't them that caused the delay.

Which is not compliant with the NRCoT.

 

[Haywain]

Which is not compliant with the NRCoT.

It might not be but it doesn't appear to make any difference to them. By the time TOC A have rejected your claim and told you to claim from TOC B, you might as well do that as waste time telling TOC A what NRCoT says. And the other side of that is when you have two TOCs involved who do what NRCoT says they should, you can end up with it just bouncing back and forth between them - this happened to me and I ended up with 5 different claim numbers!