Delay repay query

[lfc84]

Hello

I had an Advance split ticket yesterday to travel BHM-MIA via MAN booked using Railsmartr.

I was on this Cross Country service which arrived 6 minutes late into Piccadilly. https://www.realtimetrains.co.uk/service/gb-nr:C72305/2026-04-19#allox_id=0

My Advance ticket from Manchester Stations was timed to depart at 12:43 and arrive into Manchester Airport at 12:58. Operated by TPE. This service doesn't show on RTT. It was on the National Rail website showing as Cancelled.

I took the next service from MAN to MIA which departed at 13:04 and arrived at 13:21. https://www.realtimetrains.co.uk/service/gb-nr:L36836/2026-04-19#allox_id=0

I submitted a Delay Repay Claim to TPE which resulted in the following response:

We have checked the journey you have claimed for and our records show that this service was operated by another train operator (Crosscountry). Therefore, we are unable to process your claim.
What happens next?
The train operator, Crosscountry, will be in touch with you directly with further information about any compensation that may be due

Is their response correct ?

 

[D1537]

No, because they caused the delay by cancelling their train.

However, because it was P-Coded (i.e. cancelled the day before), theoretically they aren't responsible for the delay repay, although I have known some TOCs to pay up for these.

It might be worth trying again and pointing out that you were booked on one of their trains (1M64 1157 PRE-MIA) which was cancelled. They can only say no.

 

[gray1404]

I would appeal the claim with TPE and point out it was their train that was cancelled. I think what has happened here is their automated system has worked out that there was not enough time to get between the two trains because the XC arrival was late.

 

[lfc84]

I sent an appeal to TPE with the following comment:

I was booked on a TPE train (1M64 1157 PRE-MIA) which was cancelled.

I got a reply a few minutes ago as follows:

Reason for appeal: I dispute the TOC responsible for the delay
Decision: Unsuccessful

We have checked the journey you have claimed for and our records show that this service was operated by another train operator (Crosscountry). Therefore, we are unable to process your claim.

To ensure that your claim is dealt with as efficiently as possible we have forwarded your claim to Crosscountry.

What happens next?
The train operator, Crosscountry, will be in touch with you directly with further information about any compensation that may be due. If you still believe we've made the wrong decision, or that you've given us the wrong information, please get in touch with our Complaints Handling team via https://www.railhelp.co.uk/tpexpres...tact-processing/providing-further-information with the relevant details before Tue, 19 May 2026.

I would be grateful for advice on how to proceed ? Wait for Crosscountry or Submit a Complaint ?

 

[redreni]

I sent an appeal to TPE with the following comment:




I got a reply a few minutes ago as follows:





I would be grateful for advice on how to proceed ? Wait for Crosscountry or Submit a Complaint ?

The latter.

 

[lfc84]

Thanks. I've submitted the complaint

 

[redreni]

As mentioned up thread, your problem may be that they took it out of the timetable the day before, so they will seek to rely on the NRCoT stating the delay is calculated based on the timetable in place on the day.

I guess your argument is you were delayed relative to your booked itinerary, that when you bought the ticket you understood that if you were delayed then you would be compensated, and that the contractual provision that they can unilaterally change the contract once they've got your money is an unfair term. Otherwise, if you accept that the term limiting delay compensation to delays relative to the timetable in place on the day is fair, then you would have to accept you're not actually entitled to anything and would be reduced to asking them to consider a discretionary payment.

Out of interest, did Railsmartr tell you the train you'd booked was cancelled? This may be relevant to any dispute, as it affects whether you could reasonably have been expected to plan around the revised timetable or else request a refund.

 

[lfc84]

Out of interest, did Railsmartr tell you the train you'd booked was cancelled? This may be relevant to any dispute, as it affects whether you could reasonably have been expected to plan around the revised timetable or else request a refund.

No Railsmartr didn't inform me of the cancellation.

The journey was booked as one itinerary, with one ticket collection reference.

I uploaded images of the tickets to the claim that was unsuccessful.

On the complaint I've added a screenshot from Railsmartr showing the itinerary and referenced the delay repay claim

 

[redreni]

Ah, okay, so there's a further issue: your planned itinerary allowed 13 minutes for the connection at Manchester Piccadilly when the minimum connection time is 10 minutes, but your CrossCountry train was 6 minutes late, so they're trying to say you'd have been delayed anyway.

I hadn't quite clocked that.

Still worth complaining to TPE while waiting for CrossCountry to reply, but it's not impossible CrossCountry might pay.

But on the other hand, they might take the view that they can't have fouled a connection onto a train that had been p-coded (cancelled) the day before.

If I were you I would pursue them both.

If the booked TPE train had run to time instead of being p-coded, you would have either had a claim against CrossCountry for fouling your connection, or you would have made your connection within the 7 minutes that would have been available to you and would have arrived on time. Since it didn't, CrossCountry are arguably off the hook because they can't have fouled a connection onto a train that didn't run, and their delay wasn't the first in a chain of events leading to the delay.

So as I see it it's between TPE saying the cancellation doesn't count because they did it the day before (which is what the NRCoT says), and you saying that is a contractually unfair term since you are given very little flexibility under the contract to change your journey if your plans change (none at all without incurring a fee, in fact), yet they are claiming they should have flexibility to alter the timetable unilaterally after the contract has been formed, which is a serious imbalance in rights and obligations.

You may need to be quite persistent to get a positive outcome from this (like maybe a discretionary payment in lieu of delay repay), because according to the NRCoT they don't have to pay if they change the timetable the day before.

 

[AlterEgo]

It is quite simple. Delay repay isn't payable as per the passenger contract, and you probably won't get it despite how unfair it seems. You are best off asking for an ex gratia payment or sending a letter before action if that is not forthcoming.

 

[Watershed]

It is quite simple. Delay repay isn't payable as per the passenger contract, and you probably won't get it despite how unfair it seems. You are best off asking for an ex gratia payment or sending a letter before action if that is not forthcoming.

It's not payable as per the wording of the contract. That wording (exception) may or may not hold up in Court under the lens of consumer law.

 

[lfc84]

I've had responses from both Cross Country and TPE informing me my delay repay claim is unsuccessful.

This seems highly unfair. What can i do now ? thanks

 

[AlterEgo]

I've had responses from both Cross Country and TPE informing me my delay repay claim is unsuccessful.

This seems highly unfair. What can i do now ? thanks

You could follow the advice in Post 10, or take it to the Ombudsman if that is both their final decision. (You will need a deadlock letter to do this). Note however that under the NRCoT they don't have to pay you anything. Your final step might be a letter before claim if you want to go to the small claims court, but this step would be some time away and you should exhaust your avenues with the train company and the ombudsman first.

 

[redreni]

I would defer, of course, to a solicitor or barrister on this point, but I rather suspect there is no need to go to the Ombudsman unless the OP wishes to, since the OP's complaint is that the NRCoT is unfair, and the Ombudsman's remit is such that he cannot investigate that.

Accordingly, I personally would be writing to the TOC that took its train out of the timetable explaining that nobody thought to tell you they'd done that, you were delayed and inconvenienced just as much as if they'd cancelled it on the day, and that you are frustrated and disappointed both by their policy in relation to this and by their decision not to recognise the delay and inconvenience they caused you in any way.

I might also hint that I was surprised to discover that the terms of the NRCoT were so heavily weighted against me, with the right to make changes to the agreed terms of the trabel contract unilaterally, after the contract had been entered into and without compensating the other party, seemingly being reserved to them. I would say I would not have agreed to this if I had any choice in the matter. Or you could leave that for the letter before claim.

 

[lfc84]

I've got a complaint logged with TPE

== Doublepost prevention - post automatically merged: 1 May 2026 ==

I received a "successful" delay repay notification from TPE this morning. It has a new delay repay claim reference so presumably someone reviewed my complaint

 

[redreni]

I've got a complaint logged with TPE

== Doublepost prevention - post automatically merged: 1 May 2026 ==

I received a "successful" delay repay notification from TPE this morning. It has a new delay repay claim reference so presumably someone reviewed my complaint

Result!

 

[Belperpete]

I've got a complaint logged with TPE

== Doublepost prevention - post automatically merged: 1 May 2026 ==

I received a "successful" delay repay notification from TPE this morning. It has a new delay repay claim reference so presumably someone reviewed my complaint

It is not unusual for an appeal to generate a new claim reference.

This result shows that it is worth proceeding through the appeals process. Talk of going to the Ombudsman, raising court claims, etc are unnecessary until the appeals process has been exhausted.

 

[lfc84]

For clarification, my appeal to the delay repay I originally submitted was unsuccessful. You are correct, it did generate a new claim reference. In fact I ended up with 5 delay repay references.

I believe the outcome was directly linked to my complaint.

Thanks to all those that provided advice