Delay repay rules

[Birkonian]

First rail trip since March 2020 and I was caught in the signalling problems near Milton Keynes. I was traveling on an off peak return Liverpool to Euston. The journey took 5½ hours. I had an off peak return so am entitled to the full value of the return ticket in compensation. Returning to Liverpool today, my train was also delayed by 25 mins. Can I still claim further compensation even though I'll be getting back the full value that I paid for the 1st leg delay, or is that milking it?

 

[roversfan2001]

I believe the rules changed recently so you can’t claim back more than the cost of your ticket, even if you would normally be entitled to it.

As it’s compensation rather than a refund I’m not sure why it’s capped at the value of the ticket but there we go.

 

[Birkonian]

Fair enough. The last leg of the journey to London we were packed in like sardines. So much for social distancing.

 

[Darandio]

Fair enough. The last leg of the journey to London we were packed in like sardines. So much for social distancing.

If there is major disruption what do you expect them to do?

 

[Birkonian]

I wasn't making a complaint. However, it was far from ideal. Ironic that pubs etc. have to jump through hoops to be allowed a few customers but trains can alllow 100+ in a carriage when there is a problem on the network.

 

[Darandio]

Whilst it's not ideal, during such disruption the priority is then to get people to their destination. People also do have the option not to board if they are uncomfortable.

 

[Gloster]

Whilst it's not ideal, during such disruption the priority is then to get people to their destination. People also do have the option not to board if they are uncomfortable.

But what about those already on board? Should they force their way out of the train if it suddenly becomes too full? I am personally fairly relaxed about crowding in the current situation, but (mostly from what I have read on the forum) it seems that the railway is rather too inclined to dodge responsibility by leaving it to the passenger.

 

[Darandio]

But what about those already on board? Should they force their way out of the train if it suddenly becomes too full? I am personally fairly relaxed about crowding in the current situation, but (mostly from what I have read on the forum) it seems that the railway is rather to inclined to dodge responsibility by leaving it to the passenger.

Well yes, if they are uncomfortable then get off. I appreciate it's hardly an ideal situation.

It brings me back to my original question though. What are they supposed to do?

 

[Hadders]

To answer the question you are entitled to Delay Repay compensation to the value of the 100% of the cost of the ticket. You can't receive compensation for more than the cost of the ticket.

The issue of social distancing is difficult. On the one hand there'd be howls of protest if passengers were denied boarding ot told to get off, particularly when there is major disruption (as was the case this weekend). On the other hand allow people to travel and there are howls of protest because social distancing cannot be maintained. The railway can't win.

 

[Gloster]

Would you be able to claim if part way through your journey the train became so crowded that social distancing was impossible, and you decided to leave the train and catch a later one. And if the next train was also choc-a-bloc? And how would you prove your case?

 

[Cantab26]

I believe the rules changed recently so you can’t claim back more than the cost of your ticket, even if you would normally be entitled to it.

As it’s compensation rather than a refund I’m not sure why it’s capped at the value of the ticket but there we go.

To answer the question you are entitled to Delay Repay compensation to the value of the 100% of the cost of the ticket. You can't receive compensation for more than the cost of the ticket.

Is anyone able to cite the relevant provisions for this?

 

[Watershed]

Is anyone able to cite the relevant provisions for this?

NRCoT 32.2 refers:

For claims made under the industry arrangements (set out at paragraph 32.1.1 above) for losses caused by the delay and/or cancellation of a train service, you can only recover up to the price of your Ticket.

However, in exceptional circumstances, a Train Company may consider claims for other losses. This will be for the Train Company to decide in its sole discretion, unlike your legal rights set out in paragraph 32.1 above.

The latter sentence is somewhat misleading, as there will be circumstances where Train Companies are legally liable for compensation in excess of the price of the ticket - for example, where there is a breach of contract or consumer law which has caused the consumer recoverable losses.

 

[35B]

NRCoT 32.2 refers:


The latter sentence is somewhat misleading, as there will be circumstances where Train Companies are legally liable for compensation in excess of the price of the ticket - for example, where there is a breach of contract or consumer law which has caused the consumer recoverable losses.

Reading the LNER site, I would challenge the recourse to 32.1.1 where the website is explicit that delay over 60 minutes is for 100% of the single fare, and over 120 minutes is for 100% of the return fare. With that statement, not qualified in respect of return tickets (and Advance Tickets are explicitly called out as singles in the notes), I can see scenarios where I might legitimately expect over 100% of the fare paid, possibly as high as 200% if very badly delayed.

 

[robbeech]

Would you be able to claim if part way through your journey the train became so crowded that social distancing was impossible, and you decided to leave the train and catch a later one. And if the next train was also choc-a-bloc? And how would you prove your case?

I suspect the operator would be unwilling to entertain this idea regardless of any legal obligation they may have, and I suspect nobody else would be prepared to step in to do anything either. I think there has to be an element of give and take with a lot of this.