Delay Repay - which TOC to claim from?

[Coleridge]

Today I caught the 14:48 GWR service from London Paddington to Cardiff Central, due to arrive there at 16:38. I was then going to take the 16:50 service to Dingle Road, arriving at 16:58. It was all one ticket (1st class single).

The GWR train was 15 minutes late arriving in Cardiff, so I missed the connection. But that connection had been cancelled by TfW anyway, as was the next one, and the one after that. At that point, TfW staff at Cardiff Central said that all services to Dingle Road were cancelled until further notice and that ticket acceptance had been arranged with Cardiff Bus. I caught the bus, and arrived home well over an hour late.

From whom do I claim Delay Repay? GWR, who would have made me 15 minutes late? Or TfW, who eventually made me over an hour late?

 

[Watershed]

GWR as their delay would have led to you missing the connection anyway. It is generally understood that you claim from the first operator whose train was materially delayed.

 

[redreni]

GWR as their delay would have led to you missing the connection anyway. It is generally understood that you claim from the first operator whose train was materially delayed.

Though I have about four pages of correspondence from GWR insisting their delay wasn't material because my intended connection did not run as scheduled so I couldn't have caught it anyway, and therefore I had to claim from the other operator (which conveniently has a DR30 scheme so wouldn't have had to pay had they been responsible). GWR backed down when I went to the Ombudsman, before the Ombudsman had investigated.

This is an ambiguity that really ought to be straightened out. Even if the TOCs could be persuaded not to involve passengers in any squabbling between them, as long as TOCs continue to have different minimum delay thresholds for delay repay, it cannot always be said that it isn't for the passenger to worry about who's responsible for their delay.

 

[Coleridge]

Thank you, both.

I shall submit a claim to GWR, but expect it to be knocked back.

 

[styles]

I've had this with Avanti followed by TfW. Though in my case Avanti paid up fine.

Another reason to centralise Delay Repay compensation claims though.

 

[Coleridge]

GWR backed down when I went to the Ombudsman, before the Ombudsman had investigated.

Out of interest, am I obliged to go to the Ombudsman if I cannot agree a Delay Repay resolution with a TOC? Or is Delay Repay a legal right that can be pursued through the small claims court (MCOL)? I'm currently in a bit of a deadlock situation with Avanti with regard to an undoubtedly valid claim for a two-hour delay.

 

[redreni]

Out of interest, am I obliged to go to the Ombudsman if I cannot agree a Delay Repay resolution with a TOC? Or is Delay Repay a legal right that can be pursued through the small claims court (MCOL)? I'm currently in a bit of a deadlock situation with Avanti with regard to an undoubtedly valid claim for a two-hour delay.

It's an entitlement in the NRCoT and (by cross-reference) the TOC's passenger charter. No obligation to go to the Ombudsman.

My case was over about £3 so I wouldn't have wasted the court's time. The court might have been doing something useful instead. I'll waste GWR's time if they choose to waste mine, though. And I don't think I'd have been keeping the Ombudsman away from anything especially important - not anything that he might have been about to actually help with, anyway.

 

[MrJeeves]

Out of interest, am I obliged to go to the Ombudsman if I cannot agree a Delay Repay resolution with a TOC? Or is Delay Repay a legal right that can be pursued through the small claims court (MCOL)? I'm currently in a bit of a deadlock situation with Avanti with regard to an undoubtedly valid claim for a two-hour delay.

I know someone recently who had delay repay refused by GTR multiple times, including by customer services, and submitted a Money Claims Online (MCOL) claim against them which was paid out.