Disputed compensation claim (need train running data longer than 7 days ago)

[yorkie]

I selected 120+ minute delay, as the service was cancelled. I've just re-read the rejection letter from LM and they say "we have checked the performance of the train you referred to and can confirm an overall delay of 19 minutes".

There is no reference to or inference in that letter that I got another service and this was not the service I was claiming for!

Did you put in a compensation claim or a refund request?

If the former, it can be inferred!

Back to basics... did you complete the Delay Repay form? If not, what did you do? What exactly did you write on the form/letter?

 

[Deerfold]

I selected 120+ minute delay, as the service was cancelled. I've just re-read the rejection letter from LM and they say "we have checked the performance of the train you referred to and can confirm an overall delay of 19 minutes".

There is no reference to or inference in that letter that I got another service and this was not the service I was claiming for!

But you've said you travelled on the train behind. So you're not claiming for a train, you're claiming for a journey. Your journey (or overall delay) was 19 minutes late.

 

[Tetchytyke]

There is no reference to or inference in that letter that I got another service and this was not the service I was claiming for!

It's reasonable for London Midland to infer that, following the cancellation of your train, you took the next available train to get you to your destination. That train arrived 19 minutes after the one you intended to catch. Your delay was not two hours, and I don't see how you could reasonably ever claim that it was.

Yorkie, it sounds as though the OP used the web form, which has three drop-down boxes.

 

[Clip]

I selected 120+ minute delay, as the service was cancelled. I've just re-read the rejection letter from LM and they say "we have checked the performance of the train you referred to and can confirm an overall delay of 19 minutes".

There is no reference to or inference in that letter that I got another service and this was not the service I was claiming for!

Were you 120 minutes delayed?

The answer is no, you were not. You were delayed by 19 minutes.

 

[bb21]

I selected 120+ minute delay, as the service was cancelled. I've just re-read the rejection letter from LM and they say "we have checked the performance of the train you referred to and can confirm an overall delay of 19 minutes".

There is no reference to or inference in that letter that I got another service and this was not the service I was claiming for!

I thought we had already established that you have no claim to anything in this case.

I don't really know what you are trying to argue for.

 

[swt_passenger]

Am I getting this right?

The OP seems to think he is entitled to compensation based on what subsequently happened to an individual train/unit, whereas the scheme is designed to compensate based on what happened to the passenger's journey between two places.

This is definitely an unusual interpretation of the compensation rules...

LM's reply should have concentrated on the effect on the overall service, rather than writing 'performance of the train'. It would save spurious arguments...

 

[yorkie]

mb - did you use this form?

http://www.londonmidland.com/your-journey/more/delay-repay/

What is Delay Repay?

If your London Midland journey is delayed by 30 minutes or more, we think you ought to be compensated whether it's our fault or not. ....

 

[mb]

I used their own smartphone app to claim. I can't get a screen grab, but I quote from it this exactly: "Delay Repay is a system where you can be compensated for part of your ticket cost if your TRAIN is more than 30 minutes late..."

The word journey does not appear at all. Or a link to the terms.

It's true to say also that the letter they send doesn't really make it clear (they mention service, not journey) and again makes no reference to the terms, where to find them or how they reached their decision.

So I hope it makes it clearer to some of the more idiotic replies that London Midland keep mentioning train/service not journey consistently, hence why you would think a claim was perfectly valid.

 

[Tetchytyke]

Yep, the Android smartphone app does say train, not journey.

Obviously London Midland need a better app editor.

 

[bb21]

I think this thread has run its course.

 

[talltim]

Quick update to say that the iOS app has the same wording