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Notified train is cancelled and to catch next train - possible delay repay?

Kenny G

Member
Joined
20 Mar 2014
Messages
83
I have received a notification from the forum's ticket service that my 06.03 train from Upminster to West Ham on Thursday 15/10 has been cancelled and I should catch the next train. This is part of a journey to Cardiff on an advanced single. The email states that I should be permitted on any later train. Catching the later train and keeping to the suggested itinerary - Upminster - west ham - Stratford - paddington - Cardiff would likely cause me to miss the 07.16 from Paddington and catching the later train would obviously result in a delay.
Q1. Would I be permitted to catch the later train from Paddington. Could I claim delay repay from c2c for the cancelled journey causing the delay?
Q2. I could just jump on a Hammersmith and city from West Ham and even though I caught a later c2c still be in time for 07.16 Paddington train. Would this be permitted?
Q3.Would.it be permitted to just catch an earlier 05.40 train from Upminster?
Q4. I cannot find any evidence on C2C's website that the 06.03 train is actually cancelled. If it hasn't been would the email from the forum's site still permit me to catch the later train from Paddington?
 
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Benjwri

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It is going to be difficult for anyone to advise on this unless you could post details of the exact ticket(s) held and the itinerary you were originally on.
 

bcarmicle

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11 May 2018
Messages
411
Q4. I cannot find any evidence on C2C's website that the 06.03 train is actually cancelled.
Looking at RealTimeTrains, it looks like there have been a bunch of cancellations and reinstatements with slight variations for C2C trains that morning. So there is still planned to be a train running at 0603 (in fact I suspect your original train was 0602), which you can catch.
 

Adam Williams

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The email states that I should be permitted on any later train
Does it? I think it says:

If your train is cancelled, you may take either of the following: one of the two services immediately after your planned service or one of the two services prior to your planned service.

For the benefit of the thread, F59829 is the service referred to as cancelled.
 

Watershed

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I have received a notification from the forum's ticket service that my 06.03 train from Upminster to West Ham on Thursday 15/10 has been cancelled and I should catch the next train. This is part of a journey to Cardiff on an advanced single. The email states that I should be permitted on any later train. Catching the later train and keeping to the suggested itinerary - Upminster - west ham - Stratford - paddington - Cardiff would likely cause me to miss the 07.16 from Paddington and catching the later train would obviously result in a delay.
Looking at Timetable history.info for that day, it looks like the "original" 06:03 starting at Thorpe Bay has been cancelled and has been replaced by a new train with the same timings, instead starting at Southend Central.

So in reality, it is all rather a moot point as you should be able to travel exactly as planned. However, I'll answer your questions for the sake of clarifying the position if the 06:03 hadn't been (effectively) reinstated.

Q1. Would I be permitted to catch the later train from Paddington.
Yes, if you're travelling in line with whatever the email states (likely that you can take the 2 trains before or after). The reference to before/after is generally understood as referring to starting your journey, with subsequent connections being permitted based on whenever you reach the relevant connecting station(s).

Could I claim delay repay from c2c for the cancelled journey causing the delay?
According to the wording of the National Rail Conditions of Travel (NRCoT), Delay Repay is calculated based on the timetable advertised on the day of departure. It's not at all clear what this is means when you were booked to travel on a train that no longer exists or what the new reference point is.

I would suggest that this purported exclusion clause is highly likely to be an unfair term (and thus unenforceable) under the Consumer Rights Act. But it might take quite a bit of arguing to get what you are entitled to, if a claim is rejected and you have to pursue it.

Q2. I could just jump on a Hammersmith and city from West Ham and even though I caught a later c2c still be in time for 07.16 Paddington train. Would this be permitted?
Assuming you have a through ticket, it would be routed "+AP Slough", meaning it has no specific operator restrictions and so for the portions of your ticket where no specific train is printed (likely Upminster to Paddington) you can any "appropriate connecting service".

Your ticket includes a cross London transfer (on the DLR/Underground/Elizabeth line/Thameslink) as denoted by the + or Maltese cross symbol on it. This can be undertaken via any "reasonable" route between any "appropriate" interchange stations along the route. On the east side of London, Upminster, Barking, West Ham, Limehouse, Stratford, Liverpool Street or Fenchurch Street would all be "appropriate" for your journey.

So I'd suggest joining the Underground, DLR or Elizabeth line at any of the above would be reasonable (and permitted) to complete your journey.

Q3.Would.it be permitted to just catch an earlier 05.40 train from Upminster?
You are automatically permitted to take the 2 trains before or after in the event your booked train is cancelled (this goes for all ticket types). The 05:41 is two trains earlier so that would be permitted under the cancellation ticket acceptance rules.

In any case, since no specific train is likely to be printed from Upminster, you can take any "appropriate connecting service" and is suggest the 05:41 is more than reasonable given a 07:16 departure from Paddington. So even without a cancellation you'd be fine to take that.

Q4. I cannot find any evidence on C2C's website that the 06.03 train is actually cancelled.
It isn't specifically shown as cancelled because it's been removed from the timetable rather than cancelled on the day of travel, and because a replacement train has been inserted with the same timings (starting at Southend Central).

I'm not sure why c2c are making so many timetable amendments at the moment, but they seem to be cancelling nearly every train from the LTP (long term timetable) and replacing them with new schedules running to similar if not identical timings under an STP (short term timetable) basis.

If it hasn't been would the email from the forum's site still permit me to catch the later train from Paddington?
Yes, you are always entitled to rely on the email you receive from your retailer informing you of the cancellation, even if a train subsequently turns out to be reinstated (whether as the same schedule or a new/similar replacement schedule).
 

Kenny G

Member
Joined
20 Mar 2014
Messages
83

It is going to be difficult for anyone to advise on this unless you could post details of the exact ticket(s) held and the itinerary you were originally on.
Thank you both for your replies. The itinerary is: 06:03 Board c2c at Upminster
06:16 arrive West Ham catch tube to Stratford
06:37 Board Elizabeth line to Paddington
06:57 Arrive at Paddington
07:12 Board GWR train to Cardiff central
09:08 Arrive at Cardiff
 
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