Hi all,
On 17 July, I travelled from Exhibition Centre (Glasgow) to London Euston. I had a Off-Peak Day Return from Exhibition Centre to Glasgow Central (the return ticket costs less than the single) and an Advance Single from Glasgow Central to Euston on the Avanti West Coast.
I was delayed for over an hour due to Scotrail trains not running. I think there was a fault on the line – in any case, I got to Exhibition Centre and was told no low-level trains to Central were running. By the time I made it to Central, my planned train was already gone. I was meant to be on the 11:36 from Central and in the end, I was on the 12:40, so I think I should get Delay Repay on the full cost of my WCML ticket and half of my Scotrail ticket.
On 18 July, I tried to submit a Delay Repay claim through Scotrail, but there was no option of adding more than 1 ticket. I tried putting both tickets into one photo, but it asks for the ticket reference and tries to find the ticket, so that wasn’t working. I contacted Scotrail through their web contact form, telling them about my delay, that I couldn’t upload more than one ticket, attaching a photograph of my tickets which I'd run a line through according to their instructions, and requesting the refund.
I received a response today saying this:
“Exhibition Centre - Glasgow Central
The Delay Repay system can normally accommodate one ticket per claim. Under Delay Repay conditions, you can receive a refund of up to the value of your ticket. As the Exhibition Centre - Glasgow Central train was cancelled, you can recover up to the value of your ticket, if you go back to the original retailer.
Consequential Losses
When you purchase a ticket to travel on the National Rail network you enter into agreement with the train companies whose trains you have the right to use. The National Rail Conditions of Travel set out your rights and any restrictions to those rights.
Under the National Rail Conditions of Travel, you are entitled to seek a refund of up to the value of your ticket for a delay or cancellation.
This has the effect that we do not cover for other consequential losses suffered as the result of the delay or cancellation. While I sympathise with your predicament on the day I am unfortunately unable to accede to the request for a refund for additional Delay Repay on a separate ticket.”
This doesn’t seem correct to me. My past experience of claiming Delay Repay has been with Avanti, which allows for uploads of more than one ticket and which has paid out for non-Avanti parts of the journey, on both stretches both before and after the Avanti part of the journey (i.e. when I was travelling Exhibition Centre-Canterbury West, they paid out in relation to the whole journey). The purpose of my travelling to Glasgow Central was to connect to the Avanti train and Scotrail’s unusable Delay Repay has a ‘Missed connections’ box you can check, so they seem to be aware of knock-on delays. “Consequential losses” reads to me like it's suggesting financial losses, but my 11:36 ticket covered me for the 12:40 (they issued me a paper supplement), so my loss is the delay.
Would this line of reasoning be correct/the one I should adopt:
that 32.1 of the National Rail Conditions of Travel states that “if you are delayed in reaching your destination as a result of a delay or cancellation of a train service, you may be entitled to claim compensation from the Train Company that is responsible for the delay in completing your journey.”
in conjunction with
14.2 of the same, which states that “you may use a combination of two or more Tickets to make a journey provided that the train services you use Call at the station(s) where you change from one Ticket to another.” ?
14.2 reads to me more like covering split tickets on the same train, rather than changing tickets while trains are also being changed. However, both the trains in question were supposed to call at Glasgow Central and I would treat them as 'a journey'.
I would be grateful for your assistance in terms of what I should argue.
On 17 July, I travelled from Exhibition Centre (Glasgow) to London Euston. I had a Off-Peak Day Return from Exhibition Centre to Glasgow Central (the return ticket costs less than the single) and an Advance Single from Glasgow Central to Euston on the Avanti West Coast.
I was delayed for over an hour due to Scotrail trains not running. I think there was a fault on the line – in any case, I got to Exhibition Centre and was told no low-level trains to Central were running. By the time I made it to Central, my planned train was already gone. I was meant to be on the 11:36 from Central and in the end, I was on the 12:40, so I think I should get Delay Repay on the full cost of my WCML ticket and half of my Scotrail ticket.
On 18 July, I tried to submit a Delay Repay claim through Scotrail, but there was no option of adding more than 1 ticket. I tried putting both tickets into one photo, but it asks for the ticket reference and tries to find the ticket, so that wasn’t working. I contacted Scotrail through their web contact form, telling them about my delay, that I couldn’t upload more than one ticket, attaching a photograph of my tickets which I'd run a line through according to their instructions, and requesting the refund.
I received a response today saying this:
“Exhibition Centre - Glasgow Central
The Delay Repay system can normally accommodate one ticket per claim. Under Delay Repay conditions, you can receive a refund of up to the value of your ticket. As the Exhibition Centre - Glasgow Central train was cancelled, you can recover up to the value of your ticket, if you go back to the original retailer.
Consequential Losses
When you purchase a ticket to travel on the National Rail network you enter into agreement with the train companies whose trains you have the right to use. The National Rail Conditions of Travel set out your rights and any restrictions to those rights.
Under the National Rail Conditions of Travel, you are entitled to seek a refund of up to the value of your ticket for a delay or cancellation.
This has the effect that we do not cover for other consequential losses suffered as the result of the delay or cancellation. While I sympathise with your predicament on the day I am unfortunately unable to accede to the request for a refund for additional Delay Repay on a separate ticket.”
This doesn’t seem correct to me. My past experience of claiming Delay Repay has been with Avanti, which allows for uploads of more than one ticket and which has paid out for non-Avanti parts of the journey, on both stretches both before and after the Avanti part of the journey (i.e. when I was travelling Exhibition Centre-Canterbury West, they paid out in relation to the whole journey). The purpose of my travelling to Glasgow Central was to connect to the Avanti train and Scotrail’s unusable Delay Repay has a ‘Missed connections’ box you can check, so they seem to be aware of knock-on delays. “Consequential losses” reads to me like it's suggesting financial losses, but my 11:36 ticket covered me for the 12:40 (they issued me a paper supplement), so my loss is the delay.
Would this line of reasoning be correct/the one I should adopt:
that 32.1 of the National Rail Conditions of Travel states that “if you are delayed in reaching your destination as a result of a delay or cancellation of a train service, you may be entitled to claim compensation from the Train Company that is responsible for the delay in completing your journey.”
in conjunction with
14.2 of the same, which states that “you may use a combination of two or more Tickets to make a journey provided that the train services you use Call at the station(s) where you change from one Ticket to another.” ?
14.2 reads to me more like covering split tickets on the same train, rather than changing tickets while trains are also being changed. However, both the trains in question were supposed to call at Glasgow Central and I would treat them as 'a journey'.
I would be grateful for your assistance in terms of what I should argue.