Short formed services - recourse for compensation?

[lonelycartoon]

Unsure whether this is the right area to post this, so please feel free to delete and I’ll re-post elsewhere.

I’m a regular commuter into London with East Midlands Railway. For the last four weeks in a row, the service I regularly travel on (typically a 10 carriage service), has been reduced to 5, due to ‘engineering issues’ or ‘a problem with carriage coupling’. This has resulted to blocked aisles and vestibules throughout the train.

The guard apologises for the disruption and uses the above excuses, and offers compensation for first class passengers who are unable to get a seat. I, a standard traveller with an advanced ticket, seemingly doesn’t have any recourse for compensation, or refunds. I’ve since emailed EMR asking what’s available (I’m not holding my breath) and spoke with station staff to understand when we’ll see 10 carriages again.

I wanted to ask the forum whether there was any recourse for us lowly standard class, advanced ticket holders in this instance - surely there has to be something relating to conditions of carriage, or services not running as advertised?

Thanks.

 

[D6975]

If a short formed service causes passengers to be left behind at stations as it's impossible to board, then you are entitled to recompense. If you can get on the train, you're not.

 

[lonelycartoon]

If a short formed service causes passengers to be left behind at stations as it's impossible to board, then you are entitled to recompense. If you can get on the train, you're not.

In the case of first class ticket holders being offered a refund/compensation for not getting a seat vs. Standard class - what’s the rationale there do you think?

 

[AlterEgo]

In the case of first class ticket holders being offered a refund/compensation for not getting a seat vs. Standard class - what’s the rationale there do you think?

Well it’s a term of the passenger contract and if it’s not fulfilled you can claim a partial refund. It’s also a benefit of paying more money for what’s supposed to be a higher level of service.

 

[JordR]

In many cases is commuter first class not essentially just a discount-backed guarantee of a (sometimes not even nicer than standard) seat?

 

[WesternLancer]

In the case of first class ticket holders being offered a refund/compensation for not getting a seat vs. Standard class - what’s the rationale there do you think?

Well they would probably be refunded the difference between first and standard class. Not a full refund.

 

[bengolding]

EMR offer a Seat Guarantee with compensation if your reserved seat is not provided. I contacted Customer Relations requesting this a few months ago following having to stand with a short formed service which meant I could not reach my pre-booked seat. I was later compensated the full cost of my Advance ticket.

What service are you encountering this short formation on?

 

[WesternLancer]

EMR offer a Seat Guarantee with compensation if your reserved seat is not provided. I contacted Customer Relations requesting this a few months ago following having to stand with a short formed service which meant I could not reach my pre-booked seat. I was later compensated the full cost of my Advance ticket.

What service are you encountering this short formation on?

I bet this isn’t well known about!

 

[Watershed]

Unsure whether this is the right area to post this, so please feel free to delete and I’ll re-post elsewhere.

I’m a regular commuter into London with East Midlands Railway. For the last four weeks in a row, the service I regularly travel on (typically a 10 carriage service), has been reduced to 5, due to ‘engineering issues’ or ‘a problem with carriage coupling’. This has resulted to blocked aisles and vestibules throughout the train.

The guard apologises for the disruption and uses the above excuses, and offers compensation for first class passengers who are unable to get a seat. I, a standard traveller with an advanced ticket, seemingly doesn’t have any recourse for compensation, or refunds. I’ve since emailed EMR asking what’s available (I’m not holding my breath) and spoke with station staff to understand when we’ll see 10 carriages again.

I wanted to ask the forum whether there was any recourse for us lowly standard class, advanced ticket holders in this instance - surely there has to be something relating to conditions of carriage, or services not running as advertised?

Thanks.

If you had a seat reservation which wasn't honoured (e.g. your booked coach didn't turn up, or the train was so busy you couldn't reach your seat) then you would certainly be entitled to some compensation for having to stand.

EMR are one of a few operators who set out specific compensation for this eventuality in their Passenger Charter; you get compensation of 25% of the cost of your ticket if it's a single, (of 12.5% if it's a return ticket). That's arguably stingy stingy compared to the 50% that GWR and 100% that LNER will pay, but it's something at least.

You could make a case for a higher level of compensation (or, strictly speaking, a "price reduction") under the Consumer Rights Act but with the contract defining a level of compensation, albeit modest, I think that a judge might regard that as an "appropriate amount"

If you don't have a seat reservation you would be reliant on a claim under the Consumer Rights Act for failure to provide the service with reasonable skill and care. That is a somewhat higher bar because it requires there to be a degree of fault on EMR's part, but it may still be possible to make a claim on this basis.

 

[lonelycartoon]

EMR offer a Seat Guarantee with compensation if your reserved seat is not provided. I contacted Customer Relations requesting this a few months ago following having to stand with a short formed service which meant I could not reach my pre-booked seat. I was later compensated the full cost of my Advance ticket.

What service are you encountering this short formation on?

Thanks very much for this - and super interesting to know how your enquiry ended up too. EMR have had an issue with seat reservations not loading on 3 of the 4 services I’ve mentioned - then on my last trip, my carriage didn’t turn up.

The service is the 0727 from Market Harborough to London. By the the time it reaches Leicester, it’s standing room only.