A complicated delay repay query

[methethpropbut]

Hi guys, need a bit of advice here. On Monday a friend was travelling to Alloa on the following booked itinerary (on an advance ticket, which might matter in this case):

arr Edinburgh 1120
dep Edinburgh 1136
arr Stirling 1226
dep Stirling 1302
arr Alloa 1314

On that day, the LNER train arrived in Edinburgh at 1134, thus causing her to miss her connection. She took the next train to Stirling (the 1206), which was 7 min late approaching Larbert and thus got put behind the Glasgow - Alloa service, missing that connection. She instead opted to abandon her journey at Stirling (was let out just fine) and continue by bus (using a day ticket she would have otherwise bought anyways, so no £ lost there)

Now the question is, how much delay repay would be due (both morally and legally):

0%, since she was technically supposed to continue to Alloa on an Advance and by abandoning the journey, she also forwent the right to compensation
50%, since she arrived at Stirling 30 min later than the itinerary
100%, since if she had followed the itinerary all the way through she'd have been 60 min late at Alloa

Thank you all!

 

[Haywain]

In my view it's 50%, as it was her choice not to continue the rail journey. This will, of course, be claimed from LNER as the delay originated with them.

 

[yorkie]

In my view it's 50%, as it was her choice not to continue the rail journey. This will, of course, be claimed from LNER as the delay originated with them.

I'm not going to disagree with that.

Just to add that this is a bit muddled:

0%, since she was technically supposed to continue to Alloa on an Advance and by abandoning the journey, she also forwent the right to compensation

Technically an "abandoned" journey is one where the customer returns to the origin immediately (or at the earliest opportunity), and different arrangements apply (ie. not Delay Repay)

This is actually case of finishing short. Yes the ticket terms do not normally permit that due to a contractual term, but the fact the connection is missed means the contracted train can never be caught, so that point is moot. The customer may be better off financially by continuing their journey by rail but it is still reasonable to say they made a journey to Stirling and only chose to finish short because the delays made that a better option for the customer. I believe Delay Repay should still be payable based on a delay into Stirling.

The difficulty is that it isn't a standard case, it could mean a delay in processing the form and it could be open to interpretation.

 

[furlong]

Or 4. based on her actual arrival time after using the bus, if that was earlier than she would have arrived using the train.

 

[bb21]

Claim 100%.

If the abandoned leg were to only result in a 20-minute delay at Alloa instead of 30 at Stirling, you would not be allowed to claim for the 30-minute delay if journey was abandoned. Works both ways.

TOC revenue models do not work on the basis of people finishing short on their tickets.

The liability has already incurred. The only difference is that the TOC pockets your compensation if you claimed less.

 

[methethpropbut]

Thank you everyone, I've passed the info on to her for her to consider.