Delay Repay claims rejected

[Watershed]

If you are delayed by not being able to board a train that is too full and you have to catch the next one, can you claim delay repay?

Yes. Ultimately you have still been delayed due to something which is within the operator's responsibility.

 

[greyman42]

Yes. Ultimately you have still been delayed due to something which is within the operator's responsibility.

Would you just add a note to the form explaining why you are claiming as the LNER form has nowhere to add notes?

 

[td97]

Would you just add a note to the form explaining why you are claiming as the LNER form has nowhere to add notes?

You could write to the TOCs customer support team and include that under Consumer Right Acts 2015, you feel the service was not delivered with reasonable care and skill and as such would like monetary compensation.

 

[greyman42]

You could write to the TOCs customer support team and include that under Consumer Right Acts 2015, you feel the service was not delivered with reasonable care and skill and as such would like monetary compensation.

Thanks for that.

 

[Fawkes Cat]

Would you just add a note to the form explaining why you are claiming as the LNER form has nowhere to add notes?

I’ve had some but not total success with writing a note and including it in the photo of the ticket. Where it didn’t succeed (with Avanti) I had to appeal the matter twice before getting satisfaction.

 

[3rd rail land]

If you are delayed by not being able to board a train that is too full and you have to catch the next one, can you claim delay repay?

You are most definitely entitled to delay repay but I'd be surprised if you don't get your claim rejected. The TOC will claim the train ran and you'll have to explain to them about it being too crowded to board, even if you mention this on the form you submit.

 

[trainophile]

Most TOC claim forms are not really fit for purpose. They should all include a box for freehand explanations, although that would of course require human handling of the claims, which obviously they don't want to do in the first instance.

 

[td97]

Thanks for that.

I've done this before and received 100% compensation, as opposed to 25% delay repay which I was eligible for.

 

[dd1]

A few years ago the delay repay form of West Midlands Railway had "train too busy to board" as one of the possible reasons for a delay claim. I haven't used their form much recently, so I cannot say if that option is still there.

(In fact, their customer services suggested at the time that I should pick that option in the situation when one of their services left early.)

 

[Hadders]

If you are delayed by not being able to board a train that is too full and you have to catch the next one, can you claim delay repay?

I've successfully claimed from GTR when I've physically been unable to board.

 

[yorkie]

XC are rejecting valid claims, and sending them to companies which were not used on the journey.

I'm aware of several examples, including:

https://mobile.twitter.com/DJBSass/status/1586942545971609600

CrossCountryUK Why have you passed this onto Northern?! Since when have they operated trains from Birmingham to Manchester?

In another example I know of, they forwarded the claim to TPE, for a journey not made or valid on TPE.

 

[1955LR]

I successfully claimed for 100% refund from TFW this year when the train was too crowded to board & I abandoned the journey

 

[OscarH]

A few years ago the delay repay form of West Midlands Railway had "train too busy to board" as one of the possible reasons for a delay claim. I haven't used their form much recently, so I cannot say if that option is still there.

(In fact, their customer services suggested at the time that I should pick that option in the situation when one of their services left early.)

It is still there, or at least it was on the LNWR one yesterday, and they use the same form. It surprised me they actually had it as an option, I expected them to make life difficult in that situation

 

[CharlieSpotted]

If you are delayed by not being able to board a train that is too full and you have to catch the next one, can you claim delay repay?

I successfully claimed from Chiltern on this basis recently. It wasn't one of the available options on the online form, so they initially rejected it, but I wrote back simply along the lines of:

"Train was full and standing on departure, so I caught the next train 30 minutes later"

And they paid out straight away.

 

[Grumpy Git]

A recent claim I had with Northern was not rejected, but only paid-out on a 15-29 minute delay when the actually delay was actually around the 60 minute mark, (I was expecting to be paid out based on up to 59 minutes worst case).

The amount was small, so I couldn't be bothered pursuing the matter further. However, for me to have only been delayed by 15-29 minutes would have meant me being a clairvoyant.

 

[island]

I successfully claimed from Chiltern on this basis recently. It wasn't one of the available options on the online form, so they initially rejected it, but I wrote back simply along the lines of:

"Train was full and standing on departure, so I caught the next train 30 minutes later"

And they paid out straight away.

I was about to write that you were lucky to get anything from Chiltern who don't pay out for circumstances outside the railway's control, but I missed that they finally moved onto DelayRepay this year.

 

[CharlieSpotted]

I actually placed 3 Delay Repay claims on the same day (lots of disrupted journeys that week to different places on different operators), and Chiltern paid out the quickest:

Chiltern - Same day
Avanti - 3 days
WMR - 7 days and counting...

 

[Watershed]

I was about to write that you were lucky to get anything from Chiltern who don't pay out for circumstances outside the railway's control, but I missed that they finally moved onto DelayRepay this year.

In any event the fact the train was full and standing doesn't inherently mean the delay was outside the railway's control. But as you say, this is now almost always immaterial, as virtually all TOCs have adopted Delay Repay.

Unfortunately, TfL services are still on this sort of inferior "delay refund" scheme (yes, it's a rather unhelpful description as it's not really a refund at all) and there doesn't appear to be any prospect of that changing. And Merseyrail still pretend that they only need to pay 20% compensation for delays on journeys that extend beyond the Merseyrail network.

 

[rg177]

Northern have just rejected my DR claim for last Saturday under the daft reason of 'tickets not valid'.

I'd booked AP singles for the 1930 NT from Leeds to York then the 2035 LNER up to Newcastle. Someone was hit by a train at Cross Gates so I had to go via Harrogate with the resultant congestion at York causing me to arrive in Newcastle at 23:10 rather than the scheduled 21:42.

I've appealed but I must admit I'm rather dumbfounded as to how two AP tickets (which I've checked have been submitted in the right order and are indeed the right tickets) aren't valid on the only service they could possibly be valid on.

It's only £12.10 but the incident was handled spectacularly badly communication-wise and it shouldn't be a difficult claim.

 

[Watershed]

Northern have just rejected my DR claim for last Saturday under the daft reason of 'tickets not valid'.

I'd booked AP singles for the 1930 NT from Leeds to York then the 2035 LNER up to Newcastle. Someone was hit by a train at Cross Gates so I had to go via Harrogate with the resultant congestion at York causing me to arrive in Newcastle at 23:10 rather than the scheduled 21:42.

I've appealed but I must admit I'm rather dumbfounded as to how two AP tickets (which I've checked have been submitted in the right order and are indeed the right tickets) aren't valid on the only service they could possibly be valid on.

It's only £12.10 but the incident was handled spectacularly badly communication-wise and it shouldn't be a difficult claim.

The only explanation I can venture is that they only looked at the first ticket and concluded it wouldn't be valid to travel to Newcastle!

 

[rg177]

The only explanation I can venture is that they only looked at the first ticket and concluded it wouldn't be valid to travel to Newcastle!

I wouldn't be surprised.

I'll await their next move. Hopefully someone with a little more common sense gives it a read.

 

[johntea]

They use a semi automated system for the initial claims so an appeal should result in success, I've always had appeals approved

My main issue at the moment is the complimentary tickets just never seem to show up in the post! (after getting the email advising they've been sent and to expect them within 10-15 days), I've had to send Northern a email today to chase up a couple that are outstanding for over a month, coincidentally it seems to be ever since they changed to their new portal earlier this year...

Would be nice if they sent them recorded delivery rather than standard postage to be honest, just so they can be at least tracked

 

[Kite159]

They use a semi automated system for the initial claims so an appeal should result in success, I've always had appeals approved

My main issue at the moment is the complimentary tickets just never seem to show up in the post! (after getting the email advising they've been sent and to expect them within 10-15 days), I've had to send Northern a email today to chase up a couple that are outstanding for over a month, coincidentally it seems to be ever since they changed to their new portal earlier this year...

Would be nice if they sent them recorded delivery rather than standard postage to be honest, just so they can be at least tracked

Don't give them any ideas about saying "due to unreliably of the postal system" to be used as an excuse to do away with the free tickets.

 

[Jamiescott1]

I submitted 2 requests for same day (delays on both legs of journey).
Morning journeys delay repay unsuccessful. Reason given maximum amount already paid out on that day
Evening journey still pending.

 

[ABB125]

maximum amount already paid out on that day

I've never come across this before - do they mean that they've already paid you the "maximum amount" (whatever that may be), or that the (non-existent, as far as I'm aware) "delay repay pot" has been spent for that particular train?

 

[Jamiescott1]

I've never come across this before - do they mean that they've already paid you the "maximum amount" (whatever that may be), or that the (non-existent, as far as I'm aware) "delay repay pot" has been spent for that particular train?

I assume because its a season ticket I can only claim a certain amount a day regardless if both journeys are delayed.
The thing is that the other delayed journey that day is still pending so I havent recieved anything yet

 

[Watershed]

I assume because its a season ticket I can only claim a certain amount a day regardless if both journeys are delayed.
The thing is that the other delayed journey that day is still pending so I havent recieved anything yet

There is nothing in the NRCoT which limits total daily claims. Only claims over the entirety of the ticket. Which TOC are you claiming from? ISTR some try to put daily limits in their Charters.

 

[rg177]

The only explanation I can venture is that they only looked at the first ticket and concluded it wouldn't be valid to travel to Newcastle!

Approved after human intervention. Though they've approved the claim as 120+ minutes despite it being about 95.

No material difference to the money back of course, but I do wonder how it was worked out.

 

[VC00]

.

 

[td97]

Northern are playing difficult with a current delay repay claim.
An on-the-day train cancellation led to the last leg of my journey being by replacement bus, causing a delay in the 15-29 minute bracket.
Their position (or at least the position of the manager in charge of my case) is that if rail replacement transport is provided, delay repay is measurable against the RRB schedule only. As the RRB was on time, no DR is payable.
This is nonsense and they have sent me a deadlock email and told me to go to the ombudsman. Which I will.

Any TOC behaving like that deserves everything that they get. Get your MP and the media involved too. Ensure that the manager is named personally.

Unfortunately I wouldn't hold out high hopes for the Ombudsman. But it doesn't cost anything to use the Ombudsman, and it might be frowned upon (meaning you might not recover all of your costs) if you brought a legal claim without trying to resolve the matter through the Ombudsman first.

Absolutely do this in addition to going to the ombudsman. If all these avenues get you nowhere then I suggest filing a MCOL (money claim online). There is a fee for an MCOL but if successful you will get this back from Northern.
At this point it's far more about the principle of the matter than the monies involved.

I've not had a resolution or update yet from the ombudsman, but Northern have sent an update about the delay repay claim with the reason "agent error" and approved the delay repay.
I must be the least favourite name in the complaints department this week after Monday's success.