Dispute with GWR over Delay Repay compensation

[kkgbd2223]

Hello,

Recently I made a return journey from my home town to Bristol with GWR. On the outward journey I was delayed 45 minutes and on the return journey I was delayed 121 minutes. I made 2 claims for "delay repay" to GWR, however in doing so, I had noticed that the amount GWR state they award for Delay Repay can potentially exceed the amount paid for the ticket. So in my case, the return journey, I am entitled to a 100% award, for the outward journey, a 25% award which is more than what I paid for the ticket. I have submitted a delay repay claim to GWR who have limited the claim to only what I paid for the ticket. I have a few questions about that:
1. The Delay Repay is advertised as "Compensation" not a "Refund" and the same terms are used in the National Conditions of Carriage. The term "Refund" is used for scenarios where the customer chooses not to travel.
2. The Delay Repay forms part of the contract I and GWR enter into, I could not find mentioned in the terms and conditions any restriction that a "compensation award" is limited to the price paid for the ticket
3. Where the customer has purchased a Return ticket (not 2 singles), where both the outward and return journeys were delayed with one of these being for 120 minutes or over, the Delay Repay compensation amounts which GWR advertise will exceed the price paid for the ticket. The most extreme case being a 120+ delay on both the outward and return journeys which as advertised, will require GWR to compensate to twice the price paid for the ticket. Should this be offered?
4. I refer to the compensation rules around Flight delays where the compensation award airlines must give can exceed the price paid for the ticket where the compensation starts at £220 which is frequently more than what a ticket costs. I would have thought the same principle applies to "Delay Repay" in that it's there to compensate you for your inconvenience caused by them, it isn't a ticket refund.

As I've said above, this issue is only where a Return ticket has been purchased and one of the delays was for over 120 minutes.

Basically, are GWR right to limit the compensation? Where is this stated in the terms and conditions? Should I complain to their customer services or consider futher action?

Thanks!

 

[furlong]

Compensation limits depend on the basis of your claim. See the National Rail Conditions of Travel. Paragraph 32.2 provides a summary. The wording remains poor and still contains some ambiguity : "For claims...a train service..."

 

[Watershed]

It used to be the case that there was no limit on the total amount of compensation you could get - so as you say, if holding a return ticket, a delay of 120 minutes in one direction plus a qualifying delay in the other direction (at least 15/30/60 minutes depending on the TOC in question and their policy) would see you receiving more compensation than the cost of your ticket.

This isn't inherently wrong, and as you note, flight delay compensation frequently exceeds the cost of the ticket as it is designed to compensate you for the inconvenience caused, the value of which is not necessarily limited to the cost of your ticket.

Unfortunately, when the NRCoT were last amended in February 2022, the government added in a clause under condition 32.2 which now states:

For claims made under the industry arrangements (set out at paragraph 32.1.1 above)

(i.e. Delay Repay schemes)

for losses caused by the delay and/or cancellation of a train service, you can only recover up to the price of your Ticket. However, in exceptional circumstances, a Train Company may consider claims for other losses. This will be for the Train Company to decide in its sole discretion, unlike your legal rights set out in paragraph 32.1 above.

This was one of a number of anti-passenger changes that were made at the time, including the introduction of the ludicrous and quite possibly unenforceable "Timetable of the Day" limitation on Delay Repay, which purports to claim that the timetable "published" at 10pm the night before is what counts, not the timetable in place when you booked.

Condition 32.2 does go on to say that:

If you wish to ask the Train Company to consider making a discretionary payment, you should write in the first instance to the Train Company at the address which can be found on nationalrail.co.uk or by calling 0345 7 48 49 50. Please note that this does not affect your statutory rights (see paragraph 32.1.2).

So you should write to GWR and ask them to reconsider. The other option is for you to make a further claim under the Consumer Rights Act, if you believe that the service wasn't provided with reasonable care and skill. However, if the delay was caused by something that GWR couldn't reasonably have avoided (e.g. a landslip), then it's unlikely that this is the case and so nothing additional would be due under the CRA.

If you remain unhappy with GWR's response, you can of course take the matter further and we can assist you with that.

 

[furlong]

The ambiguous reading is that there are two independent claims each separately subject to that limit, not jointly. (They've a history of making use of ambiguities.)

 

[kkgbd2223]

Thank you all for your replies. I've read through section 32 of the NRCoC. It looks to me GWR have made 2 errors in my Delay Repay claim:

1. On the outward journey, the delay was caused by a delayed connecting Cross Country train as Bristol Parkway, my claim should have been forwarded to them
2. I have made an outward and a return journey, i.e. 2 journeys. Section 32.1 states "if you are delayed reaching your destination...you may be entitled to claim compensation" and section 32.2 limits that compensation to the price paid for the ticket. I was delayed reaching 2 separate destinations - the first being Bristol Temple Meads on the outward journey, and the second being my home town on the retun. Hence I am entitled to submit 2 Delay Repay claims and each claim is therefore limited independently, to the price I paid for the ticket.

I think the ambiguity in the case of a Return ticket, is the price paid for each leg of the journey as this isn't stated, instead what I have is a total price for the entire round trip. GWR's Delay Repay table specifically advertises I'm entitled to 100% of the price I paid for a Return ticket in the event of a delay of more than 120 minutes on one journey leg. Hence by doing so, GWR are voluntarily advertising more in compensation than they are required to offer by section 32.2. I do not think that is it reasonable to assume that the price for each journey is half that of the return fare as GWR sell single tickets for a higher cost than half the return fare.

I will draft a letter to GWR....

Thanks!

 

[Watershed]

On the outward journey, the delay was caused by a delayed connecting Cross Country train as Bristol Parkway, my claim should have been forwarded to them

It's unfortunate that you claimed for both delays with GWR; had you claimed with XC for the delay they caused, you would likely have received compensation from both companies, as they don't tend to talk to each other unless they have common Delay Repay claim processing software (as in the case of the FirstGroup TOCs such as GWR and SWR, as well as former FG TOC, TPE).

I have made an outward and a return journey, i.e. 2 journeys. Section 32.1 states "if you are delayed reaching your destination...you may be entitled to claim compensation" and section 32.2 limits that compensation to the price paid for the ticket. I was delayed reaching 2 separate destinations - the first being Bristol Temple Meads on the outward journey, and the second being my home town on the retun. Hence I am entitled to submit 2 Delay Repay claims and each claim is therefore limited independently, to the price I paid for the ticket.

Unfortunately I don't think there is any mileage in this argument. You're of course entitled to make two claims, but condition 32.2 still limits "claims" (plural) to the total price paid for the ticket.

Before the clause was introduced, you'd absolutely be right, but unfortunately this is no longer the case.

I think the ambiguity in the case of a Return ticket, is the price paid for each leg of the journey as this isn't stated, instead what I have is a total price for the entire round trip. GWR's Delay Repay table specifically advertises I'm entitled to 100% of the price I paid for a Return ticket in the event of a delay of more than 120 minutes on one journey leg. Hence by doing so, GWR are voluntarily advertising more in compensation than they are required to offer by section 32.2. I do not think that is it reasonable to assume that the price for each journey is half that of the return fare as GWR sell single tickets for a higher cost than half the return fare.

GWR's Delay Repay policy is certainly more generous than the minimum required by the NRCoT and the PRO - it has a lower threshold for claiming compensation and the percentages awarded are higher. Nevertheless, a return ticket is one ticket even if it is issued as two portions, and condition 32.2 is clear that "claims" are limited to "the price of your Ticket". The cost of other tickets that GWR offer is therefore not relevant.

I will draft a letter to GWR....

I think the only viable options you have here are to ask GWR to consider making a discretionary payment, as envisaged by NRCoT 32.2, or to make a claim for further compensation under the Consumer Rights Act. Of course, the former option is dependent on GWR's goodwill and the latter depends on the delay having been their fault.