Greater Anglia delay repay appeal taking longer than expected.

[WizCastro197]

I had intended to travel on the 16:30 Norwich to Liverpool Street on the 3rd of August. It was cancelled/removed from schedule (due to overtime ban that week), so when I went in to claim delay repay for 30+ minutes, I had to select the 17:03 option to Liverpool Street (as there was no 16:30 option to select), full well knowing it would be rejected the first time as there was no actual delay on that service.

Anyway a few days later, as expected the rejected email came through so I naturally appealed saying that the 16:30 was cancelled so consequently I used the 17:03, resulting in a delay of 30+ minutes.

And that's where I'm up to, the appeal confirmation letter said it would take up to 10 days process. It's now been 20, since I put my appeal in on the 5th Of September. When I log in to see my claim history it says 'your claim is now being looked at by one of our agents, you should receive a decision soon'. but it's said that for the last 17-18 days.

is this normal and is my only option to wait?

 

[avid2424]

Different TOC but appealed in July and 48 days later in September received confirmation that my delay claim would be accepted and processed

During the 48 days of silence it was simply log in and see the message- it was being looked at

 

[Watershed]

I had intended to travel on the 16:30 Norwich to Liverpool Street on the 3rd of August. It was cancelled/removed from schedule (due to overtime ban that week), so when I went in to claim delay repay for 30+ minutes, I had to select the 17:03 option to Liverpool Street (as there was no 16:30 option to select), full well knowing it would be rejected the first time as there was no actual delay on that service.

Anyway a few days later, as expected the rejected email came through so I naturally appealed saying that the 16:30 was cancelled so consequently I used the 17:03, resulting in a delay of 30+ minutes.

And that's where I'm up to, the appeal confirmation letter said it would take up to 10 days process. It's now been 20, since I put my appeal in on the 5th Of September. When I log in to see my claim history it says 'your claim is now being looked at by one of our agents, you should receive a decision soon'. but it's said that for the last 17-18 days.

is this normal and is my only option to wait?

Submitting a claim using the 17:03 was probably unwise - I would have submitted a manual claim from the beginning. The form has an option to select an itinerary that doesn't come up automatically.

 

[WizCastro197]

Submitting a claim using the 17:03 was probably unwise - I would have submitted a manual claim from the beginning. The form has an option to select an itinerary that doesn't come up automatically.

Yes, but it doesn't allow it for with a journey with no changes.

 

[Southern Beau]

Maybe I’m missing something but if the train is not visible on the Delay Repay journey selector, it’s often because the train was cancelled the night before (by 10pm) eg: from the timetable of the day.

As much as I totally disagree with this, delay repay is not applicable if the service is removed by this time

 

[UserM]

Maybe I’m missing something but if the train is not visible on the Delay Repay journey selector, it’s often because the train was cancelled the night before (by 10pm) eg: from the timetable of the day.

As much as I totally disagree with this, delay repay is not applicable if the service is removed by this time

This is not the case, indeed my opinion and I believe that of @Watershed who will happily explain more, I’m sure!! Is that any attempt to use the purported timetable of the day exclusion is illegal under consumer and potentially contract law. Thus meaning that you are indeed entitled to delay repay as well as the protections offered by the PRO.

 

[Southern Beau]

This is not the case, indeed my opinion and I believe that of @Watershed who will happily explain more, I’m sure!! Is that any attempt to use the purported timetable of the day exclusion is illegal under consumer and potentially contract law. Thus meaning that you are indeed entitled to delay repay as well as the protections offered by the PRO.

What do you mean “this is not the case”? Have you attempted to make a claim similar to the OP, and successfully received payment.
I have had a claim rejected by a TOC similar to the OP

Edit: email added received from TOC when challenging delay repay rejection:

“Thank you for your email.

Because the service that you were intending to travel on was removed after you purchased your ticket, if you did not travel as a result of this, you would be able to request a full refund.

However, as is stated in the National Rail Conditions of Travel, "you are entitled to compensation if the delay was 60 minutes or longer, regardless of fault. Compensation is based on the delay in your arrival time at the destination station, as compared to the arrival time stated in the Published Timetable of the Day.” (Section 32.1). In this document it also states that the '“Published Timetable of the Day” means the schedule of services, including rail replacement services, applicable on the day you travel or plan to travel (different to May or December timetable). These changes will be published no later than 22:00 the day before travel and available at www.nationalrail.co.uk' (page 31). This document can be seen here: https://www.nationalrail.co.uk/National Rail Conditions of Travel.pdf.

As a result of this, as stated in my previous email, we unfortunately would not be able to offer delay repay compensation.

I apologise for any frustration and disappointment caused by this.
If you have any further queries, please do not hesitate to get back in contact with us”

 

[Watershed]

This is not the case, indeed my opinion and I believe that of @Watershed who will happily explain more, I’m sure!! Is that any attempt to use the purported timetable of the day exclusion is illegal under consumer and potentially contract law. Thus meaning that you are indeed entitled to delay repay as well as the protections offered by the PRO.

Indeed - if you search by posts that I've made, which include the phrase Published Timetable of the Day, you'll find plenty to peruse!

What do you mean “this is not the case”? Have you attempted to make a claim similar to the OP, and successfully received payment.
I have had a claim rejected by a TOC similar to the OP

There's a difference between having a claim rejected (either at first instance or upon appeal) and being entitled to compensation. Clearly, it won't necessarily be as straightforward with a claim that concerns the PToD, but you should get what you're owed eventually.

 

[Southern Beau]

Indeed - if you search by posts that I've made, which include the phrase Published Timetable of the Day, you'll find plenty to peruse!


There's a difference between having a claim rejected (either at first instance or upon appeal) and being entitled to compensation. Clearly, it won't necessarily be as straightforward with a claim that concerns the PToD, but you should get what you're owed eventually.

Have you personally been able to get delay repay for a journey which had been removed by 10pm the day before travel?
Or do you know anyone who has?

 

[Watershed]

Have you personally been able to get delay repay for a journey which had been removed by 10pm the day before travel?
Or do you know anyone who has?

Yes. It shouldn't be regarded as impossible.

 

[Southern Beau]

Yes. It shouldn't be regarded as impossible.

Ok, and was it accepted during the original claim or did you need to make an appeal? And if so, what wording did you use for the appeal

 

[UserM]

What do you mean “this is not the case”? Have you attempted to make a claim similar to the OP, and successfully received payment.
I have had a claim rejected by a TOC similar to the OP

Edit: email added received from TOC when challenging delay repay rejection:

“Thank you for your email.

Because the service that you were intending to travel on was removed after you purchased your ticket, if you did not travel as a result of this, you would be able to request a full refund.

However, as is stated in the National Rail Conditions of Travel, "you are entitled to compensation if the delay was 60 minutes or longer, regardless of fault. Compensation is based on the delay in your arrival time at the destination station, as compared to the arrival time stated in the Published Timetable of the Day.” (Section 32.1). In this document it also states that the '“Published Timetable of the Day” means the schedule of services, including rail replacement services, applicable on the day you travel or plan to travel (different to May or December timetable). These changes will be published no later than 22:00 the day before travel and available at www.nationalrail.co.uk' (page 31). This document can be seen here: https://www.nationalrail.co.uk/National Rail Conditions of Travel.pdf.

As a result of this, as stated in my previous email, we unfortunately would not be able to offer delay repay compensation.

I apologise for any frustration and disappointment caused by this.
If you have any further queries, please do not hesitate to get back in contact with us”

Indeed, as @Watershed confirmed, it is indeed possible to rightfully gain any delay repay that you may be eligible for, despite the NRCoT purporting to limit when this applies using the published timetable of the day.

As @Watershed mentions, if you wish to see why indeed such an exclusion is illegal and unenforceable look through all of his previous posts, in the manner in which he explained. Everything he states is completely backed up by my own personal view and I’m sure others in the forum wound be willing to help anyone looking to receive their rightful entitlement to any compensation. Indeed I believe there are examples on this very forum of where posters have helped this to be achieved.

 

[WizCastro197]

I have received an email from Greater Anglia and they say I’m not entitled to compensation due to a planned amendment to the timetable. Am I definitely not entitled to compensation?

 

[Watershed]

I have received an email from Greater Anglia and they say I’m not entitled to compensation due to a planned amendment to the timetable. Am I definitely not entitled to compensation?

That's their position and they'll likely maintain it at the Ombudsman. But they are wrong in my view, and they will likely back down if you take it further, e.g. through Court. The question is whether you're willing to spend the time and effort to get to that stage...

 

[Haywain]

I have received an email from Greater Anglia and they say I’m not entitled to compensation due to a planned amendment to the timetable. Am I definitely not entitled to compensation?

You could point out to them that their Passengers Charter doesn't mention the published timetable of the day. Mind you, it also explains the Book with Confidence scheme...

 

[Southern Beau]

That's their position and they'll likely maintain it at the Ombudsman. But they are wrong in my view, and they will likely back down if you take it further, e.g. through Court. The question is whether you're willing to spend the time and effort to get to that stage...

@Watershed how did you manage to get your compensation when you were affected like this?

 

[Watershed]

@Watershed how did you manage to get your compensation when you were affected like this?

I took them to Court and they offered to pay as soon as they received the claim form.

Obviously there was a process before that (a complaint leading to a deadlock letter, followed by a Letter Before Claim) but it was only about 2 months in total between the date of the journey and me receiving payment.

It would have been less still if I'd not taken an extra 10 days or so to send them Detailed Particulars of Claim, which aren't strictly necessary - especially since the online Money Claims system was upgraded shortly after I submitted my claim, and now allows you to enter full details of the claim in the initial form.