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National Express Assistance Failure: Solution?

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gray1404

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I recently travelled Liverpool - London - Canterbury and Canterbury - London - Liverpool with National Express. I booked assistance in the form of reserved seat 1B (assess seat) on each of the 4 coaches plus connection assistance on the outward journey as it was a tight connection. This was agreed with NX by phone.

The reserved seat was only provided on 1 of the 4 coaches travelled on. The agreed connection assistance was not provided either.

I am about to complain to NX. What would be a a suitable resolution? A refund of the price I paid, a free journey voucher or compensation?

Does the above constitute a failure to make a reasonable adjustment for a disabled person?

Thoughts? Thank you guys!
 
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jammy36

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I recently travelled Liverpool - London - Canterbury and Canterbury - London - Liverpool with National Express. I booked assistance in the form of reserved seat 1B (assess seat) on each of the 4 coaches plus connection assistance on the outward journey as it was a tight connection. This was agreed with NX by phone.

The reserved seat was only provided on 1 of the 4 coaches travelled on. The agreed connection assistance was not provided either.

I am about to complain to NX. What would be a a suitable resolution? A refund of the price I paid, a free journey voucher or compensation?

Does the above constitute a failure to make a reasonable adjustment for a disabled person?

Thoughts? Thank you guys!

I appreciate that your experience must have been very frustrating, especially as you had done everything you could by making arrangements in advance, including by confirming arrangements by phone.

In terms of resolution only you can answer what you would find acceptable, but you need to be realistic in any expectations.

I am assuming from your description that you made all the planned journeys, therefore talk of 'compensation' seems unrealistic - what 'financial loss' have you suffered if you completed your expected journey? Again, in terms of refund or free journeys I think this isn't realistic if you've used the tickets you paid for. If you paid extra for reservations, then there might be argument that these should be refunded.

The reasonable adjustment angle I think is a red herring. They have made reasonable adjustments, but we must accept that sometimes things can go wrong for reasons beyond NatEx (or anyone else's) control. You would have a case if they refused to make any reasonable adjustments in the first place, but this isn't the case here. Again, as you were able to make the journey I think it would be hard to argue that you were placed at a substantial disadvantage.

I think you should complain and make NatEx aware of these failings, but should be satisfied with a proper apology and that if any goodwill offer is made consider that a good outcome.

If course, if this isn't a one off and there are consistent and persistent failures, then that would be different.
 

gray1404

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There does not need to be a financial loss per se for compensation to be awarded. Also it cannot be said that National Express did make a reasonable adjustment by virtue of the fact that they did not provide the address they had agreed to. So therefore would argue that on this occasion they did not make any adjustments under the equalities act by virtual failing to deliver what they agreed to.

I should make a formal complaint and see what they come back with. Needless to say it was an extremely stressful journey to embark on its and only discover on route that the adjustments had not been made.
 

dan5324

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You wouldn’t get a refund. It would be a free journey of your choice. Using the Francis card scheme.
 

richw

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What assistance were you expecting other than the front row seat?
Was the seat reservation shown on your ticket(s)?
1A and 1B seats are not for public use on most contractor workings under current national express protocol,
 

yorkie

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Does the above constitute a failure to make a reasonable adjustment for a disabled person?
I don't think we have enough information to answer that; we don't know the nature of the disability, what alternative provision was actually provided, what hardship this caused for the person, and so on.

Were any connections missed? Did the alternative seating provided cause discomfort or injury?
 

sonic2009

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1A
What assistance were you expecting other than the front row seat?
Was the seat reservation shown on your ticket(s)?
1A and 1B seats are not for public use on most contractor workings under current national express protocol,
1A & 1B are the Disabled seats and isn't there the single seat in front?
 

richw

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1A

1A & 1B are the Disabled seats and isn't there the single seat in front?
1A and 1B are the removable seats that come out for a wheelchair user, so they don’t reserve them except for a wheelchair
 

Smethwickian

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You need to lodge your complaint so that it can be investigated.

The cause could be a technical failure (drivers notes made by the assisted travel team not saving down or showing on the driver chart); operator failure (vehicle substitution at last minute with reservations not labelled); driver error (failed or couldn't be bothered to label seats); dupe vehicle syndrome (where drivers rarely bother to co-ordinate which vehicle will have reservations, or bother to ensure passengers are boarded appropriately, where there's more than one coach); or assisted travel team error (wrong details entered or not done in time for journeey).

You might get a partial refund, you might get vouchers. But if you don't complain you won't get anything.

One important thing to note is that, judging by your journey, outward connection assistance would have been at London Victoria Coach Station? Connection assistance is provided there by Transport for London and while NX can request a booking on your behalf, it's then up to TfL.

Could you explain what the "Francis card scheme" is?
First contact customer resolution (no, it doesn't spell Francis but I've no idea why). Cards that can be handed out by drivers or coach station staff in the event of major delay/cancellation bearing the relevant incident number from NX's operation control system. They give a text number and invite customers to text the iincident number with their ticket number to get a voucher code texted back for 25/50/100% off their next trip (the amount having been decided by network controllers or other manager and noted on the incident log).
 
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gray1404

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I have submitted the feedback to National Express. I described it just as that feedback. I stated in factual terms what was agreed and what happened on the day. In other words what did not materialize. I did not suggest a resolution to them but I said that I would like them to look into the matter and come back to me with a resolution. So I have thrown the ball in their court and we'll see what they come back with.

To answer some of the questions that were asked, the seat reservations when not printed on the tickets but they were confirmed in a follow-up email sent by the assisted travel team. No connections were missed. The impact of the seats not being reserved was the initial distress upon discovering they were not reserved and then having to be in the crowd finding your regular seats which of course caused some stress and anxiety.

I have been very honest about all of the above though in my feedback to National Express. Being careful to stay factually and honestly what happened and simply that it caused stress and anxiety. In other words I have not overstated and just been truthful with them. So I will see what they come back with anyway.

Also in terms of the connection assistance I was advised that as I was arriving in London Victoria late at night this could be provided by national express themselves directly as TFL only provides it until a certain time.
 
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