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Overcrowding at St Pancras 14/01/24 so could not catch booked train

RCornwell

New Member
Joined
27 Jan 2024
Messages
4
Location
Durham
On Sunday 14 January 2024 my partner and I had super off-peak tickets from London St Pancras International to Durham, and were booked on the 16:02 to change at Derby to catch a Cross-Country service at 17:45 to arrive at Durham at 20:14. the reason we were booked on this route is that Kings Cross Station was closed that weekend.
With about 15 minutes to go before the train was due to leave we went to the upper level where we discovered an enormous queue. At 15:50 I received a text from LNER (from whom I had bought the tickets) reminding me of the seat reservations and saying that the train was leaving at 16:02. I told the staff that we had reserved seats on this train but they would not let us pass so we missed the train. We eventually got to Durham at 00:08, having taken a series of trains. This journey included being prevented from catching a Cross-Country train in Sheffield because that too was so packed no more passengers could get on.

My Delay-Repay claim to East Midlands Railway was refused almost immediately and my appeal has just been turned down. I understand the EMR train we hoped to catch was 4 minutes late into Derby but we weren't on it due to the staff at St Pancras stopping us from boarding. I understand that St Pancras is owned by HS1 Limited and managed by Network Rail. Having been delayed by very nearly 4 hours I feel I should be refunded our fares. But what do I do now?
 
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Bluejays

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Joined
19 Sep 2017
Messages
478
On Sunday 14 January 2024 my partner and I had super off-peak tickets from London St Pancras International to Durham, and were booked on the 16:02 to change at Derby to catch a Cross-Country service at 17:45 to arrive at Durham at 20:14. the reason we were booked on this route is that Kings Cross Station was closed that weekend.
With about 15 minutes to go before the train was due to leave we went to the upper level where we discovered an enormous queue. At 15:50 I received a text from LNER (from whom I had bought the tickets) reminding me of the seat reservations and saying that the train was leaving at 16:02. I told the staff that we had reserved seats on this train but they would not let us pass so we missed the train. We eventually got to Durham at 00:08, having taken a series of trains. This journey included being prevented from catching a Cross-Country train in Sheffield because that too was so packed no more passengers could get on.

My Delay-Repay claim to East Midlands Railway was refused almost immediately and my appeal has just been turned down. I understand the EMR train we hoped to catch was 4 minutes late into Derby but we weren't on it due to the staff at St Pancras stopping us from boarding. I understand that St Pancras is owned by HS1 Limited and managed by Network Rail. Having been delayed by very nearly 4 hours I feel I should be refunded our fares. But what do I do now?
I'd just resubmit the appeal, with a clear explanation that you were at the station in time and were denied boarding.
 

RCornwell

New Member
Joined
27 Jan 2024
Messages
4
Location
Durham
I'd just resubmit the appeal, with a clear explanation that you were at the station in time and were denied boarding.
Thanks for the advice. However, my appeal text said precisely that. Also, the status is now Rejected - already appealed so I can't appeal again.

You could refer to the ombudsman ?
Thanks also. Do you (or anybody) know the link?
 

yorksrob

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Joined
6 Aug 2009
Messages
39,046
Location
Yorks
Thanks for the advice. However, my appeal text said precisely that. Also, the status is now Rejected - already appealed so I can't appeal again.


Thanks also. Do you (or anybody) know the link?

 

Fawkes Cat

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Joined
8 May 2017
Messages
2,996
My Delay-Repay claim to East Midlands Railway was refused almost immediately and my appeal has just been turned down

the status is now Rejected - already appealed so I can't appeal again.
I think - but others may advise better - that you should now raise a complaint with EMR, complaining that your Delay Repay claim has been incorrectly rejected at appeal. They might have a 'complaint' button on their website: if not, write or email with the word 'COMPLAINT' as prominent as you can make it.
 

AlterEgo

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Advice to use the Ombudsman is premature. You only have the right to bring a case to the Ombudsman once 40 working days have passed with no resolution or the company has issued a deadlock letter. Neither of these apply.

@Fawkes Cat has given the best practical advice.
 

RCornwell

New Member
Joined
27 Jan 2024
Messages
4
Location
Durham
I think - but others may advise better - that you should now raise a complaint with EMR, complaining that your Delay Repay claim has been incorrectly rejected at appeal. They might have a 'complaint' button on their website: if not, write or email with the word 'COMPLAINT' as prominent as you can make it.
I have raised a query with the Ombudsman, because it occurs to me that the staff at St Pancras may work for Network Rail. I'll await their response before proceeding.
 

WesternLancer

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12 Apr 2019
Messages
7,191
I have raised a query with the Ombudsman, because it occurs to me that the staff at St Pancras may work for Network Rail. I'll await their response before proceeding.
The staff on the gatelines at the EMR platforms are EMR staff AFAIK. Unless other staff before you got to them prevented you getting to the gateline. I don't think I've ever seen Network rail staff at St P, the staff theer seem to wear branding realting to St Pancras station, unless they work for one of the St P train operators.

I'd write to complain to EMR customer Services, make it clear of your intention to go to the Ombudsman if the matter is not resolved within a reasonable time frame.
 

yorksrob

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6 Aug 2009
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Yorks
Advice to use the Ombudsman is premature. You only have the right to bring a case to the Ombudsman once 40 working days have passed with no resolution or the company has issued a deadlock letter. Neither of these apply.

@Fawkes Cat has given the best practical advice.

That's interesting. Other ombudsman services don't have the time limit.
 

Watershed

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The staff on the gatelines at the EMR platforms are EMR staff AFAIK. Unless other staff before you got to them prevented you getting to the gateline. I don't think I've ever seen Network rail staff at St P, the staff theer seem to wear branding realting to St Pancras station, unless they work for one of the St P train operators.

I'd write to complain to EMR customer Services, make it clear of your intention to go to the Ombudsman if the matter is not resolved within a reasonable time frame.
From a legal perspective it's irrelevant who the staff that prevented the OP from boarding were employed by; as far as the OP is concerned, they acted as agents of EMR and therefore EMR are liable for their actions. That includes having to pay Delay Repay.

If payment isn't forthcoming when the OP's complaint is dealt with, the Ombudsman is one option but I am afraid we do not have anything good to say about it on this forum.
 

WesternLancer

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12 Apr 2019
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7,191
From a legal perspective it's irrelevant who the staff that prevented the OP from boarding were employed by; as far as the OP is concerned, they acted as agents of EMR and therefore EMR are liable for their actions. That includes having to pay Delay Repay.

If payment isn't forthcoming when the OP's complaint is dealt with, the Ombudsman is one option but I am afraid we do not have anything good to say about it on this forum.
Thanks - point well made about the staff.
 

AlterEgo

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That's interesting. Other ombudsman services don't have the time limit.
Yes they do. 40 days/8 weeks, or receiving a deadlock letter, is the norm in Britain. The ombudsman is there to step in and mediate after you have exhausted your options with the company first; it is not a regulator.
 

RCornwell

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27 Jan 2024
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4
Location
Durham
After my complaint to EMR Customer Services I have now been told they are sending a full refund, though the money has yet to hit my account.
 

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