Possible incorrect Delay Repay assessment

[mm333]

I travelled from Saunderton to Shipley on a Sunday with a Super Off-Peak single.

I bought the ticket from LNER app that morning and was planning on going via Marylebone, Kings Cross and Leeds.

But just before I travelled, I checked online and LNER had issued a do not travel warning due to OHLE issues between Peterborough and Grantham.

So instead I thought it best to travel via Birmingham Moor Street and New Street. But then the XC service to Leeds was delayed so I missed the Leeds-Shipley service my replanned itinerary was due to use. Then the next Leeds-Shipley service was cancelled

In the end I got to Shipley 1hr 49 mins after I would have done if I’d been able to go via the ECML.

I applied to LNER - as it was on their advice that I took a different route - and they refused my claim and transferred the claim to Northern.

I got an email from Northern to say that they were just treating it as 30-59 minute delay on the Leeds-Shipley leg.

Today I got an email:

“We are really sorry but we have been unable to process your claim because the journey you are claiming for doesn't match the ticket you have provided us. This maybe because you’re attempting to claim for the delay on just the Northern leg of your journey.”

Was I right to originally send the claim to LNER as it was based on their travel advice? Is it to LNER I need to appeal?

Thanks.

 

[thejuggler]

As the XC service resulted in the first delay that is the TOC you claim from. If XC had been on time you wouldn't have missed the first Shipley service, the subsequent cancellation of the Shipley service merely makes it more expensive for XC.

 

[mm333]

Thank you for that. I was thinking that my first delay was LNER telling me not to travel.

 

[30907]

LNER have form in referring matters to Northern IME

It is a moot point who caused your delay - I assume some of it was down to LNER's advice, and had you travelled via London instead of via Birmingham it would have been straightforward.

What would the delay caused by XC+NT have been if your booked route had been the one you used? 60min? Or rather more?
And what would a hypothetical journey via LNER have worked out as?

Depending on your answer to that, I would be inclined to go back to LNER and point out that Northern only ran the last train you used.
(And if the appeal doesn't work, try customer services.)

 

[Watershed]

And what would a hypothetical journey via LNER have worked out as?

This is certainly a consideration worth bearing in mind, although ultimately, since LNER advised against travel, I struggle to see how they could fail to be liable for a journey that was delayed as a result.

Sadly, the railway has a habit of sending passengers from pillar to post rather than one company paying up and pursuinig things internally. There's a very narrow-minded focus on KPIs that encourage closing down tickets as quickly as possible - even if that means closing cases that haven't even had a response! There is nobody with the requisite interest or authority to encourage the industry to change its practices to become more customer-centric.

 

[JBuchananGB]

You should make the claim based on what actually happened. What was your intended itinerary when you left Saunderton? What actually happened? Which train was late causing you to miss an expected connection? What time did you arrive versus the expected time on the intended itinerary?
You can't claim based on a hypothetical itinerary which you didn't even commence.

 

[AlterEgo]

This is certainly a consideration worth bearing in mind, although ultimately, since LNER advised against travel, I struggle to see how they could fail to be liable for a journey that was delayed as a result.

That doesn't exempt them from liability. If they bought the ticket and intended to go via London and LNER, I don't see why they shouldn't claim from them.

LNER caused the original delay.

 

[mm333]

Resolved ✅ I emailed LNER to say that Northern turned down my claim and I was re-opening my case with them. LNER have now granted my delay repay in full.