For a UK rail delay, which train company do you claim compensation from?

For a UK rail delay, which train company do you claim compensation from? - Historical train on railway in outdoor museum

For those who don't know, the UK rail network was largely privatised in the 1990s. Whether or not rail privatisation is a good thing is still very much up for debate, but even most pro-privatisation people feel the way it was done wasn't the right way! One upshot is that most non-trivial journeys will involve travel on trains operated by more than one train company.

Let's consider a hypothetical journey, A to D with a change of trains at C. The A-C journey is to be operated by TrainCoA, C-D by TrainCoB. Unfortunately, the A-C train is cancelled, so you end up getting a later train A-B, another B-C, and then a later train than you'd planned C-D. Oh, and then the C-D train you eventually caught was very late too. Everything was bought on a single ticket.

In this situation, which train company do claim compensation from? TrainCoA, as their initial cancellation was your first delay? TrainCoB, as their C-D delay was the largest delay on your journey? TrainCoC, who ran the A-B journey that you got instead, as they were the first company who's trains you managed to take? Or can you take advantage of the privatised nature of the system, review the compensation policies of all three train operating companies, and apply for compensation from whichever company has the most generous compensation for your sequence of delays? (Many of the companies have different minimum delays before compensation is due, and different exclusions on what their delay compensation covers....)



Best Answer

I cannot find a definitive answer, but the National Rail Conditions of Carriage are supposed to cover this. They say:

Where delays, cancellations or poor service arise for reasons within the control of a Train Company or Rail Service Company, you are entitled to compensation in accordance with the arrangements set out in that Train Company’s Passenger’s Charter. This can be obtained from the relevant Train Company’s ticket offices, customer relations office and internet sales site.

I read that to say that it's the company(ies) that were due to operate the train you were originally planning to get - in this case, A-C. I suspect you certainly have no claim against the C-D company. However, the usual law in the UK would, I think (IANAL), imply it's the company you bought the ticket from, as they are the one you have a contract with. That's certainly where I would start.

Another option is to contact your local Citizens' Advice Bureau. They are normally helpful, and have an advice page here, but it doesn't directly address this situation.




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How do I get compensation for a delayed train?

Claiming Compensation for delaysMost claims can be made online with an uploaded image of your ticket, or by obtaining a form from a staffed station, enclosing the ticket and posting it back to the operator.

Can I claim compensation for missed train connection?

The train operator that cause your initial delay are responsible for ensuring you are compensated. The compensation due will be assessed on a case by case basis according to each train operators passenger charter.

Who is responsible for train late?

The Supreme Court has held that the railways will have to cough up and pay passengers compensation for deficiency of service for late running of trains if they cannot establish or prove that the delay occurred due to reasons beyond its control. \u201cThese are the days of competition and accountability.



Train delays: what compensation can I claim?




More answers regarding for a UK rail delay, which train company do you claim compensation from?

Answer 2

It seems not to matter who you claim compensation from: there seem to be rules governing which company is held responsible for any individual passenger's delay and, if you claim from the wrong company, they'll pass your claim on to the right one.

At least, that's what I infer from a situation in which, anticipating delays, I took an earlier Northern Rail train than I'd planned, which was indeed delayed. I made my the connection to the Cross Country train on which I had a reserved seat and then that train was delayed even more. I claimed from Cross Country and they passed my claim on to Northern, who compensated me.

Answer 3

According to National Rail, you need to claim from the company you bought your ticket from:

Refunds - General questions

4. How do I get my refund?

To receive a refund you must claim from where you bought your ticket. Your claim will be considered without undue delay and any compensation due will be paid within 14 days of your claim being agreed by the retailer.

5. How will I receive my refund?

You will receive your refund by the same method that you used to pay for the ticket, unless you agree to a different method of repayment. The retailer will pay the refund amount without deducting any administration fee.

Answer 4

I am aware of a UK website called Train Refunds (although have never used it).

TrainRefunds is a completely free service for commuters who are tired of poor performance and late running trains. There aim is to bring commuters together to make sure that you get the refunds that you are entitled to.

Their service lets users enter details of delays that can be claimed for. Every user has access to that information (every delay entered on every route) to make sure that everyone gets to claim.

They provide:

  • Details of the train operating companies including their addresses, contact numbers and refund policies so that you know what you are entitled to.
  • Access to be able to enter delays and see the delays that other users have registered.
  • An email at the end of each week listing all delays on your route so you can make sure that you get to claim. You can stop the weekly email if you wish.

More info can be found here:

http://www.trainrefunds.co.uk/

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