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Author Topic: Compensation Advice?  (Read 7161 times)
BlondeAmbition
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« on: January 08, 2019, 11:29:52 am »

You all seem pretty clued up about the minefield that is 'GWR Compensation', so hoping someone can offer some advice on if my claim is worth pursuing? Undecided
I got the 8:30am train from Paddington to Bath on the 18/12..just outside of Chippenham, the train made an ominous sound as it drove over something,abruptly stopped, and stayed like that for the next 90 mins whilst they tried to fix the problem...
We were told the train hit an obstruction on the line that damaged the airlock..(fortunately we weren't sucked out into the void of space, just something boring to do with the brakes...), and had to wait for the onboard engineer to try fix, then for a mobile repair unit to come out to repair when unsuccessful.
The ticket cost £98.
I missed an important work pitch as a result.
I wanted a refund at the very least.
HOWEVER, GWR are saying that as it was an obstruction on the line, it is out of their control. Fair enough, although this was in the middle of open fields, so unless the local cows lobbed a shopping trolley on the line, it was either a chunk of a previous train, or something left from Network Rail work on the line.My argument was that whilst THAT wasn't their fault, getting the train repaired & mobile in a timely fashion was..plus I have no doubt that all subsequent delayed/cancelled trains were eligible for compensation, so why not mine?The cafe ran out of food and drink as people stocked up for the unknown delay, and the toilets all suffered as a result.Not the best journey..(although the view was at least kinda pretty, to be fair.) Do I have ANY rights? I know GWR don't have 'Delay/Repay', but being stuck for 115min seems pretty unreasonable. I'd be happy with a goodwill gesture at least, but just getting the standard dismissive reply.. Sad Help?
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ChrisB
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« Reply #1 on: January 08, 2019, 11:53:09 am »

Unfortunately, they're right - and neither would trains behind yours qualify for compensation - no one delayed by your train would receive it either.
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TaplowGreen
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« Reply #2 on: January 08, 2019, 12:20:39 pm »

Surely if the issue was caused by NR equipment left lying around or similar then compensation would be payable as the delay was caused by the railways?
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Fourbee
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« Reply #3 on: January 08, 2019, 01:06:30 pm »

The sooner Delay Repay comes in then whose fault it is wont matter of course!
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BlondeAmbition
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« Reply #4 on: January 08, 2019, 01:29:06 pm »

Ugh..I figured as much.. Sad I *have* asked them what the obstruction was (you like to think they would've found and moved it to avoid further problems), but they'll probably say 'an innocent tree branch' to avoid any paperwork..(despite it being in the middle of bloody open empty fields..) Guess it could've been worse,I could've missed a flight as a result and had to shell out a fortune for a later one..I imagine the Ombudsman will take the same opinion? Thanks everyone for your advice though!
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ChrisB
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« Reply #5 on: January 08, 2019, 02:04:12 pm »

Yep, that's what travel insurance would cover (and why it's still trecommended)
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Pb_devon
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« Reply #6 on: January 08, 2019, 02:07:22 pm »

Welcome to the forum, and as youíve already worked out, it is a great place for info and guidance.
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TaplowGreen
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« Reply #7 on: January 08, 2019, 02:36:13 pm »

Ugh..I figured as much.. Sad I *have* asked them what the obstruction was (you like to think they would've found and moved it to avoid further problems), but they'll probably say 'an innocent tree branch' to avoid any paperwork..(despite it being in the middle of bloody open empty fields..) Guess it could've been worse,I could've missed a flight as a result and had to shell out a fortune for a later one..I imagine the Ombudsman will take the same opinion? Thanks everyone for your advice though!


Quote the Consumer Rights Act at GWR, since it's introduction it gives the Railways a much smaller hiding place.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-travel-amendments
« Last Edit: January 08, 2019, 02:42:09 pm by TaplowGreen » Logged
BlondeAmbition
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« Reply #8 on: January 08, 2019, 03:26:01 pm »

Ha! KNEW there'd be some sort of magic phrase to get them to take me seriously..And way better than my Plan B, which was 'cry until they relent'. Smiley
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ChrisB
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« Reply #9 on: January 08, 2019, 03:40:02 pm »

Doesn't that Act cover consequential loss? So, physical cash expenditure?
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bignosemac
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« Reply #10 on: January 08, 2019, 04:03:43 pm »

Don't just mention the Consumer Rights Act in isolation. Get GWR to be specific as to object that caused the air system to fail on the train.

There have been a few incidents with the new Intercity Express trains' braking systems being knocked out of action by relatively small objects. In one case it was just a piece of ballast stone.

It's perfectly possible that GWR are denying compensation when the fault really lies in the robustness of their trains.
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BlondeAmbition
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« Reply #11 on: January 08, 2019, 04:10:51 pm »

Good plan..anything not big enough to see and brake to avoid, shouldn't cause your train to fall to pieces. We wouldn't be having this argument if it had been a cow.. (they're just VERY good at avoiding paying out..I just have to amp up my 'Annoying' levels clearly. Smiley
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Timmer
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« Reply #12 on: January 08, 2019, 05:43:17 pm »

Welcome to the forum BlondeAmbition.

Many of us here are very annoyed and frustrated that GWR have dragged their heals on implementing Delay Repay which is operated by most train companies. Even more annoying is Dft have allowed GWR to get away with not implementing delay repay. Canít think why  Roll Eyes

I hope you are able to get compensation for you delay somehow.
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BlondeAmbition
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« Reply #13 on: January 08, 2019, 06:23:41 pm »

Thanks for having me! This forum is such a great place to access the 'We-Hate-GWR' Hive Mind and get informed advice..Smiley Whilst I doubt I'll get them to refund my ticket, I'll take great delight in keeping them busy with my endless pestering.Just hate the fact that short of a VERY long and sweaty run, they hold the monopoly on that particular route..so it's not like I can defect to another service provider in protest.Grr.
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bignosemac
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« Reply #14 on: January 08, 2019, 06:44:13 pm »

Thanks for having me! This forum is such a great place to access the 'We-Hate-GWR' Hive Mind...

It's more nuanced than that here. Honest. More of a love/hate relationship for some of us!  Wink

I'm sure you'd agree that the vast majority of the GWR trains you catch don't come grinding to a halt for nearly 2 hours. If they do then you are very unlucky!

Little comfort for your current woes but 'Delay Repay' (which has no 'circumstances beyond our control' clause) is coming to GWR later in the year.

I'm not commtting to saying which year though...
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