NSEFAN
Established Member
I recently had a delay repay claim to GWR rejected. The cause of the delay was extremely poor adhesion from my starting point of Newbury, causing me to miss a connecting train at Reading.
GWR have rejected my claim because:
However, according to the GWR Compensation for Delays form, this is not the case:
I would argue that poor adhesion due to leaves is inside the industry's control, given the use of MPV water cannon trains to clear the leaf mulch off the railheads. This of course is not Network Rail's responsibility and not GWR's, however the wording is "industry control", so arguing about TOC vs NR isn't relevant for the purposes of delay repay. I can't see any other information about this on the GWR site. Can anyone here clarify if my claim is in fact valid or not?
GWR have rejected my claim because:
GWR Customer Services said:"The delay to your journey was caused by leafs on the track which is outside if our control. This causes the tracks to become slippery and so the train can not operate until the tracks clear."
However, according to the GWR Compensation for Delays form, this is not the case:
GWR Compensation for Delays said:The arrangements for compensation do not apply for certain delays which are outside the control of the rail industry. These include trespass, vandalism, security alerts and severe weather conditions.
I would argue that poor adhesion due to leaves is inside the industry's control, given the use of MPV water cannon trains to clear the leaf mulch off the railheads. This of course is not Network Rail's responsibility and not GWR's, however the wording is "industry control", so arguing about TOC vs NR isn't relevant for the purposes of delay repay. I can't see any other information about this on the GWR site. Can anyone here clarify if my claim is in fact valid or not?