Delay repay on EMR if a train is cancelled

[SirAlf]

Can somebody please advise? I booked a return journey from Nottingham to London Kings Cross with a change at Grantham. This journey was booked through RailEasy on 20/07 for travel on 01/08. On 29/07 RailEasy emailed to say that the intended connection from Grantham to Nottingham had been cancelled by EMR.

RailEasy said: “You may be eligible for compensation for the delay to your journey depending on how late you arrive at your destination. The train operating company responsible for the delay to your inbound journey is East Midlands Railway”

I had to catch a train that got me into Nottingham 51 minutes later than planned, so I submitted a delay repay claim to EMR

EMR have got back to me and amongst the other standard stuff in their email they have said: “Unfortunately this does mean that customers are unable to apply for Delay Repay if the service is cancelled.”

From what I've read on here this is not correct – I booked the train in good faith and it was cancelled after I’d booked. Presumably it was in the timetable when I booked otherwise RailEasy wouldn't have sold me the ticket

I'd like some advice on what to do next. Are EMR correct in what they say? As I'm fairly sure they aren't what should I do next? Its not a large amount but there's a principle involved

Thank you all in advance

 

[Bletchleyite]

Delay Repay is due against your booked itinerary. EMR are wrong.

 

[skyhigh]

EMR have got back to me and amongst the other standard stuff in their email they have said: “Unfortunately this does mean that customers are unable to apply for Delay Repay if the service is cancelled.”

That is incorrect. If your train is cancelled and you take the next available service, you are entitled to the appropriate level of delay repay. If you choose to abandon the journey, you are entitled to a full fee-free refund but you're not entitled to delay repay.

I'd follow the process outlined in their email to appeal, making it clear that you were delayed x minutes against what you'd been told when you'd booked.

 

[SteveM70]

It sounds like EMR have rejected your claim because the train was cancelled at least two days prior to the day of travel (that’s based on the date you say you were told), and the machine/human processing your claim isn’t programmed/hasn’t noticed that you bought your ticket before the cancellation was announced.

EMR are wrong - as others have said your claim is valid. You’ll need to appeal it and if there’s any free text space in the appeal (I don’t know what the EMR process is like) make clear the date you bought your ticket was before the date the train was announced as having been cancelled

 

[STINT47]

I had a similar issue with a train being cancelled after I booked and I arrived home an hour late. EMR advised that it wasn't a cancellation but a pre planned removal from the timetable so delay repay is not available.

You have to wonder what the timescale is for it being pre planned removal or a cancellation? They could remove a train an hour before it runs then reject people's claims, which would be a bit harsh.

I hope your appeal works but I hit a brick wall when I complained and in the end gave up as it was a lot of hassle for a small amount.

 

[Watershed]

I had a similar issue with a train being cancelled after I booked and I arrived home an hour late. EMR advised that it wasn't a cancellation but a pre planned removal from the timetable so delay repay is not available.

You have to wonder what the timescale is for it being pre planned removal or a cancellation? They could remove a train an hour before it runs then reject people's claims, which would be a bit harsh.

I hope your appeal works but I hit a brick wall when I complained and in the end gave up as it was a lot of hassle for a small amount.

In their Passenger's Charter, they purport to exclude liability for Delay Repay in situations where there is an altered timetable in place. Whether that actually has the effect they intend (e.g. whether it is legally enforceable) is another question.

If you suffer a delay of 60+ minutes, under the National Rail Conditions of Travel (NRCoT) you are entitled to compensation regardless of the circumstances (e.g. whether they have changed the timetable after booking).

You'll only get 50% of the relevant portion of your ticket and the 60+ minute delay threshold is higher than the 15/30+ threshold under Delay Repay schemes, but this is the bare minimum that operators can provide. Operators shouldn't be rejecting claims where this applies - they should, at the very least, be paying 50% compensation.

 

[SirAlf]

A belated thank you for everyone who gave me advice. I've appealed the EMR decision as you all suggested and I'll let you know their response when it arrives