Delay Repay claim refused after service reinstated (Cross Country)

[gpmartin]

Yesterday I travelled from Burton to Euston via Birmingham New Street (split tickets, observing the minimum connection time at BHM). I planned to travel on the 13:51 from Burton, but saw that the train was cancelled (National Rail, the XC app and the XC website all confirmed this). I therefore travelled on the 14:51, arriving EUS 62 minutes later than planned, and submitted a Delay Repay claim to Cross Country. It has been rejected on the basis that the 13:51 left on time.

Having checked Realtime Trains, it does indeed appear to have run after all (though even as I awaited the 14:51 train, the app was still telling me the 13:51 had been cancelled!). I've appealed the rejection and I have screenshots of the app and website showing the cancellation.

In your view, should the appeal succeed? Or should I have got to BUT at 13:51 on the offchance that the train would run after all?

 

[Watershed]

I think once a train is shown as cancelled, you cannot reasonably be expected to check again (potentially multiple times) before the departure time to see if it has been reinstated. Accordingly I would suggest your appeal should be allowed.

 

[furlong]

Please would you share your screenshots?

It is showing as cancelled from Birmingham (no driver available, updated 14:18).

Nottingham to Cardiff Central on 27/04/2025 | Train Timetable

 

[Lemmy99uk]

Were you at the station to avail yourself of any alternative transport offered?

 

[furlong]

If the train was advertised as not running and you can show you followed whatever advice was provided accompanying that information from that same information source at that same time (e.g. an alternative service to catch if no specific message was given) then it seems reasonable to expect this to be covered by Delay Repay. Basically the rail industry caused your journey to be delayed by only telling you the service was cancelled rather than a truth that was clearly more nuanced.

 

[Bletchleyite]

Were you at the station to avail yourself of any alternative transport offered?

I don't think it's reasonable to expect people to go to a station and potentially sit there for an hour unless they have been informed in advance of alternative transport.

 

[gpmartin]

I think once a train is shown as cancelled, you cannot reasonably be expected to check again (potentially multiple times) before the departure time to see if it has been reinstated. Accordingly I would suggest your appeal should be allowed.

Thanks - we shall see!

Please would you share your screenshots?

It is showing as cancelled from Birmingham (no driver available, updated 14:18).

Nottingham to Cardiff Central on 27/04/2025 | Train Timetable

The one from the website is attached.

Were you at the station to avail yourself of any alternative transport offered?

I was not. I followed the advice on the website indicating that I could take the next train instead.

 

[Trainman40083]

I guess with some systems, if a train is part cancelled, it causes uncertainty. That is why I use Realtime trains, so you can also see if a replacement train runs... Often a 1Z** working.

 

[Tevion539]

I guess with some systems, if a train is part cancelled, it causes uncertainty. That is why I use Realtime trains, so you can also see if a replacement train runs... Often a 1Z** working.

A person shouldn’t be expected to know about real time trains, let alone to use it.

Now, I would argue if they were at the station they could’ve checked the passenger information displays. But, that’s assuming they were at the station already.

 

[Trainman40083]

You are ri

A person shouldn’t be expected to know about real time trains, let alone to use it.

Now, I would argue if they were at the station they could’ve checked the passenger information displays. But, that’s assuming they were at the station already

You are right, they shouldn't. They will most likely have decided before they left home.

 

[gpmartin]

Update: they have rejected my appeal, and passed my claim on to West Midlands Trains (I have no idea why). I've used the online complaints form to try to speak further, uploading evidence of the fact that they advised me the train had been cancelled. I'll let you know what happens!

 

[gpmartin]

To close the loop on this: Customer Services exceeded my expectations, got back to me very quickly requesting copies of the tickets, and without quibble have confirmed that they will pay Delay Repay to the full value of both tickets.

 

[LA50041]

To close the loop on this: Customer Services exceeded my expectations, got back to me very quickly requesting copies of the tickets, and without quibble have confirmed that they will pay Delay Repay to the full value of both tickets.

Common sense at last! Glad this worked out, but it’s a shame they didn’t deal with it right first time

 

[Hadders]

That's a good outcome, thanks for updating us.

 

[TheTallOne]

I had an issue the other week. WM Trains app was suggesting my train was cancelled.

The summary screen showing all the different trains didn't say it was cancelled, but when I clicked into live times, for my train, it said at the top: "Cancelled. Due to congestion"

I guess it should have said part cancelled, but it just said cancelled.