firsttraveller
Member
- Joined
- 4 Feb 2019
- Messages
- 12
Had a nightmare of a journey the other week which was well over an hour delayed - the first train was cancelled and the next severely delayed (knock on effect). We were told nothing more than the first train had a fault on it so couldn’t run.
Submitted delay repay for it, and it’s been rejected. They said the train hit a deer causing the fault so it was out of their control. There are a few references online mentioning that hitting birds etc would be outside of the TOCs control, but for large animals, this is within their control as there should be sufficient fencing to keep them off the line, but nothing official I could quote.
I’ve replied stating this reason but I have been rejected again saying because it is a “wild animal” and this was a root cause of all the issues that day, it’s not their fault.
Am I correct or are they? If so, is there any guidance anywhere for what TOCs can use as “out of their control” that I can quote if I escalate?
The TOC is Chiltern if that makes a difference.
I would normally be willing to let it go, but it completely ruined my Friday night plans.
Submitted delay repay for it, and it’s been rejected. They said the train hit a deer causing the fault so it was out of their control. There are a few references online mentioning that hitting birds etc would be outside of the TOCs control, but for large animals, this is within their control as there should be sufficient fencing to keep them off the line, but nothing official I could quote.
I’ve replied stating this reason but I have been rejected again saying because it is a “wild animal” and this was a root cause of all the issues that day, it’s not their fault.
Am I correct or are they? If so, is there any guidance anywhere for what TOCs can use as “out of their control” that I can quote if I escalate?
The TOC is Chiltern if that makes a difference.
I would normally be willing to let it go, but it completely ruined my Friday night plans.