• Our booking engine at tickets.railforums.co.uk (powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Claiming Compensation from GWR

Sheenah

New Member
Joined
22 Apr 2024
Messages
3
Location
Reading
Dear all, I would greatly appreciate advice. I was travelling from Reading to Gatwick on the 17.20 service on 28th March in order to get a connection to Eastbourne. GWR terminated the service at Shalford at approximately 18.17 on account of a tree blocking the line beyond it. Passengers were advised that a bus replacement service would be provided, to take us to our final destination. I waited nearly two hours. No bus turned up. I tried contacting GWR via the Info Point at the station. No one picked up.

Sometime after 20.00 I was able to get a lift to Guildford. I did not arrive in time to catch the 20.45 train to Gatwick. The next train was cancelled.

Given the amount of disruption caused to train services that evening by strong winds, I thought it wise to not rely on GWR getting me to Gatwick that evening, so found my own way to Wimbledon, where I stayed overnight, and travelled on to Eastbourne the next day.

GWR are not accepting responsibility for how they handled the situation at Shalford nor are they willing to pay compensation for the costs I incurred as a result of not being given any guarantee that they would get me to Gatwick that evening in time to get a connection to Eastbourne.

They are arguing their case by referring to historical data - proof that certain trains did run.

On the actual day, they were not guaranteeing that they would.

I sincerely believe that how GWR handled the situation at Shalford - falls far short of the minimum level of service once should expect of a train operator when one of its services runs into difficulty. And wish to continue pursuing my claim for compensation.

My question is: Should I refer my case to the Rail Ombudsman ?
 
Last edited:
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

AlterEgo

Veteran Member
Joined
30 Dec 2008
Messages
20,285
Location
No longer here
Dear all, I would greatly appreciate advice. I was travelling from Reading to Gatwick on the 17.20 service on 28th March in order to get a connection to Eastbourne. GWR terminated the service at Shalford at approximately 18.17 on account of a tree blocking the line beyond it. Passengers were advised that a bus replacement service would be provided, to take us to our final destination. I waited nearly two hours. No bus turned up. I tried contacting GWR via the Info Point at the station. No one picked up.

Sometime after 20.00 I was able to get a lift to Guildford. I did not arrive in time to catch the 20.45 train to Gatwick. The next train was cancelled.

Given the amount of disruption caused to train services that evening by strong winds, I thought it wise to not rely on GWR getting me to Gatwick that evening, so found my own way to Wimbledon, where I stayed overnight, and travelled on to Eastbourne the next day.
This seems very reasonable on your part and is probably what I would have done.


GWR are not accepting responsibility for how they handled the situation at Shalford on 29th March at 18.17; nor are they willing to pay compensation for the costs I incurred as a result of not being given any guarantee that they would get me to Gatwick that evening in time to get a connection to Eastbourne.

They are arguing their case by referring to historical data - proof that certain trains did run.

On the actual day, they were not guaranteeing that they would.

I sincerely believe that how GWR handled the situation at Shalford - falls far short of what is ex of a train operator when one of its services runs into difficulty. And wish to continue pursuing my claim for compensation.

My question is: Should I refer my case to the Rail Ombudsman ?
OK, so, firstly, have you received a deadlock letter from GWR? Could you post the copies of the correspondence with your details removed so we can read what they say in their defence?
 

Sheenah

New Member
Joined
22 Apr 2024
Messages
3
Location
Reading


Date: 17 April 2024 at 17:46:00 BST
To: GWR Feedback <[email protected]>
Subject: Re: Communication Related To GWR-CR-[redated]
Without Prejudice

Dear Sam,

Thank you for your swift reply.

I note that the train you refer to arrived at Shalford at 20.51.

That’s more than 2 and a half hours after leaving passengers on the 17.20 train from Reading at Shalford in very chilly conditions and nowhere warm to wait.


When we were left there, we were told that a bus replacement service would be provided to take us to our destination. It never arrived.

I was never told that a train would arrive at Shalford at 20.50

I’m in the middle of nowhere.

Sometime after 20.00, a kindly motorist offers me a lift to Guildford. I have to accept.


I do not arrive there in time to catch the 20.45


I decide to try getting to Clapham Junction in the hope of getting home from there. The first available train is the South western service at 21.04 I catch this. Its supposed to arrive at Clapham Junction at 21.58

I’ll have 3 mins in which to find and get to the platform from which the 22.01 Southern service to Eastbourne leaves. I wouldn’t make it.

This email proves to you that I did make every effort I could to get home to Eastbourne that evening.

And that my inability to do so rests entirely with GWR’s handling of the disruption to its 17.20 service from Reading to Gatwick Airport

Having received this additional information, I trust GWR will reconsider my claim.

And that I will hear from you again before the 10th May



On Wed, 17 Apr 2024 at 16:27, GWR Feedback <[email protected]> wrote:
GWR Logo
Freepost GWR Customer Support
www.gwr.com
Ref: GWR-CR-[redated]
Dear [redacted],
Thank you for your response, and for providing the additional information.
I have escalated your claim for consideration, and it has been determined that no compensation can be provided in this instance.
Upon investigation, we can see that a service from Reading to Gatwick Airport did operate later that evening; it left Reading at 19:55, reaching Gatwick Airport by 21:39. I have provided a link to a historical departure board named Timetable History, which shows the full timetable of this service, below:
http://timetablehistory.com/times.aspx?uid=L65628&date=20240328
Your Off-Peak Day Single ticket would have been valid for travel on this service.
Travel from Gatwick Airport Station to Eastbourne would then have been possible on the 21:58 Southern Rail service, reaching Eastbourne by 22:50:
http://timetablehistory.com/times.aspx?uid=P15147&date=20240328
This means that you were not necessarily stranded without the ability to complete your onward/ticketed journey that same day.
I understand that this is likely not the answer you were hoping to receive, and offer my apologies.
Thanks again for your contact.
Yours sincerely,
Sam
Customer Support Advisor
If you have an enquiry about our service, you may be able to find the information on our website. You'll find answers to the questions we are most asked on our FAQs page. For information about refunds on unused tickets, go to our Refunds page.
With the Office of Rail and Road (the industry regulator), we're conducting joint research into passenger satisfaction with complaints handling. This involves a short online survey about how your complaint was handled, sent to you by the independent research agency MEL Research. Please click
here if you don't wish to be contacted for this research.
ref:!00D3h02Ct4Q.!500Tw07Spi6:ref
From:
Date:
22 April 2024 at 12:29:08 BST
To: GWR Feedback <[email protected]>
Subject: Re: Communication Related To GWR-CR-[redacted]
Without Prejudice

Dear Sam,

Thank you for your swift reply. I appreciate the efforts you’re making.

I remain dissatisfied.

Please explain to me how GWRs failure to let its passengers left at Shalford at approximately 18.17 on 28th March that it was 1) not going to provide them with a bus replacement service (as we were initially informed it would) and 2) that a train would be arriving there around with 20.51 enables any passenger left there to know what services GWR would be running that night. We’re not mind readers.

As previously mentioned I did not get to Guildford in time to catch the 20.45 to Gatwick. Therefore I had no idea that one had gone.

What I’ve subsequently found out is that the next train due to go there was cancelled. Had I waited at Guildford in the hope that that train would run, imagine how I’d feel when it didn’t. Not confident that GWR would provide a service to Gatwick that night in time for me to get a connection to Eastbourne.

It seems to me that those higher up than you in GWR are hoping to brush under the carpet its failings to adequately look after its passengers left at Shalford on 28th March at approx 18.17 in the hope that it will quietly go away.

I am sorry to have to tell you that it will not.

I am prepared to give GWR one final chance to make good these failings by reimbursing the costs I incurred as a result of not being given adequate information about 1) the whereabouts of bus replacement service that it said would provide and b) train journeys that GWR were running that evening.

Failure to do so will result in me taking my case to the Rail Ombudsman, other public bodies and, possibly my solicitor.

Yours sincerely

[redacted]

On Mon, 22 Apr 2024 at 11:46, GWR Feedback <[email protected]> wrote:
GWR Logo
Freepost GWR Customer Support
www.gwr.com
Ref: GWR-CR-[redacted]
Dear Sheenah,
Thank you for your reply.
Upon receiving your further update on 17 April at 17:46, the case was escalated for review by a manager for a second time, in order to determine whether or not gesture-of-goodwill compensation would be a possibility.
Given the evidence that has been provided, and the investigation that has taken place, we are unable to provide compensation for the costs that you have listed. The reason for this remains the same as per my previous message on 17 April at 16:27 - there was a service in operation that would have enabled you to travel from Reading to Gatwick Airport that same evening, and then subsequently on from Gatwick Airport to Eastbourne. As a result, it has been determined that you were not stranded, and that the costs you incurred cannot be compensated for by Great Western Railway.
Once again, I understand that this is not the answer you were hoping to receive, and offer my apologies.
Thanks again for contacting Great Western Railway.
Yours sincerely,
Sam
Customer Support Advisor
If you have an enquiry about our service, you may be able to find the information on our website. You'll find answers to the questions we are most asked on our FAQs page. For information about refunds on unused tickets, go to our Refunds page.
With the Office of Rail and Road (the industry regulator), we're conducting joint research into passenger satisfaction with complaints handling. This involves a short online survey about how your complaint was handled, sent to you by the independent research agency MEL Research. Please click
here if you don't wish to be contacted for this research.
ref:!00D3h02Ct4Q.!500Tw07Spi6:ref
 

Snow1964

Established Member
Joined
7 Oct 2019
Messages
6,324
Location
West Wiltshire
If I am reading this correctly, GWR advised would be bus replacement, two hours later still hadn't turned up, help point was unanswered (and presumably train crew guard didn't make any attempt to ensure passengers were looked after and scarpered).

Then GWR did eventually provide a service nearly 3 hours later (but didn't communicate it to those waiting) and are using that as excuse not to pay.

I would go to deadlock, 2 hours without promised alternative service and no updated info, and dark and at night should be enough to imply find something safe for night.
 

Titfield

Established Member
Joined
26 Jun 2013
Messages
1,795
You can try the rail ombudsman but I have had a similar experience when, given the lack of certainty of the rail service / rail replacement bus turning up, I took matters into my own hands and got a lift.

All I got was delay repay compensation to the maximum value of my ticket because of the length of the delay.
 

AlterEgo

Veteran Member
Joined
30 Dec 2008
Messages
20,285
Location
No longer here
You can try the rail ombudsman but I have had a similar experience when, given the lack of certainty of the rail service / rail replacement bus turning up, I took matters into my own hands and got a lift.

All I got was delay repay compensation to the maximum value of my ticket because of the length of the delay.
There is no obligation to accept the ombudsman’s ruling. However going there first shows good faith if you then issue a letter before action for reimbursement of the losses.
 

Sheenah

New Member
Joined
22 Apr 2024
Messages
3
Location
Reading
Yes. They reimbursed the cost of my fare from Reading to Gatwick and asked me to submit a further claim for additional costs. This claim has twice been rejected. I want to take my case to the Rail Ombudsman on account of how GWR failed to adequately care for passengers left at Shalford on 28th March, when it terminated the 17.20 from Reading to Gatwick there, but GWR will not reply to my two requests for a Deadlock Letter. I understand that the Rail Ombudsman won’t consider my case unless it has the reference it contains. What can I do ?
 

Adam Williams

Established Member
Joined
2 Jan 2018
Messages
1,780
Location
Warks
Yes. They reimbursed the cost of my fare from Reading to Gatwick and asked me to submit a further claim for additional costs. This claim has twice been rejected. I want to take my case to the Rail Ombudsman on account of how GWR failed to adequately care for passengers left at Shalford on 28th March, when it terminated the 17.20 from Reading to Gatwick there, but GWR will not reply to my two requests for a Deadlock Letter. I understand that the Rail Ombudsman won’t consider my case unless it has the reference it contains. What can I do ?
You don't need a deadlock letter, you can also take a claim which has been unresolved for a certain period (40 working days comes to mind?) to the Ombudsman.

Fair warning though, they're likely to be useless. Still, I would go through the process anyway
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
6,613
Location
Merseyside
Yes. They reimbursed the cost of my fare from Reading to Gatwick and asked me to submit a further claim for additional costs. This claim has twice been rejected. I want to take my case to the Rail Ombudsman on account of how GWR failed to adequately care for passengers left at Shalford on 28th March, when it terminated the 17.20 from Reading to Gatwick there, but GWR will not reply to my two requests for a Deadlock Letter. I understand that the Rail Ombudsman won’t consider my case unless it has the reference it contains. What can I do ?
They should have paid delay repay based on the value of your tickets to Eastbourne, not just to Gatwick.
 

Titfield

Established Member
Joined
26 Jun 2013
Messages
1,795
Yes. They reimbursed the cost of my fare from Reading to Gatwick and asked me to submit a further claim for additional costs. This claim has twice been rejected. I want to take my case to the Rail Ombudsman on account of how GWR failed to adequately care for passengers left at Shalford on 28th March, when it terminated the 17.20 from Reading to Gatwick there, but GWR will not reply to my two requests for a Deadlock Letter. I understand that the Rail Ombudsman won’t consider my case unless it has the reference it contains. What can I do ?

Do they say why the claim for additional costs has been rejected?
 

Top