• 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!

Chiltern passenger charter delay compensation for disruptive passengers

Status
Not open for further replies.

Muzer

Established Member
Joined
3 Feb 2012
Messages
2,773
I put in a delay compensation request with Chiltern for a delay caused by disruptive passengers. However, they have refused the request because the delay was outside the rail industry's control.

I know that in theory the old Passenger Charter TOCs (there can't be many left now...) are within their rights to refuse delay compensation for this reason, but I thought in practice all of them had been told to offer it anyway. Maybe I'm getting confused with something else.

I just wanted to report this data point so people on the forum would be aware that this practice is going on.
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

221129

Established Member
Joined
21 Mar 2011
Messages
6,520
Location
Sunny Scotland
I put in a delay compensation request with Chiltern for a delay caused by disruptive passengers. However, they have refused the request because the delay was outside the rail industry's control.

I know that in theory the old Passenger Charter TOCs (there can't be many left now...) are within their rights to refuse delay compensation for this reason, but I thought in practice all of them had been told to offer it anyway. Maybe I'm getting confused with something else.

I just wanted to report this data point so people on the forum would be aware that this practice is going on.
You were mistaken.
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
30,772
Location
Scotland
I know that in theory the old Passenger Charter TOCs (there can't be many left now...) are within their rights to refuse delay compensation for this reason, but I thought in practice all of them had been told to offer it anyway.
I doubt the DfT could get away with telling them to offer compensation on different terms to those that the franchise had been let on as it would mess up the financials.
 

Muzer

Established Member
Joined
3 Feb 2012
Messages
2,773
True. I certainly know SWT in the latter days of their passenger charter compensation would award it whatever happened, and I think the same also applied to GWR (I received it after a lightning strike at least, which you think would be considered outside the railway's control).
 

Nick66

Member
Joined
19 Jan 2018
Messages
204
AIUI the TOCs are only obliged to pay compensation for delays under their (or also Network Rail's?) control but the Delay Repay scheme operated by some TOCs pay compensation for all delays.
 

bnm

Established Member
Joined
12 Oct 2009
Messages
4,996
Try submitting the claim again, this time mentioning the Consumer Rights Act 2015.
 

JN114

Established Member
Joined
28 Jun 2005
Messages
3,354
The consumer rights act has been extended to include rail services. Under that there might be a case for Chiltern to pay up, but per Chiltern’s passenger charter there is unfortunately no compensation due.

No clear legal precedent has been established as to whether the CRA actually trumps existing compensation arrangements, or as ATOC/RDG have claimed all along that all TOCs arrangements are already compliant. I see it waved around from time to time as if it’s some magic word(s) that opens locked doors to secret rooms - but looking both through this forum and more widely online there seems to be little evidence that it has changed anything - other than perhaps forcing the DfT to let New franchises inclusive of Delay Repay, and Train Operators now more openly stating customers may be eligible for compensation.

Mention it, by all means. Then come back here and let us know what they say.
 

ForTheLoveOf

Established Member
Joined
7 Oct 2017
Messages
6,416
I would say the way in which the delay was exactly caused will matter. If they took some action (or didn't take some action) and thereby lengthened or originally caused the delay, I don't see how they're not liable - Passenger's Charter or otherwise. But if it was indeed wholly outside their control then I don't see there's anything to be done.
 

Muzer

Established Member
Joined
3 Feb 2012
Messages
2,773
Presumably it was decided (whether by Chiltern or by other passengers) that the BTP needed to be involved, as they were in force at Birmingham Moor Street. We had also stopped for quite a while in "the middle of nowhere" which was also explained as being due to disruptive passengers.
 

island

Veteran Member
Joined
30 Dec 2010
Messages
16,092
Location
0036
No clear legal precedent has been established as to whether the CRA actually trumps existing compensation arrangements, or as ATOC/RDG have claimed all along that all TOCs arrangements are already compliant. I see it waved around from time to time as if it’s some magic word(s) that opens locked doors to secret rooms - but looking both through this forum and more widely online there seems to be little evidence that it has changed anything - other than perhaps forcing the DfT to let New franchises inclusive of Delay Repay, and Train Operators now more openly stating customers may be eligible for compensation.
Well put.
 
Status
Not open for further replies.

Top