Southeastern A scheduled depart 08:03 - B (London Bridge) scheduled arrival 08:13 Actual arrival: 08:16 (3 minutes late)
Thameslink B scheduled depart 08:21 Cancelled, next at 08:36
COMP1 submitted 22/06/2022 declined 27/06/2022
Rejection reason: We have checked the journey you have claimed for and our records show that this service was operated by another train operator (London South Eastern Railway). We are unable to compensate for another train operator, so please be advised that you will need to make a claim with them directly.
COMP2 submitted 28/06/2022 declined 05/07/2022
Rejection reason: Having checked our records for the details of the delay you provided to us, our systems show that the delay was less than 15 minutes, which is below the minimum threshold for which you are entitled to Delay Repay compensation.
Contact us form submitted 05/07/2022 No copy of text, but was asking why claims were rejected for invalid reasons.
Reply 11/07/2022:
I can see that your claim was declined due to the first leg between [A] and London Bridge being delayed and causing a missed connection, this service was operated by London South Eastern Railway.
I appreciate that the second leg from London Bridge at 08:21 was cancelled, but Delay Repay works that the service that caused the first delay is at fault.
My Reply:
I can see that the first leg was delayed by 3 minutes.
The second leg would have been at 08:21, but was cancelled. 5 minutes is more than sufficient time to change platforms at London Bridge.
Using the same logic as you're using, if I took two trains from A-B and B-C, and the train from A-B was 1 second late, and I had 1 hour (minus 1 second) to change platforms at B, and the train from B-C was 700 years late, the delay be caused by train A-B. Please explain how this works?
Reply 18/07/2022:
I’m sorry to learn that you’re unhappy with our previous response. As you were previously advised Delay Repay compensation is payable by the train operating company that caused the initial delay on the journey. This is followed by all train operating companies.
As your initial Delay was caused by London South Eastern Railway, you will need to contact them to discuss your Delay Repay compensation.
My Reply:
Please see the National Rail Conditions of Travel Section 32:
32. Claiming Compensation for Delays and/or Cancellations
32.1 If you are delayed in reaching your destination as a result of a delay or cancellation of
a train service, you may be entitled to claim compensation from the Train Company
that is responsible for the delay in completing your journey.
Your claim can be made to any Train Company whose services you used to make
your journey, who will, if necessary, forward your claim to the Train Company
responsible.
The train company responsible for the delay was Thameslink, because the train was cancelled. The 3 minute delay from Southeastern was inconsequential, as previously explained using a simple example. If you believe Southeastern is responsible, which obviously defies all logic and common sense to any reasonable person, you can forward my claim on to them. If there are any rules, regulations, conditions, legislation, or procedures that changes this, please let me know exactly what these are.
Additionally, the GTR Passenger Charter states:
If you were delayed by another train
operator and it affects your journey with us, you can claim with either operator although it will be
quicker to claim from the operator responsible for the delay.
Reply 28/07/2022:
It’s great to hear from you, but unfortunately your concerns relate to a different train company so we’re not going to be able to help on this occasion.
To save you any further hassle, we will pass your details on to the right company. This is in line with our privacy policy, but if you’d like to view that in full a copy can be found at: https://www.thameslinkrailway.com/terms-of-use/privacy-policy.
London Southeastern Railway should be in touch shortly, but if you require an update or have something to add, you’ll be able to contact them directly at: https://www.southeasternrailway.co.uk/ or by phone 0345 322 7021.
--
No contact from Southeastern as of 06/08/2022. Should I chase Southeastern, or go to Rail Ombudsman after 05/07/2022 + 40 working days = 30/08/2022 ?
Thameslink B scheduled depart 08:21 Cancelled, next at 08:36
COMP1 submitted 22/06/2022 declined 27/06/2022
Rejection reason: We have checked the journey you have claimed for and our records show that this service was operated by another train operator (London South Eastern Railway). We are unable to compensate for another train operator, so please be advised that you will need to make a claim with them directly.
COMP2 submitted 28/06/2022 declined 05/07/2022
Rejection reason: Having checked our records for the details of the delay you provided to us, our systems show that the delay was less than 15 minutes, which is below the minimum threshold for which you are entitled to Delay Repay compensation.
Contact us form submitted 05/07/2022 No copy of text, but was asking why claims were rejected for invalid reasons.
Reply 11/07/2022:
I can see that your claim was declined due to the first leg between [A] and London Bridge being delayed and causing a missed connection, this service was operated by London South Eastern Railway.
I appreciate that the second leg from London Bridge at 08:21 was cancelled, but Delay Repay works that the service that caused the first delay is at fault.
My Reply:
I can see that the first leg was delayed by 3 minutes.
The second leg would have been at 08:21, but was cancelled. 5 minutes is more than sufficient time to change platforms at London Bridge.
Using the same logic as you're using, if I took two trains from A-B and B-C, and the train from A-B was 1 second late, and I had 1 hour (minus 1 second) to change platforms at B, and the train from B-C was 700 years late, the delay be caused by train A-B. Please explain how this works?
Reply 18/07/2022:
I’m sorry to learn that you’re unhappy with our previous response. As you were previously advised Delay Repay compensation is payable by the train operating company that caused the initial delay on the journey. This is followed by all train operating companies.
As your initial Delay was caused by London South Eastern Railway, you will need to contact them to discuss your Delay Repay compensation.
My Reply:
Please see the National Rail Conditions of Travel Section 32:
32. Claiming Compensation for Delays and/or Cancellations
32.1 If you are delayed in reaching your destination as a result of a delay or cancellation of
a train service, you may be entitled to claim compensation from the Train Company
that is responsible for the delay in completing your journey.
Your claim can be made to any Train Company whose services you used to make
your journey, who will, if necessary, forward your claim to the Train Company
responsible.
The train company responsible for the delay was Thameslink, because the train was cancelled. The 3 minute delay from Southeastern was inconsequential, as previously explained using a simple example. If you believe Southeastern is responsible, which obviously defies all logic and common sense to any reasonable person, you can forward my claim on to them. If there are any rules, regulations, conditions, legislation, or procedures that changes this, please let me know exactly what these are.
Additionally, the GTR Passenger Charter states:
If you were delayed by another train
operator and it affects your journey with us, you can claim with either operator although it will be
quicker to claim from the operator responsible for the delay.
Reply 28/07/2022:
It’s great to hear from you, but unfortunately your concerns relate to a different train company so we’re not going to be able to help on this occasion.
To save you any further hassle, we will pass your details on to the right company. This is in line with our privacy policy, but if you’d like to view that in full a copy can be found at: https://www.thameslinkrailway.com/terms-of-use/privacy-policy.
London Southeastern Railway should be in touch shortly, but if you require an update or have something to add, you’ll be able to contact them directly at: https://www.southeasternrailway.co.uk/ or by phone 0345 322 7021.
--
No contact from Southeastern as of 06/08/2022. Should I chase Southeastern, or go to Rail Ombudsman after 05/07/2022 + 40 working days = 30/08/2022 ?
