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Do I claim Delay Repay; or did I breach the rules?

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GillsMan

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On Friday morning, I landed at Heathrow after a 27 hour flight from Australia. I bought a weekly ticket for my normal commute, CHH to London while my plane was still taxiing to the gate. I bought this for my Southern Key card.

Still jetlagged, I'd accepted the card/ticket to be activated at CHH (Christs Hospital), my normal start station. However, I had neglected to take into account that I was at Heathrow, and therefore on this occasion only, my actual start station would be VIC (Victoria). I have since discovered that even had I bought a weekly ticket from London to CHH (as opposed to CHH to London) I wouldn't have been able to activate it at VIC for some reason (seems Kings Cross is the only central London station I could have activated it at).

At VIC, my Key card wouldn't work at the gate, understandably, but gateline staff checked my emailed receipt and allowed me on the train which departed a few minutes late.

At HRH, the service to CHH was cancelled and those travelling to CHH were detrained. The next train was half an hour later. I decided not to wait and exited at HRH (Horsham). Later in the day, I popped down to CHH to activate my Key card.

Questions:
  1. Am I eligible for delay repay, since I abandoned my journey at HRH (one stop before CHH) rather than incur the 30 minutes delay that I would have been faced with?
  2. Although gateline staff at VIC allowed me to board, does my error in selecting the wrong station to activate my ticket at (essentially travelling VIC to CHH on an unactivated ticket, albeit with permission) negate the delay repay?
  3. Does my going down to CHH later in the day to activate my Key card make any difference to the above (I suspect not).

Having travelled 30+ hours from Australia to home, desperate to see my family, I can't tell you how angry I was at being turfed off my train by the usual crapness of Southern Rail. I am fastidious about claiming delay repay, but on this occasion am unsure of my eligibility due to the above.
 
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Bletchleyite

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I'm afraid you can, while it may feel unfair in this kind of case, only claim Delay Repay for a journey on which you were *actually* delayed. If you chose to end short in order to avoid a delay, you unfortunately are not eligible.
 

Clip

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CHH HRH VIC

Like ultravox going to Vienna this means nothing to me
 

MikeWh

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CHH HRH VIC

Like ultravox going to Vienna this means nothing to me
CHH - Christ's Hospital
HRH - Horsham
VIC - London Victoria

You do have a point though; @GillsMan, the forum rules do request that full names are given for stations before 3-letter codes are used later.

As for not being able to activate, the problem is compatibility with the Oyster devices such that you can't load tickets at any London zone station. If you can use Kings Cross then it might be limited to platforms where trains that don't call anywhere else within the Oyster area start from.
 

Haywain

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As for not being able to activate, the problem is compatibility with the Oyster devices such that you can't load tickets at any London zone station. If you can use Kings Cross then it might be limited to platforms where trains that don't call anywhere else within the Oyster area start from.
There are no platforms at Kings Cross that do not serve other Oyster area stations - Finsbury Park, for example.
 

js1000

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I'd encourage you to apply for compensation but explain your circumstances. Some TOCs word delay repay as includes "journeys you intended to take" rather than "you had to be on the train that made the delayed journey". Part of the problem with the Delay Repay scheme is that it is open to interpretation given differing terminology and lack of industry guidelines or delegated regulations.

The idea you wait 30 mins, 1 hour, 2 hour etc but instead give up and get a taxi or bus and incur financial loss - but which voids your right to a compensation claim is plain daft. The TOC screwed up, they will receive compensation from Network Rail. It is only right the passenger reserves the right to claim some of this rather than pocketing a portion of it as profit. You didn't bother due to the delay but you did intend to get that delayed train.

The least they can do is say no but some TOCs are happy to make it right to ensure good terms. Unfortunately, Southern along with Thameslink and Northern aren't that smart when it comes to customer service and putting things right. You would have more luck with longer distance/airport trains on Virgin Trains, TPE, Heathrow Express etc. given these TOCs would to keep leisure passengers on side so they will consider/make journeys with them in the future.
 
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GillsMan

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Thanks all - I've edited my original post to include station names - will bear in mind the forum rules in future.

So Southern's delay repay do say something about journeys you intend to take, which might make it worth putting in a claim. However, the bit that I'm really concerned about is did I break the rules in travelling? My ticket was a weekly season ticket from Christs Hospital to London Terminals, and I was supposed to activate it at Christs Hospital. But I started my journey in London, so it wasn't activated. I was allowed to do this by gateline staff - but was he using discretion/common sense? In other words, if I put in a claim for delay repay, do I potentially open myself up to further scrutiny for travelling with a ticket, albeit an unactivated one?

Definitely happy to chalk this down to experience, but equally I've had so many delays with Southern that I'm not particularly keen to not claim if I'm OK to. Does that make sense?
 

Fawkes Cat

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I can't really help with the legal/procedural issue, but if I was in the same position, I think I would argue that pursuing Southern over their failures is a moral issue - that is, it's not so much that I should be compensated, but more that they should be punished. That being the case, it's important that my behaviour should (in my eyes at least) be absolutely beyond reproach. Since I cannot be absolutely certain that I abided by the rules for my ticket, on this occasion I will not pursue delay repay.
 

gray1404

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I'd stick the delay relay form in online and keep it simple. No need to mention about the ticket being activated elsewhere. I would hope the person looking at the claim will simply see you have a season ticket and that's enough. The member of staff gave you permission to travel having checked your confirmation email, so you had permission.
 
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