Gwr delay repay - they say weather but announced signalling and won't refund

[jameshammond]

I Travelled on the Plymouth to Reading GWR service at 1503 on 23rd November. The train was delayed and the announcement on board was due to a signalling issue near Exeter St. Davids. Applied through their website for a refund however they have come back to me and said delay was due to adverse weather (weather was mild and cloudy). Any ways to find out the delay or challenge this?

Thanks

 

[bb21]

If you provide the ID of the train then a few of us will be able to have a look.

Edit: Just noticed you said the 1503 so the ID is there. I will have a look tomorrow at work if no one gets in before me.

What journey were you making?

 

[gray1404]

My understanding is that delay repay has to be paid regardless of what caused the delay. The passenger charter schemes however (or compensation provisions under the NRCoT) will not normally cover reasons outside of the control of the railway industry. I think you need to find out the true reason for the delay to know how to proceed further. Also, confirm if it is a true delay repay scheme you have applied under.

 

[bb21]

GWR do not operate Delay Repay so Delay Repay principles do not apply.

 

[cactustwirly]

My understanding is that delay repay has to be paid regardless of what caused the delay. The passenger charter schemes however (or compensation provisions under the NRCoT) will not normally cover reasons outside of the control of the railway industry. I think you need to find out the true reason for the delay to know how to proceed further. Also, confirm if it is a true delay repay scheme you have applied under.

GWR do not operate delay repay, they operate their own "Delay Compensation" which does not normally pay out for delays outside the railways control, such as weather, fatalities etc.
They don't pay out for delays less than an hour unless you're in the Thames Valley

 

[jameshammond]

Thanks for all your replies so far. My journey was from Plymouth to Reading and I arrived just over 30 minutes late into Reading (so within Thames Valley area). How do I find out the true reason for the delay? On board it was announced that it was due to signalling issues yet gwr tell me it was adverse weather. I just find it hard to believe as it was a clear day and not windy etc. Do network rail provide any data on this or do I just have to take gwr's reason?

 

[AlterEgo]

Thanks for all your replies so far. My journey was from Plymouth to Reading and I arrived just over 30 minutes late into Reading (so within Thames Valley area). How do I find out the true reason for the delay? On board it was announced that it was due to signalling issues yet gwr tell me it was adverse weather. I just find it hard to believe as it was a clear day and not windy etc. Do network rail provide any data on this or do I just have to take gwr's reason?

You’re not due anything.

GWR will only pay out for 30-59 minutes if you were travelling on a former FGW Link Service (think commuter trains). https://en.m.wikipedia.org/wiki/First_Great_Western_Link

You were on a “mainline” former FGW service and the threshold begins at 60 minutes.

Not sure why they didn’t point this out to you from the start because they could have saved themselves a lot of bother!

 

[ForTheLoveOf]

I've always thought their attempts to try and wriggle out of Delay Repay are non-compliant with the Consumer Rights Act 2015 and specifically the right to a price reduction/partial refund. Especially as almost all other operators give compensation for 15/30+ minute delays, regardless of cause, and that they get compensated by Network Rail in almost all instances.

 

[bb21]

You’re not due anything.

GWR will only pay out for 30-59 minutes if you were travelling on a former FGW Link Service (think commuter trains). https://en.m.wikipedia.org/wiki/First_Great_Western_Link

You were on a “mainline” former FGW service and the threshold begins at 60 minutes.

Not sure why they didn’t point this out to you from the start because they could have saved themselves a lot of bother!

As AlterEgo says, on former FGW intercity routes, you are only due compensation for delays over 60 minutes, so in this case unfortunately whatever the cause you are not really due anything.

 

[jameshammond]

Thanks for your replies. Shame I can't get anything back!

 

[jimm]

I've always thought their attempts to try and wriggle out of Delay Repay are non-compliant with the Consumer Rights Act 2015 and specifically the right to a price reduction/partial refund. Especially as almost all other operators give compensation for 15/30+ minute delays, regardless of cause, and that they get compensated by Network Rail in almost all instances.

GWR are not wriggling out of anything - the terms of their current direct award franchise do not include Delay Repay arrangements for compensation.

It will presumably start to apply in the GW area when there is either another direct award deal with First Group or a new franchise following a contest - it is DfT's call.

 

[najaB]

I've always thought their attempts to try and wriggle out of Delay Repay...

They aren't wriggling out of paying Delay Repay, they don't offer Delay Repay in the first place. That's like accusing Debenhams of wriggling out of the "Never knowingly undersold" promise.