GWR - dispute for alternative travel expenses (industrial action)

[tom40]

Hi everyone,

GWR have asked the court for another two weeks to consider the claim before responding, so they now have until close of business on the 7th May to make a decision. I’m pleased that this means they have acknowledged the claim and are no longer blissfully ignoring it.

They have also updated the contact details with an actual human - Simon Pritchard. Does anyone happen to know who that is / what their job role is?

Thanks

 

[AlterEgo]

They have also updated the contact details with an actual human - Simon Pritchard. Does anyone happen to know who that is / what their job role is?

Thanks

Customer Relations Manager at GWR.

 

[HurdyGurdy]

I’m pleased that this means they have acknowledged the claim and are no longer blissfully ignoring it.

They won't be ignoring it. The defendant (GWR) has to respond within the timeframe. If they don't, you can ask the court to order the defendant to pay your claim. Probably for the first time since you raised the matter with them a lawyer acting for GWR will be involved in drafting the response.

 

[Adam Williams]

GWR have asked the court for another two weeks to consider the claim before responding, so they now have until close of business on the 7th May to make a decision.

So out of interest, did they respond?

 

[tom40]

Oops - wrote this message yesterday but forgot to click post.


Well, the moment I'm sure none of you have been waiting for.....

GWR have today admitted my claim in full. Unsure how payment works, but the letter says they have until the 12th May to send cleared funds (I can't remember if the original form asked for my bank details preemptively).

I'd just like to say thank you to everyone that has offered their advice. I definitely would have dropped this sooner had I not known my legal rights, and how best to progress the case.

 

[Brissle Girl]

Well done for being tenacious enough to take it all the way, and very good to see that GWR caved in at the end.

 

[richw]

I assume they didn’t make it to court?

Big companies when they pull these tricks will do whatever it takes to get an out of court settlement as it avoids a court precedent being set.

 

[LowLevel]

I assume they didn’t make it to court?

Big companies when they pull these tricks will do whatever it takes to get an out of court settlement as it avoids a court precedent being set.

They'd also want to avoid publicity. The cost of the odd settlement plus costs is absolutely nothing compared to even a small percentage of those who obey the "do not travel" notices turning up at stations demanding long distance taxis.

 

[Watershed]

Oops - wrote this message yesterday but forgot to click post.


Well, the moment I'm sure none of you have been waiting for.....

GWR have today admitted my claim in full. Unsure how payment works, but the letter says they have until the 12th May to send cleared funds (I can't remember if the original form asked for my bank details preemptively).

I'd just like to say thank you to everyone that has offered their advice. I definitely would have dropped this sooner had I not known my legal rights, and how best to progress the case.

Glad to hear this! As you say, most people would simply accept being fobbed off and would be none the wiser as to their legal rights.

Your experience is very similar to those I've had with other TOCs after incurring expenses during strike-related disruption. They make nonsensical arguments till kingdom come, and then fold like a pack of cards when the prospect of defending a Court case looms.

I hope your judgment is for the full amount you're looking for, including the £50 fixed costs upon commencement, interest and Court fees?

They would generally speaking be expected to pay you by cheque unless you mutually agree a bank transfer.

 

[AlterEgo]

Oops - wrote this message yesterday but forgot to click post.


Well, the moment I'm sure none of you have been waiting for.....

GWR have today admitted my claim in full. Unsure how payment works, but the letter says they have until the 12th May to send cleared funds (I can't remember if the original form asked for my bank details preemptively).

I'd just like to say thank you to everyone that has offered their advice. I definitely would have dropped this sooner had I not known my legal rights, and how best to progress the case.

Well done on a good result.

 

[joncombe]

I have followed this thread with interest and also believed GWR should pay in this case. I'm glad that they have settled with you, but a shame it had to go this far. It is a shame the rail companies increasingly try to hide behind things like the "timetable of the day" stuff to try and get away from their legal obligations, but these terms and conditions cannot over-ride the law, despite the TOCs seemingly wishing that they could. A good result!

 

[mdann52]

Glad to hear this! As you say, most people would simply accept being fobbed off and would be none the wiser as to their legal rights.

Your experience is very similar to those I've had with other TOCs after incurring expenses during strike-related disruption. They make nonsensical arguments till kingdom come, and then fold like a pack of cards when the prospect of defending a Court case looms.

I hope your judgment is for the full amount you're looking for, including the £50 fixed costs upon commencement, interest and Court fees?

They would generally speaking be expected to pay you by cheque unless you mutually agree a bank transfer.

This isn't a judgement - so will only include the court filing fee, no other costs. Interest won't be charged as this requires an order to add to the claim.

If they don't comply with the admittance procedure, however, it then goes before a judge for a CCJ to be considered.

EDIT - Ignore me - this will be a judgement but if interest has not been claimed it won't be ordered

 

[tspaul26]

This isn't a judgement - so will only include the court filing fee, no other costs. Interest won't be charged as this requires an order to add to the claim.

If they don't comply with the admittance procedure, however, it then goes before a judge for a CCJ to be considered.

If GWR has given written notice that the whole claim is admitted then the claimant may make a request for judgment immediately and that judgment must be granted for both the requisite amount and costs.

Judgment interest will then run in the usual way and the judgment debt is payable immediately subject ti any agreement to the contrary between the parties.

However, this requires the claimant to lodge the request with the court office.

 

[mdann52]

If GWR has given written notice that the whole claim is admitted then the claimant may make a request for judgment immediately and that judgment must be granted for both the requisite amount and costs.

Judgment interest will then run in the usual way and the judgment debt is payable immediately subject ti any agreement to the contrary between the parties.

However, this requires the claimant to lodge the request with the court office.

Correct, I had slightly misremembered CPR part 8.