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GWR - tickets bought before engineering work changes

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Dave W

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Hello,

I've been mulling over whether to post this, and it's a bit long, but I've been involved in a really odd case with GWR since the end of January and appear to have now reached an impasse, so I'm seeking some advice about what to do next:

Two of us went from Paddington to Bath for the weekend on the 28-30 January. We both have Network Railcards so I split our tickets at Didcot which saved a few quid. All fine until I checked train times on the Sunday to find that the 1443 train which was advertised at time of booking (of which I have proof on my GWR account) didn't exist due to engineering works. Those that were running back to London didn't call at Didcot Parkway, rendering our split tickets void.

Not wanting to have issues with validity, I approached the ticket office at Bath to discuss options. I really wish I hadn't - the gentleman behind the counter was exceptionally rude and by the end I made it quite clear I would be raising a complaint. He told me that "gaming the system" by splitting tickets led to situations like this and told me my only option was to buy two singles to Reading. I wasn't happy but did so and boarded the 1423. What came next was probably inevitable - on explanation to the guard he said he'd have accepted our original split tickets as it wasn't our fault, and that I should apply to have the Bath-Reading tickets refunded (he marked neither).

At this point I was a bit miffed - I'd been told three different things by the booking engine, the Bath booking office and now the guard on the train. I wrote a more detailed version of the above framed as a complaint and request for assistance and actually sent it before we'd arrived at Paddington.

Three weeks later I got the usual standard template about each section - sorry you weren't happy, we've reported it but can't feedback on actions taken, etc (they also referred to a positive comparison I'd made of the outbound service on the Friday, but that's not important) - but no mention of what to do with the tickets.

A back and forth commenced until the GWR customer handler - who seemed only capable of pasting paragraphs - directed me to their refund system. A refund request was duly posted... And then duly rejected as it was outside the 28 day limit. I wrote back to the handler who told me that it wasn't his fault it took him 3 weeks to respond to my initial complaint, and then the additional time afterwards to reach an understanding about a refund. I asked it to be escalated and he said there was nowhere to escalate the refund to as the system had rejected it.

It's £56.20, so not a life-changing sum of money, but this all feels pretty unfair! My initial complaint was largely just about the ticket office staff member and could I have a refund per the guard's advice, but this bizarre email exchange has left me entirely unimpressed. I wrote back saying that I wasn't satisfied with the way the complaint was handled and that I wanted the complaint, not the refund escalated. I have mentioned that if such assistance wasn't forthcoming I would consider taking the matter to the Rail Ombudsman.

I've not heard from them since that escalation request on Monday. I'll be happy to continue to resolve it, but I have a strong suspicion I might not hear from them again. What's really annoyed me is that I tried to do the right thing, got stung by the ticket office, and then to rub salt in the wound was told it would have been alright anyway. The ensuing email exchanges have bordered on the astonishing and the inflexibility has turned me from being pragmatic and willing to sort it out cooperatively into being genuinely angry with them.

Having raised the possibility of the ombudsman, is there any other action I can take other than to sit tight for a response from someone who doesn't just paste paragraphs from a script? Further question: am I being reasonable? I don't think I've done anything wrong in the assumptions I made in the entire scenario - would be happy to be told otherwise as it'll help me to better understand how to proceed.

Cheers!
Dave
 
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island

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Where did you buy your tickets, and did you buy them in conjunction with an itinerary showing the train you wanted to use? (Did you have seat reservations?)

Were the tickets all walk-up type tickets or were any Advances involved?
 

Dave W

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Thanks island, tickets bought directly via GWR website.

I've attached an image from the confirmation email. No seat reservations on the way back but these were walk up returns (bought in the first week of December)

Perhaps the lack of seat availability should have been a warning sign, but note the schedules given are for a train via Didcot on those days.
 

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island

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Seems straightforward enough to me that the extra ticket should have been refunded as unused.
 

Watershed

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Hello,

I've been mulling over whether to post this, and it's a bit long, but I've been involved in a really odd case with GWR since the end of January and appear to have now reached an impasse, so I'm seeking some advice about what to do next:

Two of us went from Paddington to Bath for the weekend on the 28-30 January. We both have Network Railcards so I split our tickets at Didcot which saved a few quid. All fine until I checked train times on the Sunday to find that the 1443 train which was advertised at time of booking (of which I have proof on my GWR account) didn't exist due to engineering works. Those that were running back to London didn't call at Didcot Parkway, rendering our split tickets void.

Not wanting to have issues with validity, I approached the ticket office at Bath to discuss options. I really wish I hadn't - the gentleman behind the counter was exceptionally rude and by the end I made it quite clear I would be raising a complaint. He told me that "gaming the system" by splitting tickets led to situations like this and told me my only option was to buy two singles to Reading. I wasn't happy but did so and boarded the 1423. What came next was probably inevitable - on explanation to the guard he said he'd have accepted our original split tickets as it wasn't our fault, and that I should apply to have the Bath-Reading tickets refunded (he marked neither).

At this point I was a bit miffed - I'd been told three different things by the booking engine, the Bath booking office and now the guard on the train. I wrote a more detailed version of the above framed as a complaint and request for assistance and actually sent it before we'd arrived at Paddington.

Three weeks later I got the usual standard template about each section - sorry you weren't happy, we've reported it but can't feedback on actions taken, etc (they also referred to a positive comparison I'd made of the outbound service on the Friday, but that's not important) - but no mention of what to do with the tickets.

A back and forth commenced until the GWR customer handler - who seemed only capable of pasting paragraphs - directed me to their refund system. A refund request was duly posted... And then duly rejected as it was outside the 28 day limit. I wrote back to the handler who told me that it wasn't his fault it took him 3 weeks to respond to my initial complaint, and then the additional time afterwards to reach an understanding about a refund. I asked it to be escalated and he said there was nowhere to escalate the refund to as the system had rejected it.

It's £56.20, so not a life-changing sum of money, but this all feels pretty unfair! My initial complaint was largely just about the ticket office staff member and could I have a refund per the guard's advice, but this bizarre email exchange has left me entirely unimpressed. I wrote back saying that I wasn't satisfied with the way the complaint was handled and that I wanted the complaint, not the refund escalated. I have mentioned that if such assistance wasn't forthcoming I would consider taking the matter to the Rail Ombudsman.

I've not heard from them since that escalation request on Monday. I'll be happy to continue to resolve it, but I have a strong suspicion I might not hear from them again. What's really annoyed me is that I tried to do the right thing, got stung by the ticket office, and then to rub salt in the wound was told it would have been alright anyway. The ensuing email exchanges have bordered on the astonishing and the inflexibility has turned me from being pragmatic and willing to sort it out cooperatively into being genuinely angry with them.

Having raised the possibility of the ombudsman, is there any other action I can take other than to sit tight for a response from someone who doesn't just paste paragraphs from a script? Further question: am I being reasonable? I don't think I've done anything wrong in the assumptions I made in the entire scenario - would be happy to be told otherwise as it'll help me to better understand how to proceed.

Cheers!
Dave
The 28 day limitation period for refunds is likely enforceable for mere changes on mind, but it is certainly not enforceable where, as in your case, there was (charitably speaking) a misrepresentation.

Frankly I'd say there is little point wasting your time with the Ombudsman, as all indications are that they seem incapable of appreciating that there will be cases where the TOC's version of events, or arguments, will be invalid.

As the amount in question is under £100 there is no option of a claim under section 75 of the Consumer Credit Act, and the situation doesn't really fall within any of the usual categories for a chargeback under the Visa/MasterCard schemes.

So at this stage I'd say your best course of action is to send a Letter Before Action. See this page for an indication of what that is, why it's necessary and what you'll want to include. Feel free to post a draft here for feedback.

Hopefully that should ensure you get back the money you're owed, but if not then your next step would be to take GWR to Court.
 

AlterEgo

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The railway really is absolutely baffling at times. This is a clear case of where the complaint handler should simply refund the extra ticket outside the normal process, and chalk it up as "one of those".
 

furlong

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In my opinion the guard was correct. The general principle around diversions is that tickets remain valid as if trains were running as originally planned - you don't pay extra because the railway decided to change something. It's the extra tickets you were told to buy that should be refunded. (I've sent a PM with a contact at GWR to try.)
 
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Dave W

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Thanks to all for confirming my view and for information on next steps, and especially to Furlong for the contact. I've gone down this route so will await some progress!
 

gray1404

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It is also worth establishing if any delay repay is payable. Did you arrive at your destination later than originally planned as a result of the change to the schedules?
 

Dave W

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It is also worth establishing if any delay repay is payable. Did you arrive at your destination later than originally planned as a result of the change to the schedules?
Exactly 30 minutes, but this was a pre-journey timetable change rather than a delay so I imagine DR isn't payable?

Besides, the issue comes down to an unused ticket. Might keep it in my pocket if I need it though, cheers.
 

Watershed

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Exactly 30 minutes, but this was a pre-journey timetable change rather than a delay so I imagine DR isn't payable?

Besides, the issue comes down to an unused ticket. Might keep it in my pocket if I need it though, cheers.
The NRCoT were changed on 6 February to say that delay compensation is payable against the timetable shown on NRE at 10pm the night before, effectively giving TOCs carte blanche to alter the timetable as they wish, to avoid liability for compensation.

The enforceability of that exclusion is highly questionable (particularly given the lack of any requirement to at least notify the passenger) but you don't even need to consider that, because you both booked your tickets and travelled before this change. Without that exclusion, the position is unambiguous - that the times advertised upon purchase are those that count.

The bigger issue you will face is that delay compensation must be applied for within 28 days of your journey, which you'll now be out of time for. It's worthwhile checking what you wrote to GWR originally to see whether it's capable of consisting a compensation claim, but I imagine you probably didn't think about this at the time.
 

Dave W

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The NRCoT were changed on 6 February to say that delay compensation is payable against the timetable shown on NRE at 10pm the night before, effectively giving TOCs carte blanche to alter the timetable as they wish, to avoid liability for compensation.

The enforceability of that exclusion is highly questionable (particularly given the lack of any requirement to at least notify the passenger) but you don't even need to consider that, because you both booked your tickets and travelled before this change. Without that exclusion, the position is unambiguous - that the times advertised upon purchase are those that count.

The bigger issue you will face is that delay compensation must be applied for within 28 days of your journey, which you'll now be out of time for. It's worthwhile checking what you wrote to GWR originally to see whether it's capable of consisting a compensation claim, but I imagine you probably didn't think about this at the time.
Yes and in fact my follow up mentioned the fact the journey was pre this change on account of reading it here!

Sadly my initial complaint made no mention of a delay to my journey, but I don’t think that’s overly relevant here.

I had a response from the initial customer service respondent shortly after my email to the contact furlong gave me, reiterating there was nothing they could do and (bizarrely) reassuring me the previous email was entirely written by their own hand. It’s very possible this was a message that crossed mine going the other way.

I shall wait out for a further response as mid afternoon on a Friday is not the best time to be catching people (I know I’d be miffed!)
 

142blue

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Complicated situation but here's my take on it.

As you have tickets to make a journey that were split at Didcot then in my view you should travel to Didcot even if that means some or part of the journey is RRB and then onwards from Didcot to Bath, likewise even if that journey is all or part RRB. That is the validity of the tickets you bought but I'm also mindful of the fact this extends your point to point journey times by quite some time. As referenced about paying DR on the advertised timetable the night previous to travel I'm not sure how a delay repay would work.

However let's look at it not from a "rules" perspective but from the angle of customer service, doing the right thing and the fact in my view you bought a ticket in good faith allowing you to make a direct journey and since that point that ability to use what you bought has been removed. I'm also minded of the low customer numbers, the recovery of passenger numbers and not wishing to alienate people from travel in future

The guidance from the guard shows reasonable discretion in these circumstances and I would have hoped the person at Bath may have been inclined to issue a travel authority of sorts from there to Reading based on what you booked Vs the situation on the day. I'm always wary of yes the TOC got £50+ in revenue but in some circumstances this would put people off rail travel in future. Less customers, less revenue, do you still need me in a job?
 

miklcct

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In my opinion the guard was correct. The general principle around diversions is that tickets remain valid as if trains were running as originally planned - you don't pay extra because the railway decided to change something. It's the extra tickets you were told to buy that should be refunded. (I've sent a PM with a contact at GWR to try.)

Complicated situation but here's my take on it.

As you have tickets to make a journey that were split at Didcot then in my view you should travel to Didcot even if that means some or part of the journey is RRB and then onwards from Didcot to Bath, likewise even if that journey is all or part RRB. That is the validity of the tickets you bought but I'm also mindful of the fact this extends your point to point journey times by quite some time. As referenced about paying DR on the advertised timetable the night previous to travel I'm not sure how a delay repay would work.

However let's look at it not from a "rules" perspective but from the angle of customer service, doing the right thing and the fact in my view you bought a ticket in good faith allowing you to make a direct journey and since that point that ability to use what you bought has been removed. I'm also minded of the low customer numbers, the recovery of passenger numbers and not wishing to alienate people from travel in future

The guidance from the guard shows reasonable discretion in these circumstances and I would have hoped the person at Bath may have been inclined to issue a travel authority of sorts from there to Reading based on what you booked Vs the situation on the day. I'm always wary of yes the TOC got £50+ in revenue but in some circumstances this would put people off rail travel in future. Less customers, less revenue, do you still need me in a job?
These 2 comments are contradictory. Is the fact that, a diverted train is considered to run on both the original and diverted route, written to the public?
 

Dave W

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As you have tickets to make a journey that were split at Didcot then in my view you should travel to Didcot even if that means some or part of the journey is RRB and then onwards from Didcot to Bath, likewise even if that journey is all or part RRB.

I would have accepted that, but from what I could see there was no such method. The alternative would have been to go in to Reading, back out to Didcot, then back to Paddington. Which, thinking about it, would have probably meant I would have been valid waving my ticket at the guard regardless, doesn't it? ... I might have risked it on my own, but I was with my partner and not minded to cause a scene. The easy outcome for the ticket office staff member would be to say "see what the guard says" and then I'm out of their hair - they chose to make it difficult. But hey, that's life, I'm not going to crucify them over it, I'd just quite like a refund for whichever portion of ticket I'm entitled to (at least one pair were unused singles!)

I do appreciate this is a bit of an edge case, but this made it all the more frustrating that the customer relations staff didn't seem able to deviate from the script. Pleased to say GWR are looking into it again, so will provide an update if there is one.
 

Master29

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For a member of staff to say "you are gaming the system" is crass and stupid. Most ticket staff are happy to give you what you ask for with no worries and the train companies allow for it with a daft ticketing system anyway..
 

Dave W

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I shan't go into too many details out of respect for all involved, but the follow up customer manager has handled it very well indeed and acknowledged how poor the "gaming the system" comment was.

Resolved to my satisfaction. Thanks to all for their input, and especially @furlong who provided me a previously untried channel.
 
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