Has anyone tried to test the theory of delay compensation for PTE tickets yet?

[Sweetjesus]

I currently have two different PTE tickets for two regions.

I've looked through railforums for such threads like this, the consensus seems that it should be eligible for a delay repay compensation but one would have to fight it.

Most of these threads are from a few years ago.

Does anyone have a update so far regarding to this situation?

 

[yorkie]

You are entitled to Delay Repay on these tickets; the Government have specifically stated this, see: https://www.railforums.co.uk/thread...-to-compensate-on-multi-modal-tickets.173787/

Providing you got your Delay Repay claims in within 28 days, they remain valid claims, and if you have several years of rejected claims, this will be excellent evidence if it ever reaches court.

I personally think a class action lawsuit would succeed, the question is whether anyone is prepared to instigate it and whether funders would fund it.

I am not aware of any updates in this area; as far as I know Northern and TPE are still refusing to carry out their obligations and I am not aware of any legal action (that said, if I was, I'd not be able to comment on it until it became public).

You could try writing a letter before action to recover any monies you personally are owed. I do not know what the likelihood of success would be. I am not currently aware of anyone having done this.

 

[Sweetjesus]

Thanks, I'll get started making delay repay claims now. Is there a limitation period for these cases for making small claims court? I plan to collect a few rejections from delay repay claims before considering taking it to a small claims court as individual value of these claims are quite low.

Unfortunately, Northern is my main operator. They've explicitly stated that multi-modal tickets are not eligible for delay repay.

https://www.northernrailway.co.uk/corporate/compensation-information

 

[yorkie]

Thanks, I'll get started making delay repay claims now. Is there a limitation period for these cases for making small claims court? I plan to collect a few rejections from delay repay claims before considering taking it to a small claims court as individual value of these claims are quite low.

I believe the 'limitation period' is 6 years.

Unfortunately, Northern is my main operator. They've explicitly stated that multi-modal tickets are not eligible for delay repay.

https://www.northernrailway.co.uk/corporate/compensation-information

Yes, Northern make a lot of false claims. They're a bit of a mickey mouse operation at times.

 

[_toommm_]

I've had luck with Northern when combining my multimodal GM Countycard with a normal ticket, as I often do going from somewhere in the GM area to Leeds, although they will only compensate me for the single ticket.

TransPennine used to compensate for multimodals, at least when I lived in South Yorkshire, but they're now taking the same stance as Northern.

 

[gray1404]

In terms of starting out legal action following a rejected claim, would the starting point be you claim using Money Claim Online? https://www.moneyclaim.gov.uk/web/mcol/welcome This can be quite a simple process.

 

[northernchris]

Yes, Northern make a lot of false claims. They're a bit of a mickey mouse operation at times.

I've had a mixed response from Northern which suggests its down to whoever deals with your claim. I managed to claim on an MCard last year for an 80 minute delay (obviously opted for the complimentary ticket option!) however having been caught up in the overhead line issues on the Airedale line last Tuesday I sent Northern a tweet asking if they would compensate on an MCard given I had followed the conductors instructions which turned out to be incorrect. This was their response

Hi Chris. Unfortunately due to the terms and conditions of M Card, delay repay is not accepted for these fare types. You can make a claim through the Consumer Rights Act with regards to this and they look into this on a case by case basis

 

[hkstudent]

I've had a mixed response from Northern which suggests its down to whoever deals with your claim. I managed to claim on an MCard last year for an 80 minute delay (obviously opted for the complimentary ticket option!) however having been caught up in the overhead line issues on the Airedale line last Tuesday I sent Northern a tweet asking if they would compensate on an MCard given I had followed the conductors instructions which turned out to be incorrect. This was their response

Hi Chris. Unfortunately due to the terms and conditions of M Card, delay repay is not accepted for these fare types. You can make a claim through the Consumer Rights Act with regards to this and they look into this on a case by case basis

I think it is not only the Consumer Act but also the NRCOT as well. I am pretty sure that MCard Ts & Cs (as a contract) can't override NRCOT (bylaw) and Consumer Act (National Legislation)

 

[northernchris]

I think it is not only the Consumer Act but also the NRCOT as well. I am pretty sure that MCard Ts & Cs (as a contract) can't override NRCOT (bylaw) and Consumer Act (National Legislation)

There seems to be a lot of confusion over MCard (and other PTE products) although Metro themselves aren't very forthcoming with reasons as to why they are supposedly exempt. I submitted a claim with Northern anyway so I'll report back what their response is

 

[Saperstein]

I had a delay with Northern today and arrived into Liverpool Lime Street 21L, I was using a MerseyRail saveaway ticket.

But as I understand it the threshold is 30m isn’t it? So probably no point bothering. (Unless it’s 15 and I will!).

Saperstein.

 

[gray1404]

Northern now operate delay repay for delays of 15 minutes or more.

 

[Puffing Devil]

TPE paid out in full for a Wayfarer + Dore Sheffield ticket after the recent meal when my return TPE unfortunately hit a person on the return.

 

[Saperstein]

Northern now operate delay repay for delays of 15 minutes or more.

OK, thanks, in that case I’ll go for it!

Saperstein

 

[Saperstein]

OK, thanks, in that case I’ll go for it!

Saperstein

Done! See what they say about it.

Saperstein.

 

[island]

I think it is not only the Consumer Act but also the NRCOT as well. I am pretty sure that MCard Ts & Cs (as a contract) can't override NRCOT (bylaw) and Consumer Act (National Legislation)

NRCoT is not legislation. It’s part of the contract of travel also.

Northern have already said a claim under the CRA will be considered on its merits.

 

[ASharpe]

I've had mixed results claiming on WY Metro Mcards. I'd say if it's significant disruption and you claim a day or so later you have a good chance of it just being approved and a free ranger being sent out. I suspect if you claim for a certain value they are going to have to look into it and realise it's a MCard and they are trained to reject these using a proforma.

I wouldn't mention anywhere in your initial claim that you have an MCard or are claiming under the consumer rights act - you are just asking them to look more closely rather then simply approve.

I did take one claim through transport focus and had a successful outcome. Although the passenger charter text has since been tightened up so maybe it was to successful for Northern's liking.

I understand the terms and conditions from Northern for Mcards are rather vague and spread around. You might well find that they were not brought to your attention when you bought your ticket. My renewal is due soon and I'll be taking screenshots of the process.

 

[northernchris]

I suspect if you claim for a certain value they are going to have to look into it and realise it's a MCard and they are trained to reject these using a proforma.

I wouldn't mention anywhere in your initial claim that you have an MCard or are claiming under the consumer rights act - you are just asking them to look more closely rather then simply approve.

That's good to know for the future, in the past I've included a photo of my MCard as proof of travel. Although on my most recent occasion though I followed the information provided by a conductor which turned out to be incorrect, so I'm hoping they approve on the basis the communication wasn't as good as it could have been

 

[ASharpe]

I've always included a pictur of my mcard, they ask for it and I feel obliged. But I don't draw attention to it.

I've some limited experience of customer service as things get escalated to me from our contact centres in the (non-rail) company I work for. But I umderstand a lot of customer service software is geared towards quick throughput and making a click through to an attachment supports that as it's usually irrelevant and takes time to load. And for low value refunds (such as a free ticket) there is little value in spending wages analysing them in detail.

 

[_toommm_]

My train has been cancelled or ran more than 15 mins late from Picc to Heald Green 3 times in a 7 day period, so I'm going to attempt to email them later attempting to seek some comp.

I'd be more than happy with Rail Travel Vouchers to be honest, because at the end of the day I've missed quite a bit of work because of it!

 

[_toommm_]

Email fired off - I've asked for Rail Travel Vouchers in line with the normal delay repay scheme at the very minimum. Fingers Crossed

 

[hkstudent]

The more concerning issue apart from delay repay would be the measures of dealing stranded passengers missed the connection for the last train.

I'm not sure TOCs would honour PTE tickets and arrange transport for the passengers...

 

[yorkie]

I'm not sure TOCs would honour PTE tickets and arrange transport for the passengers...

They are obliged to ensure all passengers reach their destination.

There have been reports of passengers told to get a bus, which is probably fair enough providing appropriate buses are running.

 

[Saperstein]

Done! See what they say about it.

Saperstein.

Update: OK just herd from Northern. They have agreed to pay £0.68, a small amount. But it proves it’s possible to get delay repay on a PTE ticket so a successful test.

Saperstein.

 

[yorkie]

They are just trying to put people off. They will know that they are legally obliged to pay out and they won't want to risk a legal challenge.

 

[_toommm_]

I've still had no reply from Northern about the continued issues with the Heald Green trains in the morning.

 

[Mathew S]

Update: OK just herd from Northern. They have agreed to pay £0.68, a small amount. But it proves it’s possible to get delay repay on a PTE ticket so a successful test.

Saperstein.

Just to clarify, what ticket were you travelling on?

 

[Saperstein]

Just to clarify, what ticket were you travelling on?

Merseytravel Saveaway (the £5.40 one).

Saperstein.

 

[Mathew S]

Merseytravel Saveaway (the £5.40 one).

Saperstein.

Thanks.

 

[Kite159]

I've just a claim in to Northern for a 45 minute delay from Ilkley towards Bradford Forster Square last night due to some issue with the overhead wiring towards Baildon, using a WY Daysaver Train (purchased in London on standard orange stock), so it will be interesting to see what they come back with.

 

[_toommm_]

Another day, another train from Piccadilly to Heald Green cancelled. In just over two weeks, half of the trains I get have been over 15 minutes late, or skipped all the stops to the Airport. I'll probably be writing an email every month at this rate to claim delay repay.