Northern Delay Repay with MCard

northernchris

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Joined
24 Jul 2011
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1,247
A few weeks ago I was travelling between Leeds and New Pudsey with a Zones 1-4 Annual MCard. The train failed shortly after leaving Bramley and despite the crew attempting to resolve the issue it was declared a failure and reversed the short distance to Bramley station where passengers were told another service would be along shortly. Both the PIS and announcements weren't working, but through using Real Time Trains found that the following service had been diverted through Dewsbury, and the one after that was also late, so eventual arrival in New Pudsey was 65 minutes late

Under Arriva, they would pay out Delay Repay on MCards so long as the cause of delay was within the control of the industry, and you cited the Consumer Rights Act in the claim. This is the first time I've submitted a Delay Repay request since the OLR took over, and they refused my request. When I followed it up they said I need to provide proof that the ticket was used on the train. I can't provide any evidence so not going to progress it any further, but was more curious as to how they expect people to verify they were onboard a particular train, and do they take the same stance for those with open tickets which can be used on any service?
 
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JBuchananGB

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30 Jan 2017
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Southport
People have been known to take photos of the PIS display (if it is at least displaying the time) at the station at which they experienced a delay, which might have worked in your case, or on arrival at the destination station 65 minutes late. But you have to be pretty clued-up to think of doing a thing like that.
 

1955LR

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11 Dec 2019
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61
Location
Hereford
When I made a similar claim with TFW using an anytime day return Card ticket, I had no evidence that I actually was delayed other than me claiming I was planning to use the train concerned that was cancelled. There was no barrier at my final station . They took my word for it and paid appropriate delay repay.
 

_toommm_

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8 Jul 2017
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3,590
Location
Leeds
I did have to push when I used to claim under the CRA when using a CountyCard (Greater Manchester’s equivalent of an MCard). Email again asking it to be looked at again. They’ve told me this before which might be worth quoting in full to them:

‘Under the consumer rights act customers are entitled to claim compensation if the train operator fails to provide the service with reasonable care and skill.’
 

robbeech

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Joined
11 Nov 2015
Messages
3,144
A few weeks ago I was travelling between Leeds and New Pudsey with a Zones 1-4 Annual MCard. The train failed shortly after leaving Bramley and despite the crew attempting to resolve the issue it was declared a failure and reversed the short distance to Bramley station where passengers were told another service would be along shortly. Both the PIS and announcements weren't working, but through using Real Time Trains found that the following service had been diverted through Dewsbury, and the one after that was also late, so eventual arrival in New Pudsey was 65 minutes late

Under Arriva, they would pay out Delay Repay on MCards so long as the cause of delay was within the control of the industry, and you cited the Consumer Rights Act in the claim. This is the first time I've submitted a Delay Repay request since the OLR took over, and they refused my request. When I followed it up they said I need to provide proof that the ticket was used on the train. I can't provide any evidence so not going to progress it any further, but was more curious as to how they expect people to verify they were onboard a particular train, and do they take the same stance for those with open tickets which can be used on any service?
By suggesting you’re not going to go any further with it you’re doing what 90% of other people will do. For that reason they’ll continue to get away with this unlawful rejection. A tidy little earner for them I’m sure you’ll agree (though considerably less with current passenger numbers).
Whilst you and only you has to make up your mind as to whether you can be bothered or indeed have the time to chase what is likely a small amount you must remember that the reason these operators get away with this unlawful behaviour is because passengers do just give up in most cases.
 

peters

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Joined
28 Jul 2020
Messages
364
Location
Cheshire
If the ticket barriers at Leeds station were in use, maybe you could say something like I arrived at the station at around *whatever* time, scanned my ticket at the ticket barriers and proceeded to platform *whatever*, I was wearing a *whatever* colour jacket. Please check the ticket barrier and CCTV logs as this will provide you with the information you need.
 

northernchris

Established Member
Joined
24 Jul 2011
Messages
1,247
By suggesting you’re not going to go any further with it you’re doing what 90% of other people will do. For that reason they’ll continue to get away with this unlawful rejection. A tidy little earner for them I’m sure you’ll agree (though considerably less with current passenger numbers).
Whilst you and only you has to make up your mind as to whether you can be bothered or indeed have the time to chase what is likely a small amount you must remember that the reason these operators get away with this unlawful behaviour is because passengers do just give up in most cases.

Yes I did think of this, and if I felt I had a chance of winning I probably would pursue, but Northern aren't the easiest of companies to deal with

If the ticket barriers at Leeds station were in use, maybe you could say something like I arrived at the station at around *whatever* time, scanned my ticket at the ticket barriers and proceeded to platform *whatever*, I was wearing a *whatever* colour jacket. Please check the ticket barrier and CCTV logs as this will provide you with the information you need.
I did initially ask them if the CCTV on the train would suffice, but they responded that only the BTP and security network have access so that wouldn't be of use. Although the barrier logs at Leeds would prove my pass was scanned it wouldn't prove I was on the affected service and that was when I realised they weren't going to be of any help
 

Haywain

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Joined
3 Feb 2013
Messages
4,933
If the ticket barriers at Leeds station were in use, maybe you could say something like I arrived at the station at around *whatever* time, scanned my ticket at the ticket barriers and proceeded to platform *whatever*, I was wearing a *whatever* colour jacket. Please check the ticket barrier and CCTV logs as this will provide you with the information you need.
CCTV will only be retained for a short period so is not likely to be available even if it could be accessed.
 

robbeech

Established Member
Joined
11 Nov 2015
Messages
3,144
A false delay repay claim would be a crime and that appears to be what Northern are trying to prevent.
Paying out on delay repay claims is what they’re trying to prevent with this as one of dozens of excuses for not doing so.
 

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