Scotrail Delay Repay after my Advanced train no longer exists after temporary timetable imposed

[pjanvil]

I bought an advanced single for the 16.38 for Glasgow Queen Street - Dundee service on 27th september. My ticket is printed with these details due to arrive 18.07 . However due to the emergency timetable my train waa cancelled and no longer exists in the timetable so I am unable to make a delay repay against it online. Staff at Queen Street instead told me to board the 17.10 service but this made me over 40 minutes late compared to my advanced ticket.

Additionally I have the same problem with the 13.59 - 15.20 from Dundee to Glasgow Queen Street on 28th September, under the emergency timetable the next service is now 14.56 - 16.21 which means I'm actually delayed 60 minutes.

 

[Bletchleyite]

Delay Repay is currently based on the "published timetable of the day" and as such you can't claim it for a timetable change like that, though you would be able to claim it were the 1710 delayed. Yes, it's silly.

 

[pjanvil]

I claimed delay repay under the trains I actually boarded as my train didn't exist to pick but was rejected, I appealed explaining above and that my advanced ticket has printed on it trains that don't exist. Was rejected again. Is this right since I was delayed based on my advanced tickets?

Surely if they change the timetable for a train I have an advanced ticket for they have cancelled my train?

 

[Bletchleyite]

I claimed delay repay under the trains I actually boarded as my train didn't exist to pick but was rejected, I appealed explaining above and that my advanced ticket has printed on it trains that don't exist. Was rejected again. Is this right since I was delayed based on my advanced tickets?

As I said, your claim would be based on the published timetable of the day, not what is on your tickets. Was the 1710 delayed more than 15 minutes? If not unfortunately you are not entitled to anything under Delay Repay.

Yes, as I said, it is stupid and unfair.

 

[pjanvil]

Definitely a loophole they can cancel a train you've booked for therefore make you late and get out of delay repay

 

[Watershed]

The NRCoT don't actually contain the term "published timetable of the day" anymore - it was removed in the latest version this April, presumably having become too much of a blatant and toxic phrase.

The intended effect of the relevant exclusion is still much the same, but the wording is now so wooly that I doubt it could in any way be deemed enforceable. It purports to give the railway complete discretion as to one of the key terms of the contract - when you will depart and arrive - which is plainly going to be an unfair term in the context of a consumer contract, and thus unenforceable.

You could alternatively make a claim under the Consumer Rights Act, for failure to provide the service with reasonable skill and care, and/or in accordance with the information you relied upon when making your purchasing decision (i.e. the timings).

Either way it may be the case that you have to raise a complaint, and possibly take it to the Ombudsman and/or Court, to get what you are owed. The railway doesn't like to make it easy!

 

[Morayshire]

As I said, your claim would be based on the published timetable of the day, not what is on your tickets. Was the 1710 delayed more than 15 minutes? If not unfortunately you are not entitled to anything under Delay Repay.

Yes, as I said, it is stupid and unfair.

Would have to be more than 30 mins delay as Scotrail don't have the 15 minute bracket sadly.

 

[RodMcMillan]

The NRCoT don't actually contain the term "published timetable of the day" anymore - it was removed in the latest version this April, presumably having become too much of a blatant and toxic phrase.

The intended effect of the relevant exclusion is still much the same, but the wording is now so wooly that I doubt it could in any way be deemed enforceable. It purports to give the railway complete discretion as to one of the key terms of the contract - when you will depart and arrive - which is plainly going to be an unfair term in the context of a consumer contract, and thus unenforceable.

You could alternatively make a claim under the Consumer Rights Act, for failure to provide the service with reasonable skill and care, and/or in accordance with the information you relied upon when making your purchasing decision (i.e. the timings).

Either way it may be the case that you have to raise a complaint, and possibly take it to the Ombudsman and/or Court, to get what you are owed. The railway doesn't like to make it easy!

Interesting, I'm digging into data at the moment and I'm seeking delay repay claims that have been rejected, then when I look on recent train times the journey just isn't there - so that's likely to be a last minute timetable change?

 

[Watershed]

Interesting, I'm digging into data at the moment and I'm seeking delay repay claims that have been rejected, then when I look on recent train times the journey just isn't there - so that's likely to be a last minute timetable change?

Yes, exactly. It's one of several questionable practices to do with Delay Repay.

 

[SickyNicky]

TimetableHistory.com might be a source of information for you. For example, http://timetablehistory.com/Station.aspx?StationID=3159&Date=27/09/2024 and http://timetablehistory.com/times.aspx?uid=P77921&date=20240927 show that the OP's booked train was cancelled on the 6th September.