Unsatisfactory LNER Delay Repay outcomes

Discussion in 'Disputes & Prosecutions' started by td97, 9 Jan 2020.

  1. td97

    td97 Member

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    I have 2 DR claims with LNER from November. Both journeys were very similar: split tickets and initial delayed legs on LNER.
    LNER Newcastle - York: delayed on both occasions (one was door fault, the other was brake fault with emergency application at 125mph). One occasion resulted in a 28 minute delay; the other 32.

    TPE York - Leeds: missed connections on both occasions due to LNER late running, arriving 1 hour+ late both times.

    LNER are claiming that they are only accountable for the delays to their services, so have concluded the 28 minute delay (£0.00) and 32 minute delay (half LNER fare) is all they are accountable for.

    I responded, via email, that this was not a satisfactory outcome as under NRCoT 14.1 they are liable for the delay to my whole journey as they were the TOC to initially delay myself.

    I heard nothing after about a month (despite their 10/14 working day commitment) so have rung to query the progress, but still the outcome is that they will only be liable for their portion of the delay.

    Can anyone clarify their position on this, and whether it is correct?
    Thanks in advance

    FWIW the DR is going to the CALMZONE charity
     
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  3. thejuggler

    thejuggler Member

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    Their statement "claim for Delay Repay is investigated using individual ticket details" probably is correct as it is a description of their internal process. This however does not mean they are correct in their decision.

    Throw the 14.1 fact back at them, then move to official complaint.
     
  4. Bletchleyite

    Bletchleyite Veteran Member

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    It's not correct. One journey done using multiple tickets is considered as a whole. (This also means, as a counter-item, that a delay in the middle of the journey that didn't affect the final arrival time would be a fraudulent claim - not that it's really enforceable).

    I've had LNR (WMT, not LNER) pay claims on such journeys twice now. Neither time did it need to be queried.
     
  5. td97

    td97 Member

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    Thanks both, I thought so too, but it does make you question whether you are correct, especially in a phone call situation, when they are being quite adamant that they are only responsible for their portion. I'll chase both up with an email again and if that gets nowhere then will take it to a higher level.
     
  6. island

    island Established Member

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    I think the general experience with LNER is if you appeal it to the right person a larger amount will be paid out.

    At the very minimum their legal obligation is to pay in accordance with the NRCoT 50% of the cost of the throughout journey if you were delayed at your final destination by 60 minutes or more. Section 14 of the NRCoT allows you to make a journey using multiple tickets, and section 32 simply refers to a delay reaching your destination. It’s quite possible you may be able to recover more.
     
  7. Marton

    Marton Member

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    I’ve had several claims with split tickets paid by LNeR without a problem.
     
  8. 30907

    30907 Established Member

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    I assume you allowed the appropriate connection time at York?
    And were unlucky as most of the day there are 4 TPE (and 1 fast Northern) every hour from York (when they are running that is?)
     
  9. td97

    td97 Member

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    Yes 10 minutes; above the minimum of 8.
    Yes TPE were cancelling services left right and centre, but the booked connection I had tickets for ran to time on both occasions.
     
  10. 30907

    30907 Established Member

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    Thanks. So LNER should cough up!
     
  11. Solent&Wessex

    Solent&Wessex Established Member

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    LNER initially rejected a split ticket delay repay claim from me in June last year.

    It took them about 2 months and various toing and froing of emails whereby I quoted chapter and verse to them before they finally agreed to pay the correct amount. They never admitted I was right, just begrudgingly agreed to pay me the amount I had claimed.

    It then took them a further 4 months to pay the money to me, with them citing various internal admin and authorisation errors as to why I never got the money, despite them frequently telling me it had all been sorted and I would get it within 14 days. It took until late December to finally get the money, and I suspect that was only because I said I would take them to court if they didn't pay it immediately. On a plus point they did send me some free first class return tickets as way of additional compensation.
     

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