Unsatisfactory LNER Delay Repay outcomes

td97

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26 Jul 2017
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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.

LNER said:
If one of our trains runs late or is cancelled and because of that you get to your destination station 30 minutes or more later than scheduled, ‘Delay Repay’ applies.
...
you have submitted your claim using separate tickets - also known as split ticketing. Each claim for Delay Repay is investigated using the details shown on each individual ticket, not the overall through journey.
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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thejuggler

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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.
 

Bletchleyite

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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.
 

td97

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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.
 

island

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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.
 

30907

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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?)
 

td97

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I assume you allowed the appropriate connection time at York?
Yes 10 minutes; above the minimum of 8.
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?)
Yes TPE were cancelling services left right and centre, but the booked connection I had tickets for ran to time on both occasions.
 

Solent&Wessex

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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.
 

td97

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To provide an update, last week I finally had a response from them, which only came about after requesting a deadlock letter to take the matter to the ombudsman. In a similar fashion to the anecdote above, LNER have not admitted they were in any way wrong and the resolution offered of compensation to the value of my total journey is as a "gesture of goodwill".

LNER said:
I can see that your journey was split into 3 tickets. Under the National Rail Conditions of Travel (NRCOT), the operator only has to compensate the maximum value due as per their passenger charter.
...
As your tickets were purchased a [sic] 3 individual tickets and not as an overall through journey ... then we do not have to consider or compensate for the other 2 in question. However, in light of your experience and as a gesture of goodwill, I would like to offer the full cost of all the tickets as I understand that you would have missed your second and third journey [sic] due to the initial delay.
 

robbeech

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I’d refuse it and still take it further but appreciate many people wouldn’t be that picky. Glad you were paid but such a shame they’re outright dirty liars. To me that’s dirty money just to get rid of you so they’ll continue to act unlawful until the regulators they help fund open their eyes and actually regulate things.
 

WesternLancer

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I’d refuse it and still take it further but appreciate many people wouldn’t be that picky. Glad you were paid but such a shame they’re outright dirty liars. To me that’s dirty money just to get rid of you so they’ll continue to act unlawful until the regulators they help fund open their eyes and actually regulate things.
If that is not correct interpretation of rules by a DOR provider maybe ask your MP to ask the Secretary of State why their in house contractor is unable to provide the service expected?
 

td97

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To me that’s dirty money just to get rid of you so they’ll continue to act unlawful until the regulators they help fund open their eyes and actually regulate things.
If that is not correct interpretation of rules by a DOR provider maybe ask your MP to ask the Secretary of State why their in house contractor is unable to provide the service expected?
I've recently received an email from the Office of Rail & Road stating
LNER and the industry regulator The Office of Rail and Road are working together to improve the way rail travellers' complaints are handled in future.

They have jointly commissioned this research to find out how satisfied you were with the handling of a complaint you made to LNER.
Since life has become fairly boring of late, I'll be sure to provide ORR with an in-depth account of the contempt LNER displayed towards my complaint.
 
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