Train not stopping at advertised station; can I Get a refund?

EdGasket

No I didn't. If the train arrives on time and actually stops at the station advertised then I get to work on time. What would leaving 15 minutes earlier achieve? Nothing. There is only one direct train in the morning that leaves at 07:33. Another pointless post.

I have emailed my complaint to SW trains; that they did not provide the advertised service and are in breach of contract and I would like a full refund. I will post any reply here.

wealdroam

EdGasket wrote: »

I have emailed my complaint to SW trains; that they did not provide the advertised service and are in breach of contract and I would like a full refund. I will post any reply here.

I thought you had a contract to get to you to your destination.
Did they not do that?

Or did you have a contract to get you to your destination at a particular time?

masterlumps

cookie365 wrote: »

I don't think that's what the OP said at all.

Apologies OP I misread. However I do think if the problem is regular then you should probably rethink your transport anyway.

EdGasket

masterlumps wrote: »

Apologies OP I misread. However I do think if the problem is regular then you should probably rethink your transport anyway.

Yes I drive in most days as its half the price of a train even in a Merc.

wealdroam - The 'contract', if one exists, was that in return for an extortionate sum, SW trains would take me from A to B at the advertised times making the advertised stops. I can accept that trains are sometimes unavoidably delayed but what I do not accept is that they then make a poor situation worse by not stopping at the advertised stops. I bought the ticket on the basis that I could get on a particular train at station A that was advertised to stop at station B with no changes and hopefully minimal delay. Had I known in advance that I would have to change and that a 1 hour 20 journey would be a 2 hour 20 journey, I would not have bought the ticket.

Maybe they are free to advertise a service to various stations and having sold tickets, not stop at those stations with impunity, I don't know but that is what I want to find out.

wealdroam

EdGasket wrote: »

wealdroam - The 'contract', if one exists...

Oh yes, a contract certainly exists.

Your starting point may be to look at what you agreed when buying your ticket.

National Rail Conditions of Carriage

EdGasket

Well under section 7 it says:

"Train Company’s responsibilities
The Train Company whose trains you have the right to use, or who has agreed to provide you with any other goods or services, is responsible for providing the goods or services it has agreed to provide."

They agreed to take me from A to B on said service. Then once on said service they decided not to stop at station B. So I would say they have not provided the 'services it has agreed to provide.'

Would that be a correct interpretation?

wealdroam

EdGasket wrote: »

Well under section 7 it says:

"Train Company’s responsibilities
The Train Company whose trains you have the right to use, or who has agreed to provide you with any other goods or services, is responsible for providing the goods or services it has agreed to provide."

They agreed to take me from A to B on said service. Then once on said service they decided not to stop at station B. So I would say they have not provided the 'services it has agreed to provide.'

Would that be a correct interpretation?

You would need a lawyer to answer that question, but as I can see nothing there about a particular train, my opinion is that by getting you there they have fulfilled their part of the bargain.

Were you travelling on an Advance Single ticket?
If so, then I believe time is important as they can only be used on the specified train.

But I am not a lawyer.

EdGasket

I'll see what they (SW Trains) say but give them some grief over section 7. Obviously not worth paying a lawyer to get fat over it and I don't think even a small claim can be started if the disputed amount is less than £100.

It was a standard return ticket.

yorkie2

Compensation is due if the delay causes you to be an hour late.

As for the question of whether they should be doing this, the answer is: probably. However unless details of the train are provided, it's not possible to have much of a meaningful discussion about it, other than to say it does cost them money and counts against their PPM figures, so they will only do this if there is an overall benefit. There will always be winners and losers!

wealdroam

EdGasket wrote: »

...I don't think even a small claim can be started if the disputed amount is less than £100.

There is no minimum, but obviously there is a point where it's not worth the effort or not worth wasting the court's time.