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

EdGasket

There were signalling problems at Portsmouth and Southsea; all within their control. What I was saying was that a 15 minute delay does not equate to “extenuating circumstances” which I would take to be something like someone being taken illl on the train, a fire, or a fatality BUT not 15 mins late for goodness sake.

gazapc

However that train being 15 minutes late could easily lead to further delays down the line and the trains following it also being delayed and crews and diagrams not being in the right location at the right time leading to even further delays. This is particularly a oproblem on busy commuter lines where gaps between trains are low or where high speed and stopping services share the track. On a busy line several trains could be impacted directly by even a 15 minutes delay.

As mentioned above, it's not an ideal situation but is used for the 'greater good'

Signalling I not controlled by the TOC but by the publicly owned Network Rail. We don't know the cause of those signalling problems.

cookie365

EdGasket wrote: »

42c:

"This Condition 42 sets out the entire liability of the relevant Train Companies in relation to delays, cancellations and poor service. Except as shown in this Condition 42, the Train Companies do not accept liability for any loss (including consequential loss) caused by the delay and/or cancellation of any train. However, they will consider additional claims in exceptional circumstances."

That doesn't mean that they haven't broken their contract. I think they are talking about other losses than the cost of the ticket here; otherwise 42c would negate any need to ever refund anyone as it includes delays and they already agree to make a refund if you are over an hour delayed.

It means exactly what it says. Entire liability.

EdGasket

cookie365 wrote: »

It means exactly what it says. Entire liability.

Why do they ever refund any ticket then?

xHannahx

EdGasket wrote: »

There were signalling problems at Portsmouth and Southsea; all within their control. What I was saying was that a 15 minute delay does not equate to “extenuating circumstances” which I would take to be something like someone being taken illl on the train, a fire, or a fatality BUT not 15 mins late for goodness sake.

Signalling is nothing to do with the TOC and they have no control over signalling.
The joys of a broken up private network.

I understand that TOCs are fined and statistics are based on their arrival time at the end destination. The penalty for skipping a stop is minor compared to late arrival at destination. However the TOC would not be liable for the financial penalty where the delay is attributed to signalling. That penalty would be issued against the signalling which I believe will be network rail.

cookie365

EdGasket wrote: »

Why do they ever refund any ticket then?

Because 42(b) says so.

yorkie2

EdGasket wrote: »

There were signalling problems at Portsmouth and Southsea; all within their control. What I was saying was that a 15 minute delay does not equate to “extenuating circumstances” which I would take to be something like someone being taken illl on the train, a fire, or a fatality BUT not 15 mins late for goodness sake.

Signalling problems is no more within SWT's control than traffic light problems are within a bus company's control.

A 15 minute delay may well mean a train skips stations; did you read my post? If it did not do that, it would have crawled along the slow lines behind the all-stoppers, and arrived at Waterloo even later, and would have resulted in a severe delay or cancellation on the next diagrammed service.

Are you prepared to tell us exactly what train it was? If not, we can only assume it was the absolute correct decision for the reasons described above.

EdGasket

No reply at all from [EMAIL="customerrelations@swtrains.co.uk"]customerrelations@swtrains.co.uk[/EMAIL]; so how do I escalate this?

wealdroam

EdGasket wrote: »

No reply at all from [EMAIL="customerrelations@swtrains.co.uk"]customerrelations@swtrains.co.uk[/EMAIL]; so how do I escalate this?

Read the guidance offered by Transport Focus.

EdGasket

OK well the first thing it says is:

Have you received a full response?
If not, please wait until you have received a full response from the train company

So how long am I supposed to wait? I have forwarded my complaint again today pointing it it has been three weeks since the original was emailed with no reply to date. I have looked but can't find any timeframe given for a maximum wait for a reply. As they will only refund daily tickets if the claim is processed within one month of the ticket date then it is a bit rich of them to not even acknowledge the complaint in that time.