Rejected Train Claim

Car2oon

So I suffered a two hour delay to my journey on Arriva Wales. As I always do I submitted by refund as I was delayed by more than 30 minutes. However for the first time it's been rejected! There reason for the delay is there weren't enough trains available and then have said that it was beyond their control so they won't pay. Do I have a right of appeal? I've never been rejected before so I haven't gone down this road before. There rejection copied and pasted below. Would love some advice.



"[FONT=&quot]I am sorry to learn that your journey was disrupted, and that you were caused a delay as a result. I confirm that your train was delayed due to more trains than usual needing repairs at the same time.[/FONT] [FONT=&quot]Please be assured that we are committed to operating a punctual and reliable train service on all our routes. We regularly review and monitor the cause of all delays to our trains and ensure that appropriate measures are put in place to reduce these instances wherever this is possible. [/FONT]
[FONT=&quot]Our Passenger’s Charter entitles customers to compensation if there was significant disruption to their rail journey and it was within the control of the railway industry. Our compensation scheme for delayed journeys is outlined in our Passenger’s Charter. If you would like to read more about this it can be viewed on our website [/FONT][FONT=&quot]or a copy can be picked up from any of our staffed stations.[/FONT]
[FONT=&quot]As the cause of this disruption was entirely outside of our control, there is unfortunately no entitlement to any compensation in this instance. I am very sorry for any disappointment that this may cause."[/FONT]

Lucky_Duck_2

I'm unclear how not having enough rolling stock is entirely outside of their control.

In the past I have successfully argued against rejections or too low payments of 'delay repay' with other Train Operating Companies so I would be tempted to write back pointing this out.

Voyager2002

This is the official body for you to contact...

https://www.transportfocus.org.uk/advice-and-complaints/

I would also suggest a note to your MP: after all, Arriva has a legal duty to run the services for which they hold a franchise, and their failure to invest in adequate equipment and trained staff does not release them from this obligation.

KeithP

They say:

Our Passenger’s Charter entitles customers to compensation if there was significant disruption to their rail journey and it was within the control of the railway industry.

How on earth can...

...your train was delayed due to more trains than usual needing repairs at the same time.

...be outside the control of the railway industry?

daveyjp

OP what are the full journey details, type of ticket, route and operators, including where and when the delay occured.

Stoke

KeithP wrote: »

They say:

How on earth can...

...be outside the control of the railway industry?

Because everything is an act of god. You see, when a train breaks down because it's not been maintained correctly, it's an act of god. Totally random. You'd never have seen it coming, much like that parked car someone run into the back of today. Came out of nowhere. Also, like when you run a car with no oil, they always seem to bang and seize up..... Totally an act of god. It's like roulette I tell you.

The train companies are a disgrace and I'll admit I have probably an irrational hatred ever since they kicked me (and about 100 other people) off a train in the middle of nowhere in December 2016, late at night in the cold, due to maintenance issues. Not only did I have to sort my own travel home at my expense, I wasn't even given a refund for the original ticket. They just strung me along and eventually stopped replying to my e-mails and ignored my request....

Ultimately, they won the battle, I won the war. Their dishonesty cost them a lot more than it would have, had they just refunded me the ticket.

unforeseen

KeithP wrote: »

They say:

How on earth can...

...your train was delayed due to more trains than usual needing repairs at the same time.

...be outside the control of the railway industry?

Because Arriva Train Wales franchise ended on the 13th October so at a guess they stopped repairs on their trains before this as they would get little return on their repair outlay.

ic

I've found Northern like to reject one in ten of my claims - but they've always paid up on appeal. I think they just try it on. I was told a claim was rejected simply because they didn't "feel" I'd completed all the details. When I asked if they could define what I hadn't filled in (given I'd completed every field in the form), they just paid up.

Kite2010

It might be worthing posting this on Rail UK (https://www.railforums.co.uk/forums/disputes-prosecutions.152/) where some experts might help you out with the claim.

Stoke

ic wrote: »

I've found Northern like to reject one in ten of my claims - but they've always paid up on appeal. I think they just try it on. I was told a claim was rejected simply because they didn't "feel" I'd completed all the details. When I asked if they could define what I hadn't filled in (given I'd completed every field in the form), they just paid up.

It was Northern who booted me off the train in December. Absolute shysters.

Niv

I had a claim rejected because the train was only late by 56mins as opposed to an hour. From the times i recorded it was more like 1hr 10mins but what can you do...