Can I take tfl to Small Claims Court?

creeping_future

Hello there,

I recently moved in an area which is only served by the overground. The issue is, due to strikes, the so called "snow", their famous "planned engineering works" and whatever excuse they come up with, I have been able to take the overground only two or three times. This has resulted in me not being able to go to work. 

I have had to call in sick twice already because of this, and on the 26th it will be the third time (in a month) that I won't be able to go to work.

Even today, I found out the last train to central London was gone, and i didn't know anything about it as tfl did not even care to send an email about it.

My question is, can I take tfl to small claims court and recoup the money I'm missing by not going to work? This is getting beyond ridiculous now 

Please advise, anything will help me understand.

Thanks

onashoestring

creeping_future said:

…..

My question is, can I take tfl to small claims court and recoup the money I'm missing by not going to work? This is getting beyond ridiculous now 

No you can’t.

You can talk to your employer about making a reasonable adjustment if your work is something that could be done from home .

You can research alternative transport options .( bus, bike, car sharing ? ) 

JReacher1

I would worry more about the fact you are calling in sick and basically lying to your employer. That is not a great idea. 

creeping_future

onashoestring said:

creeping_future said:

…..

My question is, can I take tfl to small claims court and recoup the money I'm missing by not going to work? This is getting beyond ridiculous now 

No you can’t.

You can talk to your employer about making a reasonable adjustment if your work is something that could be done from home .

You can research alternative transport options .( bus, bike, car sharing ? ) 

I can't work from home, and although I my superiors understand the situation, it's frustrating not to be able to go to work for something I cannot control. I don't have a car, so that's not an option. Also, I live in Hertfordshire so bike is not an option either. 

Tfl are getting ridiculous for real. In the whole month of December I've been able to take the overground literally 3 times. 

JReacher1 said:

I would worry more about the fact you are calling in sick and basically lying to your employer. That is not a great idea. 

Calling in sick = calling them and say "I cannot come because there's no trains". Are you less worried now that it's clearer (I hope)? 

JReacher1

JReacher1 said:

I would worry more about the fact you are calling in sick and basically lying to your employer. That is not a great idea. 

Calling in sick = calling them and say "I cannot come because there's no trains". Are you less worried now that it's clearer (I hope)? 

Yes that's fine as you're not calling in sick.  Maybe its a north/south thing but not heard that used in the context you've used it   

martindow

If you could give your location in Hertfordshire, others might be able to suggest alternative routes and lines that could be more reliable.

onashoestring

onashoestring said:….

You can research alternative transport options .( bus, bike, car sharing ? ) 

creeping_future said:….

I don't have a car, so that's not an option.

You don’t need a car to car share . Join a local group to find someone that travels the same journey and split the cost of a taxi ( or if they have a car - the fuel ) with them. 

https://liftshare.com/uk/community/hertfordshire

creeping_future

onashoestring said:

onashoestring said:….

You can research alternative transport options .( bus, bike, car sharing ? ) 

creeping_future said:….

I don't have a car, so that's not an option.

You don’t need a car to car share . Join a local group to find someone that travels the same journey and split the cost of a taxi ( or if they have a car - the fuel ) with them. 

https://liftshare.com/uk/community/hertfordshire

Thanks for the link.

So do I really stand no chance if I take them so small claims court? And why? After all, am I not suffering because of their decision, cancellations or whatever that is? I haven't been able to go to work for a few times in Dec only, plus the stress I've had from reorganizing last week because of their "planned works" (even tho I'd hear trains from other companies using the same platforms at my station), where I've had to take 3 buses and 3 underground trains to get to works and even with that I would always get late, so more money lost as well... 

Apologies for any mistakes made (I'm not British). I don't know if my messge comes across as a complaint, but it's not. I'm just trying to understand here. Thanks.

onashoestring

I understand your frustration along with the thousands of other passengers who have been negatively impacted . 

The small claims court (SCC) process is for recovering money that someone legally owes you . It is not for compensation for “suffering” or “stress”. You need a legal basis to make a successful claim at SCC.

If you have purchased a ticket for a train journey which was later cancelled then you are legally entitled to a full refund of the ticket.  
You are not however entitled to claim for indirect / consequential losses. ( which is the loss of earnings in your case ) .

If you have purchased a season ticket and you have not been able to travel on strike days you can claim a daily refund through “delay repay”.

To summarise you are entitled to a full refund of tickets purchased for cancelled trains. You are not owed anything else . Therefore you do not have a valid claim to take to SCC.

surreysaver

Why can't you cycle? I used to cycle from Surrey into Central London, probably a similar distance to where you are in Hertfordshire.
The only part of Hertfordshire the Overground goes to is Watford, and there are alternatives there - buses and other National Rail trains

user1977

creeping_future said:

onashoestring said:

onashoestring said:….

You can research alternative transport options .( bus, bike, car sharing ? ) 

creeping_future said:….

I don't have a car, so that's not an option.

You don’t need a car to car share . Join a local group to find someone that travels the same journey and split the cost of a taxi ( or if they have a car - the fuel ) with them. 

https://liftshare.com/uk/community/hertfordshire

Apologies for any mistakes made (I'm not British).

Are you saying that you’re from a country where people can sue the public transport providers for such losses?