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SIX train operators are not giving passengers the correct advice on whether they can claim consequential losses, according to consumer watchdog Which?
It follows a change in March in the National Rail Conditions of Travel, giving passengers the right to claim for losses incurred when they are forced to make alternative travel arrangements, such as paying for a taxi when the last train of the day is cancelled.
Which? made two calls to 26 train operators, asking if an elderly friend or relative was eligible for compensation in such circumstances. Half of the train companies gave the correct advice on each call, but the remaining 13 either gave inconsistent or inaccurate advice.
Southern, Gatwick Express, Great Western Railway, Northern, South Western Railway, TransPennine Express, East Midlands Trains, London North Western, TfL Rail, c2c, Virgin Trains East Coast, Merseyrail and Heathrow Connect all gave the correct advice.
However, Which? says ScotRail, Greater Anglia, Grand Central, Stansted Express, CrossCountry and Heathrow Express gave incorrect answers.
Meanwhile, Thameslink/Greater Northern, Chiltern, Southeastern, West Midlands Trains, Arriva Trains Wales and Virgin West Coast were inconsistent, with one call eliciting the correct information and the other either incorrect or “vague and unhelpful” answers.
Nevertheless, this marks an improvement over an earlier exercise carried out by Which? in March, when just five train operators gave the correct information consistently.
The accuracy and quality of information on train operators’ websites were also criticised, with Which? claiming that most “were simply silent on the issue, failing to provide any information on when they would consider a claim”.
Which? Managing Director of Public Markets Alex Hayman accused train operators of “treating their passengers with breathtaking disregard”, adding: “They have been warned time and again about their duties to ensure their passengers are getting the money they are owed when they fail to deliver, yet they fail to act until forced.
“The regulator must now start showing some teeth and take immediate enforcement action, or the Government has no choice but to step in and stand up for passengers and their rights.”
Passenger Focus Chief Executive Anthony Smith said: “Passengers have a right to claim for any loss that they have suffered as a result of a train company’s failure to provide services. A claim should be paid out if the train company failed to provide services with reasonable care and skill.
“If, following the cancellation of a train or trains, particularly late at night, replacement transport is not provided then passengers may well have a good case for compensation if they have to take a taxi.
“We help thousands of passengers each year with their complaints and secure thousands of pounds in compensation for passengers.
“Train companies must ensure the advice they give passengers reflects the law, particularly since the Consumer Right Act came into force.” ■ Greater Anglia has improved the process for passengers to gain compensation, by introducing a faster Delay Repay system that remembers a passenger’s details and refund preferences.
The operator is also exploring whether to extend Delay Repay to delays between 15 and 30 minutes, which is not part of the GA franchise commitment.