Delayed again? Then take your train company to court
LEAVES on the line is just one of the many excuses we can expect this autumn for train delays – but it will at least be easier to claim compensation for hold-ups. From the start of next month, under the Consumer Rights Act, passengers will be able to ask for their money back by going to a local county court if they are not happy with the way a rail operator has dealt with their request for compensation.
Long-suffering commuters will also be allowed to demand that compensation is paid in cash rather than train vouchers.
Under existing guidelines most train operators only offer a ‘delay repay’ deal which allows passengers to claim the cost of half a single journey for delays of more than half an hour – or the full one-way ticket price if held up for over an hour. It is only if a train is cancelled, or a vital connection missed, that a full refund of a return journey will be paid.
These refunds are not automatic – you must fill in a form first – and they are currently paid in train journey vouchers.
The new rules will allow passengers to demand all their money back if they believe the compensation offered is inadequate – or they believe they deserve a full refund as the service fell well short of what they had expected.
This could include being a victim of severe overcrowding caused by a rail operator not offering sufficient carriages.
Mike Hewitson, head of policy at consumer group Transport Focus, says: ‘The question you must ask yourself is, “Would I have bought this service had I known that?”.
‘If the answer is “No” you are likely to have a case under the Consumer Rights Act. But until the law has been tested it is hard to say just how far courts will go in supporting claims.’
He adds: ‘If you regularly face delays – even if it is less than half an hour – then the train operator may also have to pay compensation as the service falls below what is expected. It is not just delays but quality of service that could be included – such as overcrowded trains caused by the number of carriages suddenly being dropped or a poor bus replacement service if trains stop running.’
The changes are coming in to force following a Department for Transport decision last week to cancel an exemption for train travel that was originally included in the Consumer Rights Act 2015.
The act already covers shoppers and states goods and services ‘must be of satisfactory quality, fit for purpose and as described’. If not, customers can demand a full refund if claiming within 30 days.
From next month, if you are not happy with a train company’s service you can take your complaint to the local county court. Details of how you can do this are on the Gov. uk website but you will initially have to pay £25 for an online application if you are demanding compensation of up to £300. If you lose the case you may not get back this court fee.
Train operators have already conceded they will now have to pay any compensation in cash rather than vouchers if a passenger demands this.
Whether train companies will be liable to pay more in compensation than is currently offered under the ‘delay repay’ scheme is still uncertain – as county courts may deem current compensation to be adequate recompense.
A spokesman for the Rail Delivery Group – which represents train operators – says: ‘Train companies already make compensation available beyond what they are required to under consumer law. But we now want to give our customers an even better deal.
‘We are looking at ways to make it simpler and quicker for people to get compensation to which they are entitled to in cash.’
Delayed passengers that use services such as strike-blighted Southern Railway, which has one of the worst punctuality records, could be among the first to benefit from the new Act.
One in five of all the trains run by Govia Thameslink Railway – owner of Southern Railway – were more than five minutes late in the past 12 months, with one in 20 cancelled.
A spokesman for the Department for Transport says: ‘Where a service has not been provided with reasonable skill and care, passengers will now have a right to a refund of up to the full ticket price rather than up to the cap imposed by the train operators’ compensation schemes.’