How to complain about train journeys (or the lack of them!)

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All you need to know to complain about trains

How to complain when your train is cancelled

If your train is cancelled you are due a full refund of the ticket price paid. If you still wish to travel you should be able to get on the next train then claim as for a delayed journey (see below). If you have a date and time restricted ticket you may not be able to get on a later train. You should check with the station staff before travelling who will be able to advise. If you don’t travel due to the cancellation you are entitled to a full refund of the ticket price paid.

How to complain when your train is delayed

If you don’t want to travel because of the delay then you should be able to get a full refund of the ticket price paid. It is the time of arrival not the time of departure that is considered. Under the National Rail Conditions of Travel you are entitled to 50% refund for a delay of over 60 minutes. However, most companies now operate a “Delay Repay” scheme, providing compensation for these delays regardless of cause. For most of the companies operating this scheme you will get at least 50% refund  current threshold is a delay of 30+ minutes, but a threshold of 15 minutes is being introduced between now and 2020 and at the point of going to print 9 companies have signed up to this.

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You rights if you don’t travel on a train out of choice

If you choose not to take the train journey for which you booked you should be refunded. It could be, for example, that an event to which you were travelling was cancelled so you didn’t want to travel. Or any reason! So long as it wasn’t an advance ticket you should be able to get a refund minus an administration fee. The maximum administration fee that the companies can charge is £10.

Season tickets and your rights when trains are cancelled

Different train companies operate different policies. You will need to check with the relevant company. You will need to submit a claim for each journey rather than a discount at renewal. The amount paid will depend on the specific company’s Passenger Charter.

Consequential loss when your train is delayed or cancelled train

The National Rail Conditions of Travel (NRCT) state that companies are not liable for consequential losses. For example, If you couldn’t make use of a hotel stay or theatre tickets. However, they do state that companies will consider exceptional cases. Since October 1st 2016 the Consumer Rights Act 2015 (CRA) now applies to travel, including trains. Under this act you are entitled to services to be carried out with reasonable skill and care. It would certainly be worth trying to claim using both the CRA and the exceptional circumstances of the NRCT.

On 10 March 2016 the National Rail Conditions of Travel finally removed the warning that operators will not accept liability for a “consequential loss” after delays or cancellations.

In September 2013, The Court of Justice of the European Union ruled that rail passengers are entitled to a partial refund of the price of their train ticket even in poor weather circumstances.

See Rail strikes: Your travel and refund rights for more.

Train strikes your rights Jeremy Vine Channel 5

 

How to claim compensation from train delays and cancellations

If you don’t use your ticket to make all or part of your journey, take the unused ticket to any train company’s ticket office and receive an immediate refund.

For most train companies you can also apply online via the company’s website.

Alternatively you can send the claim to the train company by postal mail. Before you do, take a photo of the tickets just in case they get “lost in the post”!

Make sure you claim within 28 days of the date of travel.

Find your company on the National Rail Enquiries page which will take you to the relevant page.

Morning Live Rail Strikes

Your consequential loss rights when you miss a connection

If you have missed a connecting train due to the cancellation or delay, you can claim a refund for the unused part of the journey should you not go on a later train or have to use an alternative form of transport. You could consider claiming for consequential losses, as above.

Train emergency timetables and your rights

Some train companies run what they describe as an “emergency timetable”. In these instances it is possible that this may affect what you can claim. If you bought your ticket before the new timetable was put in place and decide not to travel then you can claim a full refund, as above. However, should you travel and be delayed then the level of compensation will be based on the timings of trains according to the new timetable.

What to do if you are not satisfied with a response from the rail company

If you think that the response from a train company is unsatisfactory, read the NRCT and the train company’s Passenger Charter which will have the details of the procedure you should follow. If you are still not happy and your journey was outside of London contact Transport Focus. For London (including under and overground) contact London Travel Watch. If after this you are still not happy you can take the matter to the CEO of Transport Focus or of London Travel Watch.

The Rail Ombudsman

The Rail Ombudsman was launched 26 November 2018. Train companies have all signed up to the service and are obliged to abide by the decisions it makes. You must have reached the end of the provider’s complaints procedure before taking the matter to the Rail Ombudsman.

The Rail Ombudsman can accept claims from England, Scotland and Wales.

Although rail companies are bound by the decision of the Rail Ombudsman, you are not. So, if you are not happy with the outcome and believe you have enough evidence to support a claim, you can go to the Small Claims Court.


Train track black and white how to complain about trains cancellations, delays and consequential loss

More help with trains and travel

All you need to know about your consumer rights and travel for more on all travel sectors.

Rail strikes: Your travel and refund rights if you are affected by train strikes and have your train cancelled or delayed you are due refunds/compensation and in some cases consequential loss

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And for everything else to complain about effectively GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

 

 

 

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Want to get better at complaining? See 101 Habits of an Effective Complainer.

 

 

 

 

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Save yourself time and effort finding the laws and wording a letter of complaint. Download a template, fill in your details and get that redress

Purchase downloadable templates to gain redress.

 

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1 Comment. Leave new

  • Jeonine Storey
    30 May 2022 21:04

    Since last week the trainpennine train has been cancelled and delayed, when we on board the ticker operator don’t even border to check or scan our tickets. This is not the time to strike, everyone is struggling at this time and we have to be more appreciative as we still have the job to pay bills.
    Because of the delay, many of us have been late to work.

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