12

My Virgin Trains train (UK) was cancelled, as were two others in the same direction.
With the next available train, I would have arrived at my destination with 40 minutes delay, but as I arrived at the platform I was denied boarding because the train was full.
The train after permitted me to board (I had learned my lesson and ran in order to board before others), and I arrived with 90 minutes delay.

I suppose this means I am entitled to a 100% refund of the single fare, but how do I claim this?
There is no place for comments in the delay repay form, and they're likely to consider my delay was 40 rather than 90 minutes, as was the case for many others booked on the same train as me.
I have filled the delay repay form and then e-mailed Customer.Relations@virgintrains.co.uk with the additional information.
Is there anything else to do under those circumstances?

Are there any regulations about rights in case of denied boarding due to overcrowded trains?
Does "train was overcrowded, passengers left behind on platform" get registered in the company's system?


Edit 2017-10-20: Virgin Trains West Coast have processed my claim and state I am only entitled to a 50% delay repay, but I have replied describing the situation, and that I believe I am entitled to a 100% refund.


Edit 2017-10-23, morning: After my complaints, Virgin Trains West Coast have promised to “get this looked in to and rectified for you”. Let's see what happens next.


Edit 2017-10-23, evening: I have now received confirmation that I will receive the full refund.

  • 1
    Is this Virgin Trains East Coast or Virgin Trains (West Coast)? They're separate companies. You should definitely be entitled to a full refund. – gsnedders Sep 29 '17 at 16:03
  • I don't think you need to prove the 90 minutes delay. You need to mention it. From my history of applying delay repay with Southern(almost daily), I was never asked to prove my delay. Then Southern aren't known to be ToC running their trains on time. – DumbCoder Sep 29 '17 at 16:27
  • @gsnedders Virgin Trains West Coast. I agree that I'm entitled to it, but I don't know if they take my word for it when I claim my delay, or if they might argue that the next departing train after the cancelled one would have gotten me there with <60 minutes delay. – gerrit Sep 29 '17 at 17:29
  • 2
    Good freaking luck with this - I was once delayed by 8 hours, with station announcers deliberately lying to passengers (there was an opportunity to take an alternative train after 4 hours, we were told that if we had tickets on the original train that that train would be in directly after the alternative train left - the alternative left, and the original immediately had another hour delay posted). I complained, they totally ignored my complaint, several times. Virgin Trains are appalling. – Moo Sep 29 '17 at 21:05
  • 1
    Usually I would not use the form for issues like this, and just head straight to customer services. If their form is too inflexible, they can bloody well read prose. You are absolutely entitled to it. Take it to Transport Focus if they piss you about. – Muzer Oct 23 '17 at 16:21
4

Since this is still unanswered, even though gerrit has solved their problem, I'll summarise the comments so far into an answer for those who may have similar questions in the future.

Yes, you are entitled to compensation in such a circumstance. The Conditions of Travel do not distinguish between you being delayed because of a late or cancelled train and you being delayed because of being unable to board a train; as long as the delay is caused by the railway (which it was in this case).

Condition 32.1:

Where your journey is delayed or cancelled, you may be entitled to compensation. The amount that you are due will vary by Train Company and is set out in each Train Company’s Passenger’s Charter.

(Note the use of the word "journey" and not "train").

For circumstances like this I would tend to skip the delay repay form and head straight to the free-form text contact form or customer services email address. Give all the information the form asks for, obviously, but make sure you make it clear to someone skim-reading that you were delayed for longer due to the denied boarding.

Finally, if customer services remain uncooperative, you should complain to Transport Focus, whose job it is to sort out complaints like this.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.