Missed last bus

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Missed last bus 12/03/2011 at 00:13 #2579
GeoffM
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This is kind of new to me. Booked on a train which eventually arrived about 20 late. This meant I missed the last bus which I would have had plenty of time to catch had the train been on time. Bloke on duty at the destination pretty much said that as the rail portion had been completed, I was on my own. Cue a £12.50 taxi ride home and I'm not happy at all. Was he right?

I have names and receipts.

SimSig Boss
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Missed last bus 12/03/2011 at 00:13 #14016
GeoffM
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This is kind of new to me. Booked on a train which eventually arrived about 20 late. This meant I missed the last bus which I would have had plenty of time to catch had the train been on time. Bloke on duty at the destination pretty much said that as the rail portion had been completed, I was on my own. Cue a £12.50 taxi ride home and I'm not happy at all. Was he right?

I have names and receipts.

SimSig Boss
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Missed last bus 12/03/2011 at 00:23 #14017
JamesN
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Rail replacement or regular service?
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Missed last bus 12/03/2011 at 00:30 #14018
GeoffM
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Normal scheduled rail service. Penultimate service.
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Missed last bus 12/03/2011 at 01:31 #14019
postal
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Geoff

Have a look at Paras 42 to 45 of the National Rail Conditions of Carriage. That seems to indicate that the jobsworth was right within the letter of the law. However, Para 43 may give you a bit of leverage towards a goodwill payment. I know of at least one instance where the TOC has paid the same sort of taxi fare for similar lateness as early as 18:30 as there was a connection at the scheduled time to the last bus at 18:17 (one of the joys of living in a rural part of the world!). Probably worth following it up with the TOC.

JG

“In life, there is always someone out there, who won’t like you, for whatever reason, don’t let the insecurities in their lives affect yours.” – Rashida Rowe
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Missed last bus 12/03/2011 at 05:10 #14020
John
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Definitely worth writing to the TOC. We've had several instances of this sort of thing at Victoria. Normally we would order a taxi through our account, but if theres a long wait involved, we advise the customer to obtain a receipt and send it in the customer services.
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Missed last bus 12/03/2011 at 09:01 #14023
Peter Bennet
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Some train booking sites provide for "plus-bus" tickets, wonder if that would make any difference to the TOC's position.

But as it stands I think, as others have said, your best bet is goodwill. Having said that there's no reason why you could not explore the possibility of a small claims court claim, not sure exactly what the grounds would be and what the legal obstacles are. However, it's highly likely it's been tried before and to what end I don't know.

Peter

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Missed last bus 12/03/2011 at 11:52 #14025
TomOF
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I'm basically with pete, I'm afraid. Unless the Bus was booked part of your journey then I don't see why the train company has an obligation to get you home, however goodwill seems the best route.
I had to stay up all night in the mostly open air Nottingham bus station after the rail replacement bus departed 2 minutes early - no passengers had boarded. I was refused a taxi on the basis that I didn't have a ticket (no chance to buy one!). Unsurprisingly, I was ill as a result. Worst of all was the station manager saying 'yes he's been reprimanded for that before'.

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Missed last bus 12/03/2011 at 13:47 #14026
GeoffM
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I'll write to FGW and see what they say. The way I look at it is FGW directly caused me financial loss by their own actions. Okay, only £12.50 but that's not the point. I guess I'm also surprised as I'd never been denied assistance before on the few occasions I've asked for it, albeit at Bath rather than Swindon - maybe they're more lenient at the former.
SimSig Boss
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Missed last bus 12/03/2011 at 17:23 #14031
J5flyer
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I agree with you Geoff, they failed to get you there at the advertised time and should be at fault. If the train was only 5 minutes late then I would probably say your connection was too tight, but the fact that the service was 20 minutes late and caused you to miss your onward transport the TOC should be willing to pay compensation in my opinion, otherwise where do you draw the line between what is acceptable and what is not? It will be interesting to see what they say. If they were not directly responsible then you would still expect them to chase down who is and still compensate any inconvenienced passengers.

James

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Missed last bus 13/03/2011 at 01:10 #14034
BarryM
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Another point. If it is the last bus, is the bus timetabled to connect with this train?

Barry

Barry, Sydney, New South Wales, Australia
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Missed last bus 13/03/2011 at 11:00 #14035
GeoffM
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BarryM said:
Another point. If it is the last bus, is the bus timetabled to connect with this train?
Unfortunately not. Independent companies.

SimSig Boss
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Missed last bus 13/03/2011 at 12:58 #14040
BarryM
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GeoffM said:
Unfortunately not. Independent companies
Aren't they Government regulated? Obviously the bus company does not have any customer service when it comes to the last service for the day from railway stations.

Barry, Sydney, New South Wales, Australia
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Missed last bus 13/03/2011 at 13:17 #14041
GoodbyeMrFish
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as was said before in this thread i think the only thing to try is good will from the train operator, however as far as they are concerned they got you to your final destination as on the ticket be a bit late. so dont be too suprised if nothing happens. its not like getting a national express coach to victoria then miss connection for another national express coach, if that happens they pay for the taxi to your destination. for me that was victoria to bristol. quite expensive for them. why was the train delayed was it something the operator did or was it out of there control?
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Missed last bus 13/03/2011 at 17:49 #14043
GeoffM
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GoodbyeMrFish said:
why was the train delayed was it something the operator did or was it out of there control?
Lack of driver, late inbound service due to technical problems on the train.

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Missed last bus 13/03/2011 at 18:07 #14045
UKTrainMan
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Having read through the various posts in this thread, I would agree with those who say you should take this up with the TOC as it does sound like they were responsible for this in some way or other. Personally I'd ask for at least some of the taxi fare to be given by way of a cheque or bank transfer (probably the former). Perhaps you could get them to pay for the difference between the taxi fare and the bus fare, which seems reasonable enough to me.

If that doesn't work then I would suggest having a look at 'Consumer champions' from The Guardian as they may be able to assist in this case. Alternatively, my recent call to Consumer Direct was very productive and I've found out that a certain major, national and very well known retailer I had made a purchase from recently has committed a breach of contract, which I had suspected anyway, so I'll be writing them a letter as a result - with help from Consumer Direct who have even gone as far as to kindly describe how the letter should be laid out/written/presented.

Hope this helps and good luck!

Any views and / or opinions expressed by myself are from me personally and do not represent those of any company I either work for or am a consultant for.
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Missed last bus 13/03/2011 at 19:22 #14046
Peter Bennet
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I think it's a fact of "railway law" that all they are liable for is to get you to your station within x minutes of due time and compensation is governed by that. What I'd suggest is that there is possibly an argument that some sort of tortious (wrong) liability arises.

Looks like there were plans to extend the legal liability but they seem to have stalled (given they were driven by the EU I'd not be in favour of them anyway - interfering busy-bodies).

Peter

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Missed last bus 18/03/2011 at 16:00 #14085
ralphjwchadkirk
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The Rail company have fufilled their contract. You paid to go from A to B, you've gone from A to B. The delay can be claimed for if it is a substantial delay caused by the rail company. If the delay was caused by, say, a lineside fire, then they do not have to pay compensation.

It may feel hard done by, but their in the right here.

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Missed last bus 18/03/2011 at 16:16 #14086
Peter Bennet
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There are a lot of variations in the terms of compensation between TOCs.

FCC's delay repay forks out regardless of reason/fault but does not extend to consequential loss. Refund is based on a factor of the total ticket cost- so if I use my annual Biggleswade to London +TC season just on a short hop to Stevenage on Saturday it's the same compensation paid as if I'd gone all the way to Westminster.

However, LUL only pay the equivalent of the corresponding Oyster fare for the journey actually done by tube with the same season ticket.

East Coast pay up for the full return journey - even if on 2x singles - if you are over 2 hours late on either leg.

The scenario I've not go bottomed out yet is, if you are travelling on a string of connecting trains and no train is more than say 20 minutes late but by the end of your journey you are over an hour late because of missed connections or whatever who do you claim from?

Peter

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Missed last bus 18/03/2011 at 19:41 #14090
GeoffM
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ralphjwchadkirk said:
The Rail company have fufilled their contract. You paid to go from A to B, you've gone from A to B. The delay can be claimed for if it is a substantial delay caused by the rail company. If the delay was caused by, say, a lineside fire, then they do not have to pay compensation.
You appear to have missed earlier posts where all this has been explained.

ralphjwchadkirk said:
It may feel hard done by, but their [sic] in the right here.
They're in the legal right, but not the moral right. If enough customers complained then perhaps they might consider differently.

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Missed last bus 20/03/2011 at 14:14 #14108
ralphjwchadkirk
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GeoffM said:
They're in the legal right, but not the moral right. If enough customers complained then perhaps they might consider differently.

Morals are separated from law. That's a fundamental principle of the legal system.

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Missed last bus 20/03/2011 at 14:40 #14110
Chrisrail
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Unless the Bus service was a Rail Replacement I fear that you are stuffed . Unless it is an advertised connection then there is no obligation to pay compensation. The TOC will get you to your destination not your home. I had an instance with Central Trains. The train was running late and I knew that we were going to miss our connection at Sheffield for the last train to Derby. I found the "Train Manager" and asked him if we were going to make the connection. He had no idea where we were but said yes. I returned to my seat and phoned Central control and told them about what the TM had said. Arrive Sheffield taxi waiting for Mr Law to Derby but the taxi would only drop us at the Railway Station even though he pased 200m from where I could have been dropped. Had to get home via the pub !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Missed last bus 20/03/2011 at 16:01 #14117
Noisynoel
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Chrisrail said:
Had to get home via the pub !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The hardships we have to endure!

Noisynoel
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Missed last bus 20/03/2011 at 17:33 #14125
GeoffM
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ralphjwchadkirk said:
GeoffM said:
They're in the legal right, but not the moral right. If enough customers complained then perhaps they might consider differently.

Morals are separated from law. That's a fundamental principle of the legal system.
Let me explain the difference here. The powers-that-be set down a minimum standard that TOCs must adhere to in order to fulfil their legal (if that's the right word) obligations. But most, if not all, TOCs go above and beyond that minimum standard and thus provide a morally better than minimum standard. Whether that's soft drinks during delays or soft furnishings on their trains, that's their choice. In my case they choose not to assist delayed passengers regardless of consequeential lostt - again, that's their choice. Not a morally good choice, but they fulfil their legal obligations so they're happy.

But are the passengers happy?

I'm not the sort of person that sits back and lets situations like this carry on without a fight. If the majority of people are happy then fair enough. But if enough people complain then they should be re-thinking their strategy.

My original question has already been answered and I am fully aware of the situation as it exists today. Without asking I would not have known. And it is this latter aspect that some unscrupulous companies use to their advantage (cue my Sale of Goods Act "fight" with a well known electrical retailer which would have lost me £300+ had I not found out my legal rights by asking the question).

Chrisrail said:
I returned to my seat and phoned Central control and told them about what the TM had said. Arrive Sheffield taxi waiting for Mr Law to Derby
"Perk" of the job?

SimSig Boss
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Missed last bus 20/03/2011 at 18:11 #14128
Noisynoel
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GeoffM said:
Chrisrail said:
I returned to my seat and phoned Central control and told them about what the TM had said. Arrive Sheffield taxi waiting for Mr Law to Derby
"Perk" of the job?
You'd never catch me ringing control to tell them to divert a set of enginesto pick me up in the snow !

Noisynoel
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