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Unread 20-04-2015, 09:37   #1
Padna
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Default Compensation following service cancellation

I have an annual Dundalk-Belfast ticket issued by Irish Rail. Cross-border services did not operate on Friday 13 March due to industrial action by Translink staff. I send off a compensation application (for two single journeys) to Irish Rail in Connolly Station on Tuesday 24 March and received Irish Rail vouchers to the value of 7 in the post the other day.

There are two things about which I'm unhappy:

(1) I requested a cash refund on the application form and I believe I was entitled to this under EU legislation. Vouchers are of little use to an annual ticket holder who doesn't use the train apart from his regular commute.

(2) The value of the compensation (7) seems too low given the price of the annual ticket (2340). It seems they may have divided 2340 by 365, but how many annual ticket holders travel every single day? Nor do I receive any tax relief on this ticket, so some reduction in the compensation to allow for tax relief on the ticket shouldn't be a factor.

I tried to call 01 7032601 this morning to query/complain but the phone just rings out eventually, regardless of whether I select option 3 (make a comment or express dissatisfaction with our services) or option 4 (all other enquiries).

There's another day of industrial action by Translink staff planned for Wednesday 6 May, so I may be in the same situation again soon.

Any thoughts on how best to proceed? Thanks!
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Unread 20-04-2015, 10:26   #2
Mark Gleeson
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Write back quoting chapter 4 article 16 & 17 of EC1371/2007, include the vouchers also. They won't acknowledge the very existence of 1371 if you challenge them. Article 16 covers delays/cancellations

The normal factor is annual/420 per journey so you should get 11.15 euro.

State that if you are not refunded the full entitlement until 30 days you will refer the matter to the NTA as the enforcement body.

You are entitled to cash back in this case, as the ticket was purchased before any indication of disruption was known.

You have contracted Irish Rail to provide service, they were not on strike. Secondly Irish Rail had more than adequate time to put in place a back up plan to get you to work, they didn't.

I have an article 17 case ongoing with the NTA, Irish Rail is trying to dodge the issue
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Unread 20-04-2015, 11:47   #3
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Thanks, Mark. Will give that a go.
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Unread 20-04-2015, 13:03   #4
Mark Gleeson
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I am making inquiries with Irish Rail about this.

Incidentally the EU courts have ruled http://curia.europa.eu/juris/documen...t=1&cid=672652

"Article 17 of Regulation No 1371/2007 is to be interpreted as meaning that a railway undertaking may not exclude its obligation under that provision to pay compensation of the ticket price in cases of force majeure."

So no way out for Irish Rail
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Unread 23-04-2015, 20:11   #5
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Irish Rail acknowledge this was an error, refund on its way
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Unread 25-04-2015, 18:59   #6
dowlingm
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Quote:
Originally Posted by Mark Gleeson View Post
Irish Rail acknowledge this was an error, refund on its way
Good stuff!
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Unread 16-05-2015, 13:40   #7
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Quote:
Originally Posted by Mark Gleeson View Post
Irish Rail acknowledge this was an error, refund on its way
No sign of that refund yet!
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Unread 18-05-2015, 15:21   #8
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Hmm will annoy someone
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Unread 19-05-2015, 13:00   #9
Padna
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Quote:
Originally Posted by Mark Gleeson View Post
Hmm will annoy someone
Thanks, Mark.

The office in Connolly should have received the original vouchers which I returned with a letter of explanation on Thursday, 23rd April (26 days ago now). I handed them to a staff member in Dundalk that morning and he said he would forward them on the next Enterprise heading southbound to Connolly.
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Unread 20-05-2015, 11:33   #10
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Its been looked at today
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Unread 20-05-2015, 15:22   #11
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Please drop us a line info@railusers.ie with name/address as there may be more than 1 customer who sought a refund in the same circumstance. Need to be sure they are looking at the right case
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Unread 28-05-2015, 09:08   #12
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Compensation finally arrived in yesterday's post - a few days beyond the 30 day limit specified in the EU regulation.
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