London Overground not meeting NRCoC obligation for delays?

[whole diary]

[Brucey]

A few weeks ago, I was delayed by over an hour on a London Overground service (due to a broken down train).  I was travelling on a weekly outboundary Travelcard costing ^129.60.

London Overground (and in fact all TfL^» (Transport for London - about) services) pay out the Oyster^▸ (Smartcard system used by passengers on Transport for London services) single fare for the journey, therefore I received a voucher for ^1.60.  There is no option on the delay form to specify what ticket you have or how much it cost.

However, the National Rail Conditions of Carriage would entitle me to "20% of the price paid / 7", therefore ^3.70.

In addition to this, London Overground only appear to be willing to pay for the delay to your final LOROL^▸ (London Overground Railway Operations Ltd) destination, rather than to your actual final destination with another TOC^▸ (Train Operating Company).  This goes against their own passenger charter, which says "If you experience a delay to your journey of more than 30 minutes, for reasons within our control, we will issue/send you a Rail Travel Voucher to the value of the single delayed journey. This applies to all ticket types. .... If you experience a delay to your journey of more than 30 minutes, for reasons within our control, we will issue/send you a Rail Travel Voucher to the value of the single delayed journey. This applies to all ticket types."

It appears the London Overground claim form is simply a copy of the London Underground one, which is subject to TfL's conditions, rather than the National Rail ones.

The amounts in question are far too small to specifically worry about, but am I correct in my assumptions?  If I am, and get delayed again in similar circumstances, I'll be pushing for a full refund for the entire length of my journey.

[ChrisB]

No, LOROL^▸ (London Overground Railway Operations Ltd) journeys are subject to TfL^» (Transport for London - about) CoC^▸ (Chamber of Commerce TBA)

[Southern Stag]

They're also subject to the NRCOC^▸ (National Rail Conditions of Carriage). See their customer charter here: http://www.tfl.gov.uk/assets/downloads/customer-charter-feb2011.pdf

At page 18 it states that the NRCOC "set out the legal contract you have with us when you purchase a ticket and travel with London Overground."

Sounds to me like they should be offer compensation in line with the NRCOC. As much as London Overground seem to not want to be they are still a TOC^▸ (Train Operating Company) and they are still part of the National Rail network.

[ChrisB]

In which case, I suggest you involve London TravelWatch....