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Author Topic: Passenger's right - buses  (Read 2855 times)
grahame
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« on: May 18, 2016, 16:52:40 »

We talk on here about customer's right - compensation, requirement or common practise to provide alternative transport is a train doesn't run, etc - but what is the situation when it comes to buses?

Scenario. 

Mr and Mrs Wwwwwwww took a bus from Xxxxxxxx to Yyyy one day a couple of months ago on a service that runs every 2 hours.   The journey to Yyyy was fine, and they got back to the stop for their return journey in good time.   They put their hand out to request the return bus to stop but (for whatever reason) it carried on past them and others waiting at the stop.

Unable to wait for 2 hours for the next bus, and discounting alternative public transport which is/was extremely sparse, Mr and Mrs Wwwwwwww took a taxi at a cost of ^30 as the only practical way for them to get back to Xxxxxxxx.   They kept receipts and asked for a refund of the taxi fare from the bus operator.

Quoting (with permission) "I have kept all receipts & the bus company have made enquiries about the incident,reprimanding the driver in question. But they said on this occasion it didn't warrant any refund on our expenses!! I've replied asking why not?"

My question

What rights (if any) and common practise do bus passengers (or wannabe passengers!) have in the event of a service not being provided, in both circumstances like these and in general?
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ChrisB
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« Reply #1 on: May 18, 2016, 17:41:53 »

Zilch, I suspect, without resorting to court. But that's an opinion, I don't know for sure. Do we know whether its a commercial operation or a council-subsidised route? That may have an impact on the answer
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JayMac
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« Reply #2 on: May 18, 2016, 17:46:52 »

There are no legally enshrined rights to refund or compensation with buses in the UK (United Kingdom). Some operators have schemes for delay compensation. First in Bristol for example.

I'd suggest escalating the complaint to Bus Users UK, and if no joy there, then a Letter Before Action.
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LiskeardRich
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« Reply #3 on: May 18, 2016, 17:56:39 »

If I'm not mistaken it will cost more than ^30 to recover.
Report to the traffic commissioner- failure to provide a registered service, as no service was provided from the stop they were at. Tc won't do anything unless multiple reports but worth registering, if people don't register nothing will ever happen
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grahame
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« Reply #4 on: May 18, 2016, 18:03:29 »

Zilch, I suspect, without resorting to court. But that's an opinion, I don't know for sure. Do we know whether its a commercial operation or a council-subsidised route? That may have an impact on the answer

The service that passed the stop was running a council-subsidised service on a route on which most services are commercial, but this one is a bought-in extra.  The supporting council is the one for Xxxxxxxx and not the one for Yyyy where the drive by happened.   Never simple, is it?

There are no legally enshrined rights to refund or compensation with buses in the UK (United Kingdom). Some operators have schemes for delay compensation. First in Bristol for example. I'd suggest escalating the complaint to Bus Users UK, and if no joy there, then a Letter Before Action.

Much appreciated - that confirms my educated guess; will pass it on with more authority (and a note that my contacts know what they're on about, but aren't lawyers!

If I'm not mistaken it will cost more than ^30 to recover.  Report to the traffic commissioner- failure to provide a registered service, as no service was provided from the stop they were at. Tc won't do anything unless multiple reports but worth registering, if people don't register nothing will ever happen

I had wondered about the Transport Commissioners ... and the cost.  I suspect it would cost more, but the cost in time already is such that it's cost more and it comes down as you suggest for raising it for everyone!
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TaplowGreen
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« Reply #5 on: May 18, 2016, 18:13:18 »

Letter before action in legal terms is a waste of time in this case - it would be making an assumption that the ^30 is owed to the customer, whereas if there is no referable right to compensation then there is no debt, only a request for a payment which would have to be made on a goodwill basis if at all - although it might demonstrate a level of determination on behalf of the customer to pursue the issue and lead to such a payment to avoid adverse publicity.
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JayMac
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« Reply #6 on: May 18, 2016, 20:10:50 »

Precisely why I suggested Bus Users UK (United Kingdom) then a LBA, and not straight to County Court Claim.

LBA costs nothing bar paper and a stamp and may just elicit a favourable response. Don't ask, don't get.

Local press may be interested in the story too. Particularly as the bus company have admitted some fault in this case.

Any and all poor service should be complained about and all avenues for redress explored.
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