The Office of Rail and Road (ORR) has called for more to be done to help rail passengers get the compensation they are due from delays.
It said its research shows that around 80% of passengers do not claim compensation and revealed it is working with Transport Focus on a survey to measure the 'claims gap' between what passengers are entitled to, and ‘how much is actually paid out’.
In its response to a ‘super-complaint’ lodged by Which? last December, the ORR recommended better information and stronger monitoring of standards.
Which? had argued that passengers were being doubly disadvantaged by train delays, as the process they had to follow to get compensation was neither clear nor straightforward.
Which said passengers were doubly disadvantaged by delays
It said the recommendations in the ORR's response are a step in the right direction but called for a watchdog ‘with real teeth’.
ORR chief executive Joanna Whittington said: ‘We want all passengers to be able to claim the compensation they are entitled to. The information they receive needs to be better and the process must be clearer and simpler.
‘Today, we have made a number of recommendations to help achieve improvements straight away. This is just the first step, and we will be carrying out further research and analysis and introducing a strong monitoring regime to make sure that the industry is delivering for passengers.’
The ORR said that since receiving the super-complaint it has met passenger representatives, all the train companies, the Department for Transport, and other franchising authorities.
It also carried out ‘extensive research and analysis’, including nearly 400 mystery shopping trips, and a review of train company websites and compensation forms, applying 'plain English' criteria.
It found that progress is being made but that 'passengers’ awareness of their rights is not high enough and the information they receive needs to be improved’.
A package of measures was recommended to deliver results for consumers more quickly, including a national campaign to increase passenger awareness, clearer, plain English forms and other information to make the process simpler, as well as better staff training.
Which? executive director Richard Lloyd said: ‘The pressure is now on the train companies to show they can bring about urgently needed basic improvements for their customers. And, where breaches of consumer law and licence conditions have been found, the ORR must take enforcement action without delay.'
He added: ‘This alone will not be enough to solve the problem for passengers in the long term. The Government must now ensure that the rail regulator has all the powers and duties it needs to be a consumer watchdog with real teeth.’
Paul Plummer, chief executive of the Rail Delivery Group which represents train operators, said they would address all of the ORR's recommendations. He said: 'We’re committed to making claiming compensation simpler and clearer. We never want passengers to suffer delays or disruption and when things do go wrong we want to put it right.'
'More people are receiving cash compensation as train companies continue to pay out more and make it easier to claim. The rail regulator acknowledges that the amount paid in compensation is relatively high.'
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