Consumer group begins 'super-complaint' after finding few rail passengers know their compensation rights

The Office of Rail and Road (ORR) will have 90 days to investigate the complaint and decide whether it requires further action.

Which? is one of five designated bodies permitted by law to submit a super-complaint on behalf of consumers. In order to be successful, the complaint must be about market features that cause, or appear to cause, "significant harm" to the interests of consumers.

Research conducted by Which? found that only 34% of passengers who may have been entitled to claim compensation actually made a claim, while a similar percentage remembered being informed of their rights after their last delay.

The consumer group also 'mystery shopped' 102 train stations to test whether staff were able to provide customers with sufficient information about their rights. The mystery shoppers were only given a full explanation of how to claim a refund due to a delay or cancellation and any conditions in 18% of cases, while 63% of the mystery shoppers were not told that they were entitled to request cash compensation instead of vouchers even after prompting.

Around 47 million passenger journeys were either cancelled or significantly late during the last year for which figures were available, according to projections by Which?.

Different train companies operate different compensation schemes, but the National Rail Conditions of Carriage set the minimum level of compensation at 50% of the cost of a single ticket or 25% of the cost of a return if the journey is more than one hour late. The 'Delay Repay' scheme, which most train operators have signed up to, allows passengers to claim 50% of their journey cost if they are delayed by half an hour or 100% if the delay is one hour or longer.

The ORR said that the rail industry had been "working to improve overall standards of service" for rail passengers. However, it said that its own research had shown that passenger awareness of how and when to claim compensation was "low".

"Passengers must be at the heart of the railways and are crucial to its growth and success," the regulator said in a statement. "They are entitled to compensation when they do not receive the service they have paid for."

"Compensation also acts as an incentive for the industry to deliver a better service," the ORR said.

The ORR is currently reviewing rail ticketing in the UK, in order to establish whether the 20-year-old rules and regulations governing ticket selling are still "relevant and providing the best outcome for passengers". It has also recently issued new complaints-handling guidance for rail operators, as well as a 'Code of Practice' on ticket sales and compensation rights, it said.