THE consumer group Which? has used legal powers to file a formal 'super complaint' with the Office of Rail and Road about the system of compensating passengers for train delays. Which? claims that passengers are still being let down, and that many staff are not explaining properly what rights passengers have after their trains have been delayed or cancelled.

The consumer group, which has the status of a 'super-complainant'  under the 2002 Enterprise Act, said it had fielded mystery shoppers at 102 stations, where they asked 'basic' questions about delay compensation arrangements.

Which reports that In almost one in five cases the mystery shopper was given full details of how to claim a refund, but six out of ten enquiries left the mystery shoppers in the dark about their rights, and in three out of five cases the mystery shoppers were not told that they could did not have to accept travel vouchers, 'even after prompting'. In more than one in three visits, the researchers were either given no details or only part of the information they needed about how long a delay must be before a refund is due.

Which? concluded: 'The results show that not enough is being doing to remove the unnecessary barriers to claiming compensation for passengers.' On the back of this research, Which? said it is launching a campaign called 'Make Rail Refunds Easier'. It also wants train operators to be held to account more effectively if passengers are let down.

Which? executive director Richard Lloyd said: “Current proposals to improve compensation for passengers are too far down the track. Even if an automatic compensation system was included in all new franchises from tomorrow, it would take until at least 2025 to cover the whole network.

"Millions of passengers are left out of pocket each year, so train companies must do more to put their passengers first and make rail refunds easier.”

The ORR responded: “Passengers must be at the heart of the railways and are crucial to its growth and success. 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 rail industry has been working to improve overall standards of service for rail passengers. However, our research has shown that passenger awareness of how and when to claim compensation is low. The industry has recently taken positive steps – such as signing up to a Code of Practice on providing clear information to passengers when they buy rail tickets, which includes their compensation rights. We will be assessing whether more could and should be done for passengers as we investigate this complaint.”