I am writing to you to ask for a pro-rated refund on my season ticket for the (XX) days in December, where it has not been reasonably possible to use your services due to the inadequacy of the Strike Timetable. I am entitled to a refund for this service I could not utilise under the Consumer Rights Act (2015), since a “reasonable [train] service,” has not and will not be provided.
I am a season ticket holder from (STATION A to STATION B) and have to arrive at work by (XXam). Ordinarily, I would use your services (X) days per week (Monday to Friday).
Normally from (STATION A to STATION B), there are (XX) tph (TRAINS PER HOUR) between 7am and 8am, within your proposed timetable there are just (XX) tph. The proportionally few services that remained during the morning peak were extremely overcrowded, and not possible to safely board. Thus, it was not possible to get to work using SWR services as planned. I therefore had to make alternative arrangements.
I would like to draw your attention to Section 30 of the National Rail Conditions of Travel (NRCT), which reaffirms my right to a refund. This states:
"Your right to a refund if your train is disrupted and you choose not to travel:
30.1. If the train you intended to use is cancelled or delayed and you decide not to travel, you may return the unused Ticket to the original retailer or Train Company from whom it was purchased, where you will be given a full refund with no administration fee being charged.
30.2. This Condition applies to all Tickets, including Tickets that are otherwise non-refundable, and also applies if you have begun your journey but are unable to complete it due to delay or cancellations and return to your point of origin."
During the sustained industrial action on Northern Rail, by example, the company recognised this legal right to compensation and addressed it by enabling season ticket holders to claim a pro-rated refund if they were unable to travel on the strike services provided.
My calculation of the refund payable is: £XXXX (season ticket price) X (20 strike weekdays/232 [days an annual ticket is valid]) = £XXX. This pro-rated refund is used by SWR when a customer decides to return their season ticket as SWR assume that passengers used their ticket for one return journey each day.
Should you refute my right to compensation, or not deal with my very reasonable request within 15 working days, I will consider taking legal action against SWR.
I look forward to hearing from you.