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Court success thread
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Not technically the right thread as never made it to Court, but what the heck!!
TC had asked for a stay in light of Huzzar but I refused to consent didn't know what the reason for the delay was & that Huzzar might not even apply.
Received an email from TC how I would like the money Bank Transfer or Cheque - YES - not going to defend.
8 months down the line still don't know what the delay was
:beer::j:):TPrivate Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA
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Well done Steve - great present from Santa!0
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Probaly TC don't either....Congratulations :TNot technically the right thread as never made it to Court, but what the heck!!
TC had asked for a stay in light of Huzzar but I refused to consent didn't know what the reason for the delay was & that Huzzar might not even apply.
Received an email from TC how I would like the money Bank Transfer or Cheque - YES - not going to defend.
8 months down the line still don't know what the delay was
:beer::j:):TIf you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Sorry I posted this on wrong thread hope Ive got it right this time :d had an email from Bott & Co Thomas Cook have settled:j Just have to wait for money to be sent YAY thank you all for your help after all the letters emails all saying ECs would have given up0
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Today we had our day in Court in Northern Ireland with easyJet for flight compensation. Our flight was delayed for over 12 hours back in December 2009 while traveling from Malaga to Belfast. easyJet admitted liability and paid out compensation for all the passengers in our party, except my one year old son. easyJet claimed that my son only paid an "infant fee" instead of a regular fair. I finally lodged a claim before action which easyJet ignored, and then proceeded with a small claim in county court. easyJet's defense was that article 3.3 of Regulation (EC) No 261/2004 makes an exception for those who fly for free, which easyJet includes as those flying on an infant fare. easyJet's solicitor had written to us before the case, inviting us to drop it. Here is a portion of his letter and easyJet's position:
"You are right that the Regulation does not limit the right to compensation to passengers to age or where they seat on the flight, however, what the Regulation does limit is the right to compensation to passengers by what ticket they purchased. Article 3.3 of the Regulation provides:
'This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.'
Looking at the booking, your son did not purchase a seat on the flight in question, but instead an fixed infant fee was paid to allow him to travel in the lap of one of the adult passengers. This infant fee is an administrative fee charged by easyJet to provide the necessary equipment, such as the infant sit belt, to allow an infant to travel in the lap of an adult. As such your son actually travel free of charge as no ticket was purchased, merely an admin fee paid to allow him to accompany you on the flight. In any event you clear mention the fact that your son paid reduced fee for the flight. As such your son actually travel on a reduced fare. In any instance, as per Article 3.3 of the Regulation the Regulation does not apply to him, therefore since the Regulation does not apply to him there is no entitlement to the compensation afforded to passengers under the Regulation."
We refused to withdraw the civil claim and arrived at court at 10:30 am this morning, with no sign of easyJet's solicitor. The judge gave him an extra 30 minutes to show up before proceeding with the case (he never showed up at all.) After being sworn in, the judge did almost all of the talking for 10 minutes, telling us that this was the most interesting case in his "stack" and that easyJet had as much as torpedoed their own case by claiming that the "fee" included charges associated with the purchase of necessary safety equipment, so that it was not merely an administrative fee for the paper ticket. Also, he acknowledged that easyJet's website did not refer to an infant fee, but to a "charge per infant" so as per article 3.3, our infant son could not possibly have flown "free of charge" if there was any charge at all involved. After doing all the talking for ten minutes (and dismissing easyJet's defense in the process), he thanked us for providing copies of all the relevant paperwork and said that he hoped that he had not opened the flood doors for a wave of infant compensation claims on the airlines. He also added, that it was great to see people pursue their rights with such determination and thanked us twice. We were awarded the original compensation, 8% interest for four years and the court costs. All in all, a great day! Don't let the airlines off the hook with regards to infants, as they are completely covered by (EC) No 261/2004 if they have paid any costs at all that are readily available to the general public!0 -
Very many congratulations and well done. Can I suggest you post up the name of the judge and the case number/court so that others may use your sucess a an example in similar cases.girlneedshelp wrote: »Today we had our day in Court in Northern Ireland with easyJet for flight compensation. Our flight was delayed for over 12 hours back in December 2009 while traveling from ..........
He also added, that it was great to see people pursue their rights with such determination and thanked us twice. We were awarded the original compensation, 8% interest for four years and the court costs. All in all, a great day! Don't let the airlines off the hook with regards to infants, as they are completely covered by (EC) No 261/2004 if they have paid any costs at all that are readily available to the general public!
Anyone else starting to see the cracks in the airline's legal representation BS?
If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
girlneedshelp wrote: »Today we had our day in Court in Northern Ireland with easyJet for flight compensation. Our flight was delayed for over 12 hours back in December 2009 while traveling from Malaga to Belfast. easyJet admitted liability and paid out compensation for all the passengers in our party, except my one year old son. easyJet claimed that my son only paid an "infant fee" instead of a regular fair. I finally lodged a claim before action which easyJet ignored, and then proceeded with a small claim in county court. easyJet's defense was that article 3.3 of Regulation (EC) No 261/2004 makes an exception for those who fly for free, which easyJet includes as those flying on an infant fare. easyJet's solicitor had written to us before the case, inviting us to drop it. Here is a portion of his letter and easyJet's position:
"You are right that the Regulation does not limit the right to compensation to passengers to age or where they seat on the flight, however, what the Regulation does limit is the right to compensation to passengers by what ticket they purchased. Article 3.3 of the Regulation provides:
'This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.'
Looking at the booking, your son did not purchase a seat on the flight in question, but instead an fixed infant fee was paid to allow him to travel in the lap of one of the adult passengers. This infant fee is an administrative fee charged by easyJet to provide the necessary equipment, such as the infant sit belt, to allow an infant to travel in the lap of an adult. As such your son actually travel free of charge as no ticket was purchased, merely an admin fee paid to allow him to accompany you on the flight. In any event you clear mention the fact that your son paid reduced fee for the flight. As such your son actually travel on a reduced fare. In any instance, as per Article 3.3 of the Regulation the Regulation does not apply to him, therefore since the Regulation does not apply to him there is no entitlement to the compensation afforded to passengers under the Regulation."
We refused to withdraw the civil claim and arrived at court at 10:30 am this morning, with no sign of easyJet's solicitor. The judge gave him an extra 30 minutes to show up before proceeding with the case (he never showed up at all.) After being sworn in, the judge did almost all of the talking for 10 minutes, telling us that this was the most interesting case in his "stack" and that easyJet had as much as torpedoed their own case by claiming that the "fee" included charges associated with the purchase of necessary safety equipment, so that it was not merely an administrative fee for the paper ticket. Also, he acknowledged that easyJet's website did not refer to an infant fee, but to a "charge per infant" so as per article 3.3, our infant son could not possibly have flown "free of charge" if there was any charge at all involved. After doing all the talking for ten minutes (and dismissing easyJet's defense in the process), he thanked us for providing copies of all the relevant paperwork and said that he hoped that he had not opened the flood doors for a wave of infant compensation claims on the airlines. He also added, that it was great to see people pursue their rights with such determination and thanked us twice. We were awarded the original compensation, 8% interest for four years and the court costs. All in all, a great day! Don't let the airlines off the hook with regards to infants, as they are completely covered by (EC) No 261/2004 if they have paid any costs at all that are readily available to the general public!
good to hear that Northern Ireland judges are up to speed on the regs and we stand a good chance - we are planning on issuing TC with papers in New Year. our flight was delayed for 20 hrs in sept 2012 and they have continued to claim EC and refused to tell us what exactly they are!
Even got consumer council involved who contacted CAA and still came back with same.....ECs.
girlneedshelp - did you do your court thing online? I'm in NI too so will be helpful to know if process is straightforward. Thanks and well done.0 -
good to hear that Northern Ireland judges are up to speed on the regs and we stand a good chance - we are planning on issuing TC with papers in New Year. our flight was delayed for 20 hrs in sept 2012 and they have continued to claim EC and refused to tell us what exactly they are!
Even got consumer council involved who contacted CAA and still came back with same.....ECs.
girlneedshelp - did you do your court thing online? I'm in NI too so will be helpful to know if process is straightforward. Thanks and well done.
Hi Duck, Thanks. We filled got an application at the clerks office at the local county court and they sent both parties copies of the complaint and court documents, with information on how to log into the NI Courts system website. They also required me to sign an additional document agreeing to have the claim handled in Northern Ireland and acknowledging that the NI Courts could not physically enforce a judgement in England. From the website, we could see any updates to the case, and any additional documents submitted by easyJet. I believe they gave easyJet five weeks to either settle the complaint or announce their intention to dispute it. They emailed the court to dispute it and basically emailed their defense. They submitted their intention to contest the claim at the very end of the five weeks. When the court received their response, they set a court date, that was four weeks away. When we arrived in court, we were number seven on the list, and the judge went through the list to see if all the parties were present for each case. When it came to our turn, we stood up and the judge asked if we had seen easyJet's solicitor, and after saying no, the judge said he would give him another 30 minutes and than hear the case. The judge really could not have been friendlier and despite being sworn in, the whole matter was rather informal. In our case, the poorly written defense submitted to the court hinted to me that they were never going to show up and of course EJ would have to factor in the cost of sending a solicitor away for an entire day to Northern Ireland for a single passenger claim. There is a booklet available from the NI Courts website for small claims that is about fifty pages or so and goes through the entire process. It was very helpful as we had never initiated a small claim before our EJ case. Hope that helps a little...:A0 -
Thank you girlneedshelp - a lotof useful info in your post. Will get it organied in the New Year.0
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My partner, daughter and I were passengers on this flight from Gatwick to Las Vegas which was delayed by 23 hours. I first made a claim in October 2012 which Virgin rejected due to "extraordinary circumstances" and I wrote several more letters without success. I complained to the CAA who asked Virgin to reconsider but still got nowhere.
In December 2013 I finally lost patience with them and commenced proceedings in the small claims court. Their Defence was due to be filed by Monday 6 January but I came home from work today to find a letter from them enclosing a cheque for the full amount, including the court fee and interest.
The covering letter said they did not admit liability but I got the cheque and that's all that matters. I'm glad I didn't give up. I guess the moral of the story is that they can fob off your letters but they rolled over pretty quickly as soon as I went to court.0
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