Monarch delays & Compensations. Listed flights denied in O.P.

molonyj

111KAB wrote: »

Love your optimism
Were it not Monarch I may be inclined to agree.

Ha Ha.

Well I'm prepared to go all the way!

At least I know they have paid out for the outgoing flight so they have at least admitted that it's not extraordinary circumstances and I can quote that if it comes to court.

statictom

I have gone through the Mediation process - and dismissed out of hand the offer made by Monarch. After waiting a number of weeks I today receive a letter from my local county court (Birkenhead). The judge there has ordered that the matter be transferred to Luton County Court for allocation and case management directions.

I was under the impression I would be able to attend my local court, which is only 10 mins from my home.

I have therefore written to Luton C.C. and explained that my wife is severely disabled and I am her main carer. It would be a 7 hr round trip to Luton, plus the time for the court case, and may even involve an overnight stay, depending on court start time.

Do I have any say in the matter, or am I controlled by the wishes of a Judge in these matters. Any advise would be appreciated.

JPears

statictom wrote: »

I have gone through the Mediation process - and dismissed out of hand the offer made by Monarch. After waiting a number of weeks I today receive a letter from my local county court (Birkenhead). The judge there has ordered that the matter be transferred to Luton County Court for allocation and case management directions.

I was under the impression I would be able to attend my local court, which is only 10 mins from my home.

I have therefore written to Luton C.C. and explained that my wife is severely disabled and I am her main carer. It would be a 7 hr round trip to Luton, plus the time for the court case, and may even involve an overnight stay, depending on court start time.

Do I have any say in the matter, or am I controlled by the wishes of a Judge in these matters. Any advise would be appreciated.

As an LIP v company, you should have the right to have the hearing in a local court, unless directions have been made for hearings en masse against Monarch in Luton

statictom

JPears wrote: »

As an LIP v company, you should have the right to have the hearing in a local court, unless directions have been made for hearings en masse against Monarch in Luton

Have spoken with both Courts (Birkenhead and Luton) and gained no useful answers. They merely confirmed my case has been transferred to Luton. They will/can not answer as to WHY.

Just have to wait and see if my letter to Luton CC has any effect.

433Barbara

statictom wrote: »

Have spoken with both Courts (Birkenhead and Luton) and gained no useful answers. They merely confirmed my case has been transferred to Luton. They will/can not answer as to WHY.

Just have to wait and see if my letter to Luton CC has any effect.

What a shame Statictom.... hope this gets sorted.

Do any of the knowledgeable/regulars on here know if this is allowable?

This could have a massive impact of peoples decision making when contemplating going to small claims court.

I was under the impression that the case would/should be held at the choice of the person taking the company/individual to court.

I'm also concerned why neither court could give Statictom an answer.... surely that's deserved.

another concern is Luton is Monarch's homebase.... why should we be put through 'extraordinary circumstances' :rotfl:, travel, time off to travel and expenses etc. when it's them in the wrong

statictom

Centipede100 wrote: »

Whether it is 'allowable' or not depends entirely on whether the presiding judge rules it allowable or not. Court staff may not know and they do not make the decision themselves.

You are correct in your impression above but the airline may be defending multiple claims from the one flight and the judge may then believe that hearing all claims at a defendant's local court makes more sense and is "in the interests of justice".

The claimant can always ask the judge for the reasons behind the decision on where the hearing will be held and make submissions as to why it should be heard at the claimant's local court if there are difficulties in travelling to another court, such as have been stated above by statictom.

I have written and e-mailed Luton CC informing them that I asked for Birkenhead as my preferred court and also in my directions questionnaire and politely informed them that there is no automatic right to transfer (CPR26.2A(3).
CPR30.2 and the practice direction provides a number of factors that need to be considered before a transfer order can be made. Non exhaustively they are the financial value of the claim, convenience and fairness. I would like an answer as to why a judge has made this decision.
Just have to hope my letter does the trick - as I have no intention of giving Monarch the pleasure of seeing me walk away from this case.

Evalina1

hey

I see someone (who?) has received compensation for this flight - anyone able to help? ive just been given the 'extraordinary circumstances' knock back and want to go back and reapply...

111KAB

Evalina1 wrote: »

hey

I see someone (who?) has received compensation for this flight - anyone able to help? ive just been given the 'extraordinary circumstances' knock back and want to go back and reapply...

You need to provide route and date as well! Might be on here >

https://www.facebook.com/MonarchComplaints

Rusky

We was delayed over 4 hours on this flight and have written to monarch and they have stated it was extraordinary circumsatnces but cannot find in the eu regulation pilot/ crew sickness in the category.
Has anybody else tried claiming for this flight? Here is monarch reply

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We are sorry for the delay you experienced that has led to your claim for compensation. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that the First Officer who was scheduled to operate your flight called in sick at half past midnight on the day of your flight. Despite our best efforts to source a standby First Officer to operate your flight on time we were unable to do so as a further 4 crew members were also sick at this time. As a result Monarch Airlines operations team investigated various options to minimise your delay, and despite investigating all options, this resulted in your flight being delayed whilst waiting for the first available crew member to become available.

Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

111KAB

Rusky - off to court for you I'm afraid - Monarch playing their normal silly game.