Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson

chrisjeffries wrote: »

Hi Dr Watson,

We are in need of your advice again!

We submitted out ESCP claim to Sheffield, and, as expected, Ryanair are denying they owe us anything (Ignoring our ruling from the CAA and quoting unrelated cases).

However the court has set a date for an Oral hearing, even though we requested a written one. On speaking to the court, they say they haven't done many ESCP claims and have never hear of a written hearing!

Did you come across this?


Thanks,
Chris

Chris,
Dear me, sounds like they have fallen off track too.
They have done written hearings, mine was, and they have done others.
I'll send you a PM with a few details that will help you- to guide them back on track.

Pmcm_2

Dr_Watson wrote: »

Pmcm,
I can't see it being able to follow any other route than the ESCP, it's just how and when Wigan Court realise this, my aim is to get you on the right track ASAP.
If you do withdraw your claim your fee should be refunded, quite simply because they haven't provided the service (ESCP) that you clearly asked for.

Hi Dr Watson,
Thanks for your help so far, I have had some success! Ryanair have replied offering me €400 plus my court costs! They have rejected my claim for compensation for the other members of my party as I am neither their legal representation nor acting as their litigation friend.
Will each member of my party need to go through the process from the start? Or can they start from the final letter to Ryanair threatening court action?

Dr_Watson

Pmcm wrote: »

Hi Dr Watson,
Thanks for your help so far, I have had some success! Ryanair have replied offering me €400 plus my court costs! They have rejected my claim for compensation for the other members of my party as I am neither their legal representation nor acting as their litigation friend.
Will each member of my party need to go through the process from the start? Or can they start from the final letter to Ryanair threatening court action?

Pmcm,
Pleased to hear it! If this is what you are due then I'd be thinking of settling but.....
Regarding the other members of your party, if you named these correctly in your form A (as I'm sure you did) and put the total amount claimed (again I'm sure you did) then I'd insist on these also being offered their full entitlement too.
At the end of the day it doesn't matter what RA say, ( and they are wrong the ESCP allows multiple joint claimants) if you have named them, then they are included.
If RA still refuse, then it's up to you- either proceed for the full amount using RA's offer as a tool of acquiesce to the claim or, take the amount, then restart the process for the other members in your party, of course using your claim as (an albeit non binding) precedent of guilt from RA for the 'flight concerned'.
Hope that makes sense.
Good luck and keep going.

PATTIE9

We sincerely regret the delay of your flight FR611 from London Stansted to Derry on the 11/07/2012, which was caused due operational reasons.

Ryanair is committed to providing on time flights with safety being our number one priority. Occasionally, there are situations outside our control such as operational reasons which disrupt our flights. We sincerely regret that this flight was one of these rare delayed flights. We confirm that all reasonable measures were taken to ensure that this flight departed with as short a delay as possible.

However, as this delay was unexpected and therefore outside Ryanair’s control we regret to advise that no monetary compensation is due under EU Regulation 261/2004.

Our records show that issuing refreshment vouchers would have further delayed the flight departure; accordingly we will reimburse reasonable receipted expenses you may have incurred for refreshments, meals and phone calls. Please copy and paste the below link into your internet browser to submit your expenses for our consideration.
This is the context of email I received today from the airline, what is deemed as operational reasons? On this occasion we were told on boarding the flight 3 hrs 15 mins late that the reason was the staff did no turn up!
With regard to compensation for refreshments we were never offered any refreshments or comfort for the wait as we were all in a narrow passage way airside with no shops or amenities. We were never informed if we could have returned to the lounge. Another get out by Ryanair! Is my belief. When I sent the letter to Ryanair it was backed up by their own document that they sent admitting the delay period. Do you think I have a case to take this further again I ask what is deemed as operational reasons ? This could cover a multitude of things ....

Vauban

PATTIE9 wrote: »

We sincerely regret the delay of your flight FR611 from London Stansted to Derry on the 11/07/2012, which was caused due operational reasons.

Ryanair is committed to providing on time flights with safety being our number one priority. Occasionally, there are situations outside our control such as operational reasons which disrupt our flights. We sincerely regret that this flight was one of these rare delayed flights. We confirm that all reasonable measures were taken to ensure that this flight departed with as short a delay as possible.

However, as this delay was unexpected and therefore outside Ryanair’s control we regret to advise that no monetary compensation is due under EU Regulation 261/2004.

Our records show that issuing refreshment vouchers would have further delayed the flight departure; accordingly we will reimburse reasonable receipted expenses you may have incurred for refreshments, meals and phone calls. Please copy and paste the below link into your internet browser to submit your expenses for our consideration.
This is the context of email I received today from the airline, what is deemed as operational reasons? On this occasion we were told on boarding the flight 3 hrs 15 mins late that the reason was the staff did no turn up!
With regard to compensation for refreshments we were never offered any refreshments or comfort for the wait as we were all in a narrow passage way airside with no shops or amenities. We were never informed if we could have returned to the lounge. Another get out by Ryanair! Is my belief. When I sent the letter to Ryanair it was backed up by their own document that they sent admitting the delay period. Do you think I have a case to take this further again I ask what is deemed as operational reasons ? This could cover a multitude of things ....

operational reasons are, almost by definition, within the company's control and therefore not extraordinary. But they are unlikely to elaborate until you start legal action: read my guide and Dr. Watson's ESCP posts (on this thread).

Dr_Watson

Vauban wrote: »

Dr. Watson's ESCP posts

#My post 569

netg

Sorry for the newb questions.

I'm following Dr Watsons guide and filling in ESCP form A. I'm trying to find the court fees on the link provided, but I can't see the ESCP fee on the uk justice site, can someone point me in the right direction please?

Also, section 8, claim details, I am given 3 boxes written evidence, witnesses, other. What do I need to include (booking confirmation? letters to RA?) and which box do I tick?

Thanks

Dr_Watson

netg wrote: »

Sorry for the newb questions.

I'm following Dr Watsons guide and filling in ESCP form A. I'm trying to find the court fees on the link provided, but I can't see the ESCP fee on the uk justice site, can someone point me in the right direction please?

Also, section 8, claim details, I am given 3 boxes written evidence, witnesses, other. What do I need to include (booking confirmation? letters to RA?) and which box do I tick?

Thanks

netg,
Court fees are here, yours is a court issued claim so follow the left hand column:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Section 8 of your form, fill in what you can describing what you are claiming for and why, and the attempts you have already made to resolve the issue with RA.
Do also submit any written evidence you have and tick the box to state you are including this.
Any written evidence you submit (like a copy of your NBA) you need to submit 3 copies of.
Good luck and keep going.

netg

Dr Watson, that's great thanks.

On the form/document copies, are photocopies ok, or do they all have to be originals?

Dr_Watson

netg wrote: »

Dr Watson, that's great thanks.

On the form/document copies, are photocopies ok, or do they all have to be originals?

netg,
Photocopies are fine for your documents.