Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson

benkaylamum,
Well done to you, another story of perseverance and fighting all the way to get what you rightfully deserve.
:beer::j
That's exactly how you treat this airline. Small beer enjoyed in the surgery last night courtesy of your good news!
Believe me, it's been a pleasure to be involved and glad to have helped.

JPears

KPat wrote: »

Unfortunately the letter says compensation is bit due for infants. I'm going to get back to them to say we expect compensation for all 3 of us and see what they have to say.

I would ask them to quote which part of the regulation allows them to not pay compensation for infants (it doesn't).
Unless it specifically states the compensation is for Mr A B and Mrs A B, I think it is perfectly valid for you to say the compensation received is for Mrs A B and baby B and chase them though courts for Mr A B.
Here is the regulation. Perhaps you could quote the relevent part to them?
"
2. Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,
- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,
or, if no time is indicated,
- not later than 45 minutes before the published departure time; or
(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator."

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0261

robbieray

Still waiting after 2 months , or is that too soon lol

adeelh1987

Hi,

I am a bit stuck, I got a claim for 12 passengers for a delayed flight from Marrakech to Stansted, a 4+ hour delay, so considering if I should go with Bott and co or claim myself via courts. I have already done the letters to Ryanair who have ignored me so following the Dr Watson guides, the next step is to launch this via courts. But I am a bit puzzled about the court fees, as its 12 passengers, I will have to lodge this as 3x claims to use the ESCP but I cannot work out how much the Court fee per claim is, any idea?.

Thanks,
Adeel.

JPears

You could do one claim through court or Botts, then use that probable success to chase the others yourself?

Dr_Watson

adeelh1987,
Court fees are here:-

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

Yours will be a court issued claim so use the left hand column.
Do split your claims like you say into three, (keeping within the thresholds of the ESCP).
Be sure to name all claimants, and chose one from each of the three claims as 'lead' claimant.
Good luck and keep going.

adeelh1987

Thanks DrWatson.

Am I right in saying, as the court fee is in sterling, I am just dividing the costs, so splitting my claim of 12 people into 3, so 4 x €400 = €1600, that would equate to say £1185.00 (using Euro to GBP of 1.35) so its £80.00 court fee per claim.

Also, if say I win, do I get the court fee back and Ryanair have to pay it?.

Thanks,
Adeel.

Dr_Watson

adeelh1987,

Yes and yes, to both those questions.

Good luck and keep going.

mccabesville

Hi,

I'm writing because I've hit a brick wall with trying to submit my ESCP Form A to the county court in Birmingham; hopefully someone can give me some advice.

Some background:
I was delayed on a Ryanair flight by nearly 4 hours travelling from Birmingham to Barcelona back in 2013. I found Dr Watson's guide on here and sent a LBA asking for €250 which was responded to by email citing technical problems etc etc. I completed ESCP form A and took it with all my evidence to Birmingham County Court which is where the problems started...

First of all no one had heard of the ESCP so I showed the advisor the MSE threads with Dr Watson's guides etc. Then they weren't sure how much it would cost me to process. Can anyone please confirm this? Should it cost £35?

All the way through my meeting at the county court, the advisor was trying to get me to complete an N1 claim form instead but eventually allowed me to submit the ESCP form and see what happened in terms of the cost.

I then received a letter back from the courts saying that "due to the changes in Civil Procedure Rules... from 19 March 2012... all designated money claims should be sent direct to CCMCC."
They returned my ESCP form back to me along with all my evidence and a blank N1 form.

Has this happened to anyone else? Why is it important to use the ESCP route rather than the CCMCC route? How can I 'convince' the county court to process the ESCP forms?!

Many thanks in advance

legal_magpie

Unfortunately many courts and most judges know little if anything about the ESCP process