MOnarch; Flight Delay Compensation. What can CAA do

NicksTheMan

Do the CAA answer anybody's complaints about flight delay compensation claim. they seem to reply full stop and appear to have washed they hands of the situation. I have looked at their website and they have not updated any information. The CAA are rivalling the airlines poor record for replying. Even Martin Lewis on his TV programme the other week said your first point of call is the CAA. Are they just taking the airlines side and are not bothered about the passengers.

Ich_2

I suspect the CAA, like the airlines, has probably been inundated with queries about this issue and is struggling to cope with the numbers.
There is a comment in part of their website about them being aware of the time they are taking to deal with the issues.
It is not a huge organisation in numbers and has a lot of other duties it has to do.

RichardAli+Family

The CAA have replied to our complaint about Monarch refusing to pay out compensation for an over 5 hour delay from Gran Canaria back to Manchester on 3/11/2012.

They say <<It appears to us that your complaint falls within the scope of Regulation EC261/2004. >>

but go on to say << you would need to contact the National Enforcement Body (NEB) responsible in the country where the incident occurred. >> and

<<In your case this would be Spain. I attach a list of contact details for the individual NEBs, together with some information relevant to your complaint.>>

This really is akin to wading through treacle and perhaps they think that once the complainants' time wasted starts to reach and exceed the actual delay they might give up! We don't relish anyone's chances trying to deal in English with a foreign body but we'll give it a try. For anyone in a similar situation (return flight from Spain to the UK delayed), to save you waiting for the CAA to also fob you off, here are the details they've provided for Spain:

Agencia Estatal de Seguidad Aerea,
Devision del Calidad y Proteccion al Usuario,
Avda. General Peron 40, Acceso B,
(Recepcion plant 1a)
28020 MADRID
Tel.: + 34 91 396 82 10
web: www dot seguridadaerea dot es

Has anyone had any dealings with this body already?

R&A

Vauban

RichardAli+Family wrote: »

The CAA have replied to our complaint about Monarch refusing to pay out compensation for an over 5 hour delay from Gran Canaria back to Manchester on 3/11/2012.

They say <<It appears to us that your complaint falls within the scope of Regulation EC261/2004. >>

but go on to say << you would need to contact the National Enforcement Body (NEB) responsible in the country where the incident occurred. >> and

<<In your case this would be Spain. I attach a list of contact details for the individual NEBs, together with some information relevant to your complaint.>>

This really is akin to wading through treacle and perhaps they think that once the complainants' time wasted starts to reach and exceed the actual delay they might give up! We don't relish anyone's chances trying to deal in English with a foreign body but we'll give it a try. For anyone in a similar situation (return flight from Spain to the UK delayed), to save you waiting for the CAA to also fob you off, here are the details they've provided for Spain:

Agencia Estatal de Seguidad Aerea,
Devision del Calidad y Proteccion al Usuario,
Avda. General Peron 40, Acceso B,
(Recepcion plant 1a)
28020 MADRID
Tel.: + 34 91 396 82 10
web: www dot seguridadaerea dot es

Has anyone had any dealings with this body already?

R&A

There are quite a few examples on MSE of folk contacting the Spanish NEB. To be fair they seem quite good, in that they write to the airlines for a response, fail to get an answer, and then rule that the airline has failed to proe extraordinary circumstances. But that doesn't get you much further, unless you are prepared to go to court.

Dr_Watson

Centipede100 wrote: »

As Vauban has already posted, there have been a number of posters here who have already contacted the AESA. Like the CAA they have no enforcement powers and it may be best if you take your claim directly to court as that is the only way you are likely to recover compensation.

Don't be too harsh on the CAA. The EU member states have agreed that investigations into passenger complaints must be directed to the NEB in the country in which the flight originated.

R&A,
The CAA here in the UK referred my case to AESA on my behalf back in December 2012. They were very helpful and replied to me in February stating that in my case after considering all the evidence I was due compensation under the EU levy 261/2004.
Their response was well worded and they also sent a copy to the airline. Like others have said on this forum -that is not it and the airlines pay up - I am in the process of using the European Small Courts to pursue my claim- backed by this evidence from AESA. (Have a look on the Ryanair thread which I will keep up to date).
In my opinion get in touch with AESA and see what they return but you may have to go to court to see any compensation delivered.

spud42

Monarch Flt ZB 265 13/7/12 from Alicante to Gatwick arrived over 3 hrs late due to outbound flight from Gatwick to Alicante being 4 hrs late due to mechanical problem i.e replacement of faulty hydraulic pump.Monarch refuse to pay compensation claiming "extraordinary circumstances beyond control of airline". I countered this saying it was a maintenance (or lack of) problem certainly within their control but they still refuse to consider my claim.I complained to CAA but they claim it was outside their jurisdiction as the flight was from a non-UK airport although I pointed out the root cause of our delay was a UK based problem. The CAA advised that I should take up the matter with appropriate National body. Has anyone had any success with the Spanish authorities? I can imagine them washing their hands of my claim saying it was a UK problem.

Vauban

spud42 wrote: »

Monarch Flt ZB 265 13/7/12 from Alicante to Gatwick arrived over 3 hrs late due to outbound flight from Gatwick to Alicante being 4 hrs late due to mechanical problem i.e replacement of faulty hydraulic pump.Monarch refuse to pay compensation claiming "extraordinary circumstances beyond control of airline". I countered this saying it was a maintenance (or lack of) problem certainly within their control but they still refuse to consider my claim.I complained to CAA but they claim it was outside their jurisdiction as the flight was from a non-UK airport although I pointed out the root cause of our delay was a UK based problem. The CAA advised that I should take up the matter with appropriate National body. Has anyone had any success with the Spanish authorities? I can imagine them washing their hands of my claim saying it was a UK problem.

Lots of examples of this in the main Monarch thread. General pattern of experience is that the Spanish NEB are helpful - and write to Monarch. Monarch do not reply, so the Spanish rule in your favour by default. Of course, it doesn't much help - you still need to take Monarch to court!

HitAndMiss

We are very aware that the CAA are very busy, but one gets the impression that they are not prepared to give any answer that might upset the airlines. Has anyone received a response from the CAA yet about flight departing from the UK regarding either the extraordinary circumstances or the 50% reduction in compensation for flight delays between 3 and 4 hours that Monarch for one are giving.We wrote to the CAA in November and are still awaiting a full response. All we have received is an acknowledgement and reference number. Any feedback /opinions would be welcome on this issue. Thank you..

Vauban

HitAndMiss wrote: »

We are very aware that the CAA are very busy, but one gets the impression that they are not prepared to give any answer that might upset the airlines. Has anyone received a response from the CAA yet about flight departing from the UK regarding either the extraordinary circumstances or the 50% reduction in compensation for flight delays between 3 and 4 hours that Monarch for one are giving.We wrote to the CAA in November and are still awaiting a full response. All we have received is an acknowledgement and reference number. Any feedback /opinions would be welcome on this issue. Thank you..

I wrote to the CAA in early January. They replied a month later to say that Monarch were claiming extraordinary circumstances and therefore that they (CAA) would write to Monarch to requests engineer reports, etc, and investigate.

Having heard nothing, I rang the CAA again this week to chase. It transpires that, two and a half months after their February letter, Monarch had still not responded to the CAA. So - at my prompting - the CAA have written again. Not very impressive, really.

I would give the CAA a call and find out where they've got to.

Mark2spark

HitAndMiss wrote: »

We are very aware that the CAA are very busy, but one gets the impression that they are not prepared to give any answer that might upset the airlines. Has anyone received a response from the CAA yet about flight departing from the UK regarding either the extraordinary circumstances or the 50% reduction in compensation for flight delays between 3 and 4 hours that Monarch for one are giving.We wrote to the CAA in November and are still awaiting a full response. All we have received is an acknowledgement and reference number. Any feedback /opinions would be welcome on this issue. Thank you..

I agree, I've not yet read one post where a positive reply from the CAA has been given.
The point of involving them diminishes by the day.
I say follow the three rules:
Write and commence claim with the airline.
Write again 14 days later giving them 14 days notice to settle.
14 days later issue a court claim.
AND NOTHING ELSE.