Comments Needed: Draft Guide to Claiming Flight Delay Compensation
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Just a couple of points from me.
When explaining about mediating, it would be useful to suggest that the claimant prepare carefully for the phone call and be confident in the use of the relevant case in law that they have quoted previously. I know you have mentioned that some airlines may test the resolve of the claimant, I understand your point here but seeing some of the questions asked on here, not sure some people will be fully prepared.
Lastly, 6.12, you explain the formalities of the hearing being less formal than expected but you don't highlight the fact you may not need to attend the hearing at all. Just thought the fact that it sounds like you have to attend court may put some people of taking the airline to court.
I hope the comments I have made are correct and that you don't mind me pointing these small things out.
Thank you once again for all the effort you and others have put into this.
Sue
Many thanks for these helpful thoughts - and your kind comments.
I'll expand the bit on mediation to include the points you make (I never went through mediation myself, though I agreed to it: Monarch's lawyer never "dialed in" on the agreed time/date, and then subsequently withdrew!).
On the hearing, I'll also make the point that you may not have to attend the hearing. Clearly there's no hearing, for example, in the ESCP. And sometimes a judge will indicate s/he's happy to conduct a paper hearing only. But two points in return ...
1) No one should start a small claims action unless they are reconciled to going before a judge if necessary (and not turning up to a hearing would be fatal to a claim, I imagine);
2) It is generally to the advantage of the claimant to have an oral hearing, where they can challenge fallacious assertions made by the airline and expose their inconsistencies (I know Bigmama would agree with this!). In my case, the hearing was central to unravelling Monarch's defence - which the paperwork alone might not have done.
In fact, perhaps it might be useful to make these points in the Guide?
Other point about the small claims mediation service is that, in my experience it's a waste of time, again not just in airline cases. In an ideal world, the Court would adjourn to see if mediation works and if not fix a hearing date.
But this has changed. The Court service has targets for the time from issue of the case to the date of the hearing. Time limits are all important to the authorities (I don't mean the Judges). If the hearing is delayed for mediation, the target is missed and it looks bad. So Judges are now told that even if they refer a case to mediation, they still have to fix a hearing date supposedly allowing sufficient time. The cuts in the mediation service mean that the hearing date often takes place before a mediator has even started. This assumes of course that both parties are prepared to mediate.
If you are lucky to get a mediator, it's only over the phone and usually one quick call. Sorry to be so cynical but what was a great idea has fallen apart because of the cuts to the system and the authorities' mania for targets.
JJ
Changes now made.
Further comments still welcome.
I had my European small claims procedure head on when making my point and I should have added that people may fear that they will have to travel to the relevant country to have their hearing heard, which could put people off but as you have already mentioned Vauban, this is not normally the case with this procedure. I should have stated this in my comment, sorry.
Also, Legal Magpie, thank you for your comments on the Mediating process, I wasn't aware of this. However, if you are in the position, like I have been recently, the airline may decide to try and settle out of court and ring you themselves, this is what I am referring to and not the court mediating as you mentioned. I'm not sure how often this happens but obviously does, just as in my case. Maybe I should have made this clearer too, sorry.
I think I will leave it to the experts from now on haha.
Thank you for responding.
Sue
Hi Vauban,
It's a great document and very well written, well done for having the inclination.
Can I suggest that the CAA section could include a passage pointing out that although they have no powers of enforcement, which they often like to quote, they are not without any powers.
They can impose a fine, of up to £5000, upon any airline that continually breaches the rules but have NEVER done so.
This further emphasises the fact that the CAA should not be seen as fair or impartial when overseeing their paymasters, the airlines.
I don't think anyone believes that the CAA couldn't do more to help passengers. As my late grandmother used to say, "can't means won't"!
Anyhow, since putting the guide on Orangedox a few days ago (which allows you to see how any times it's been downloaded from DropBox) I see that over 100 folk have downloaded it. So it's good that it's getting some use.
Thanks again to all those who offered comments. I'll continue periodically to update it.
Well done mate