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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Eurostar: compensation for denied boarding / huge delay? County court claim - ***WON***


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Good evening,

 

For once I will submit a question instead of advising, as I am really not sure what I should do.

 

My sister visited for Christmas, she purchased a Eurostar return ticket from Paris to London.

 

The return journey wasn't brilliant...

 

Eurostar advises to reach the London station at least 30 minutes before the departure time. On 26 Dec, she arrived around 45 minutes in advance (because buses to London were slower than usual due to city traffic), just to find an immense queue at the checkin.

 

Time went by and when she reached the checkin desk, the operator said that it was too late to board the train!

 

The only "solution" they offered to cross the channel was to purchase another ticket for a next train. While she had purchased the return ticket for around 75 EUR, she now had to pay an additional 150 EUR! The operator said she didn't have a cancellation or change option on the ticket.

 

I find this insane.

 

She has sent a long complaint, as by experience Eurostar deals rather well with customer problems (back to 2009, I was in 3 trains, the first time the train got burnt; the second time the tunnel got flooded; the third and last one, I stayed stucked in the tunnel for 3 hours).

 

They have replied that the delay was due to additional passport and luggage controls.

 

They have directly processed a refund of the first ticket price.

 

Still from my perspective:

- she suffered a delay of several hours;

- on top of this, the delay costed her 75 EUR;

 

Eurostar also said that they didn't communicate with customers (text, email) although they were aware of the delay, because... this isn't what they normally do.

 

Any advice on how to pinpoints evidence against regulations or enforcement bodies' guidelines?

 

I believe in a fair world she should not only have suffered any financial loss, but also should get compensation for the delay.

However, a total refund of the second ticket will still be better than having to pay 75 EUR!

 

Any advice?

 

Thanks in advance.

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I am only reading this on my phone so apologies if I have misread your post but from what I see , your sister was delayed because she failed to check in on time, is this correct? If this is the case I fail to see how eurostar are greatly in the wrong

It is easier to enter a rich man than for a camel to pass a needle

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Hello there.

 

I'm sorry to agree with ssparks' view, when I've travelled on Eurostar and the queues have been long, the staff have walked down the queues asking anyone who is booked for a train due to depart fairly shortly to identify themselves.

 

Did your sister approach a member of staff?

 

HB

Illegitimi non carborundum

 

 

 

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  • 2 years later...

Good afternoon,

 

I'm terribly sorry but I missed to provide feedback on the "case".

 

After complaining to Eurostar in January and Febrary 2017, Eurostar denied being responsible for the missed departure. This was even if my sister was present at the checkin desk as per the ticket's T&Cs.

 

There is in France a public dispute resolution bureau which accepts to handle this type of consumer claim. However, they charge a standard fee for all claims.

 

We presented a complaint to the Eurostar "médiateur" which did not accept the claim (as you would expect) and said Eurostar does not warn passengers.

 

On this basis we presented the complaint to the European "National Enforcement Body", with details of the ticket's T&C and the experienced issue.

 

They advised that the transport company must meet the obligation to notify passengers of the problems going on with the transport management. In other words, problems happenings at border and causing delays in checkins or departures must be notified to the passengers (text, email) so that they can adjust in consequence.

 

This is based on Rail passenger Rights - Regulation (EC) No 1371/2007 sections Delays and cancellations and Security, complaints andservicequality

 

Financially speaking this means a 50% compensation must be paid for the delay, plus a refund.

 

On this basis, a court claim was presented for the above payments and was settled by Eurostar.

 

"Know your rights".

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Thank you for updating us with this. It is very useful information and well done on your victory.

 

It's a shame that companies like Eurostar need this rough treatment to get them to honour their consumer obligations.

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