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garygumps

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  1. Update time i have a hearing date!! 13 December Just have to get my bundle together now. it’s been so long now I am thinking of redoing it so to speak and concentrating on the missing busses. Lyinair whole defence is based around weather etc and they are adamant that coaches were provided. Previous experience by others seem to suggest that arguing against weather is next to impossible but I have plenty of evidence about the bus aspect which is let’s face it the reason we weren’t on the flight.
  2. Hi everyone. Just thought I'd update you all. Basically I'm still waiting for a hearing date as the courts here in NI are sloooowly working their way through the backlog.
  3. A few other points that keep nagging at me........ The email sent from Ryanair at 17.29 apologising for delay etc and setting out the options of refund or rerouting. At this point, they were intending to fulfull the flight (which they did), so why give this out? The flight did go ahead, so why were Ryanair still willing to give me a refund when effectively they are saying I missed the flight? The more I think about it, they effectively denied me boarding the flight in KAtowice.
  4. I'm claiming EU compensation as part of my claim as I did experience a delay in over 3 hours. This is not in dispute. I am more interested in recovering my losses as a result of Ryanairs failure to carry out what they promised to do! If they had supplied the coaches etc as promised there would be no comeback from me. I would have been rightly pissed off with the huges delay (neasrly 10 hours) but at least I would have got home. Yes, I agree proving the EU 261 element of my claim will prove difficult but I through it in there as a belt and braces approach. However, I do belive they owe me what I paid out to get me home as they to all intents and purposes, abandoned me and nearly 100 others. Any rerouting option was either unacceptable, ie, several days waiting or none was offered.
  5. Sorry, forgot to answer this at the time. I applied to the court to add my partner's name to the action and this was allowed. Also, is there any way, case law for example, to dismiss the excuse of extraordinary circumstances relating to weather? Snow or something at a sunny location could be deemed extraordinary? I believe that fog is a common occurance at Krakow Airport and indeed my inbound flight was diverted to Katowice! So obviously the bussing of passengers to and from other airports happens all the time so should be a well practiced operation.
  6. So are you saying that in my case the claim for EU compensation is on the weak side? To be honest, I am more interested in getting my money back that I had to fork out to get home. Ryanair's service and attitude was appalling and this is the main basis of my small claim. The Small Claim Court's whole reason for being is for this type of poor service and to seek redress.
  7. I am claiming EU compensation plus additional expenses incurred. The coach transfer did not happen. I have numerous statements from fellow passengers to corroborate this. Also Annex C Daily Movement Sheet shows that the flight took off from Katowice with 10 passengers on board! Hardly supporting evidence that passengers were transported to the flight? Regarding the help desk rerouting option etc. These options were sort of denied for us as we were told to wait and wait which gave us hope that something was going to be sorted out. Then eventually it was too late and given the amount of people in the queue by the time I and loads of others got to the desk we were basically told to make our own arrangements. Any available rerouting options/space on planes or whatever had already been exhausted I would assume? Anyway, thanks for all the comments. All very encouraging as I sometimes get doubts about this.
  8. Hi Scourge, Thanks for the comments, I will try and clarify a few things so that maybe you can understand my case. Technically, the flight was delayed due to weather at Krakow and subsequently transferred to Katowice. The passengers were told to wait for transport (coaches) to take us to the new departure airport. After hours of waiting, it was apparent that no such transfer was going to take place and thus we missed the flight. After hours of queueing at the help desk, we were told that rerouting was not an option ( I think next available flight was several days away, clearly unacceptable) and basically told to make out own arrangements! Only then did I arrange alternative flights etc to get us home. I did claim a refund but only after I got home as I considered that reasonable as it was well after any contractual liability. I have since offered to reduce my claim by the refund figure. So, in summary, if Ryanair had done what it was supposed to do, ie, transport us to the new airport, this whole situation wouldn't have arisen.
  9. Here is a copy of the "defence" for anyone to have a look at and advise. Many thanks group! Gary NOTICE OF DISPUTE redacted.pdf
  10. Sorry Bankfodder, didn't realise I could post this on the open forum.
  11. Hi Scourge, Actually I decided to look over their defence again as it had been a long time and there is a few sections about birdstrikes! To be honest I never replied to their defence asI was under the impression that I would be doing this at court at the hearing when I could argue that their defence was missing the point entirely. If you like, I could send you a copy of their defence for you to look through? Perhaps then you could see if it is a generic template that you may have comeacross before?
  12. Hi Scourge, No, no mentions of birdstrikes. Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect. All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements. Yes, the solicitors quoted £350 as cost of them preparing this defence.
  13. No update I'm afraid. All SmallCLaim actions are on hold in the courts here in NI. Who knows when things might get back to some sort of normal? I'm reckoning at least back end of this year at the earliest. As I said I've done all I can and just waiting to hear from the court about a hearing date. Gary
  14. Hi Scourge of Ryanair, Thanks for your support. As I said, the case is in limbo at the moment until court services get back to "normal". I am happy enough with this. I never really got a satisfactory reply back about the ESCP but because I can enforce any judgement in ROI I am happy to continue with my current action. I am all prepared for any hearing and feel I have a good case. I am looking forward to completely sidestepping Ryanairs defence of bad weather etc. and focussing on their failure to provide the transport, as propmised, to the new departure airport. I have many witness statements from fellow passengers and news reports to back this up and also Ryanairs own flight data showing only 10 passengers made the flight.
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