I like the idea of a letter before action type approach... think I'll try that!

No we have 6 years to make a claim, we'll 5 now as it's from the date when shexwas denied boarding

I'm not sure, part of me says "hell yeah, let's dot it!" but the other part knows how much work it was PLUS there's a chance it might get allocated to their local court which, incidentally,  I was quite surprised it was allocated locally to me!

Update

They attended court and their entire defence was based on the fact that it is my (then) 13 year old daughter who should have brought the claim and then I should have litigated on her behalf and I therefore acted unreasonably in bringinb the claim.

The judge and the defending barrister both agreed the evidence I presented clearly showed that I was right in my argument and that the timeline was in fact 72 hours but, their argument re my daughter being the claimant was an issue. The judge actually said I was "scrupulous" in my approach to the claim.

Based on the point of law they used and the fact that aviation law apparently ousts contractual law, the judge said he had no choice but to  dismiss the case and he immediately refused the defence's request for costs, which they claimed they were entitled to due to my acting unreasonably.

In all honesty, we didn't win but we definitely weren't the biggest loser on the day. The judge suggested we might consider bringing the claim again but in my daughters name. 

The most ironic part was that the judge was a pilot so there was definitely no throwing technical airline/aviation jargon around to confuse me, he explained everything clearly and kindly!

We had kissed goodbye to our £££ last September so we're only worse off by thd hearing fee and it was worth it to see them walk out empty handed!!

OK well hopefully I will be back here on Friday evening with an update - if not before!

So they want me to withdraw my claim? The travel costs are £60 for the Barrister but we know there is a rail strike on Friday so how they plan to get from London to Pembrokeshire on 60 quid is beyond me! I will be in court at 10am on Friday!

The remote request hasn't been turned down, the judge just hasn't responded - is that the same thing?

I am swinging between being excited ti get into court to see what happens, and dreading that I have missed something and they smugly know they will win!

OK so I need to do some "thinking out loud" on Friday. I am hoping the judge will allow my hubby as my McKenzie friend

I still can't believe they are sending a barrister to West Wales to defend a £700 claim

Oh really? That's very interesting.

Do you think they might be trying to frighten me?

Oh and it's small claims track. Sorry what do you mean by "reaching"?

This is their breakdown

I have receipts for every item on my breakdown

These are the costs stated:

Counsel’s fee for advising on,
preparing for, and appearing
at hearing on 16 December
2022

£400+VAT for the
Hearing: £480
Travel expenses: £60
Total: £540

Solicitors 1. Defence - £350
(fixed fee) from
10/06/2022.
2. Please see attached
schedule for
27/10/2022.

£350 plus VAT: £420.00
£259.00 plus VAT:
£310.80

I have rung the court and been advised that the hearing will still be in person. I have this afternoon received an email from the defendant outlining their costs to the sum of £1270.80. I haven't put in a breakdown of my claim, should I do that now? 

They have asked for a virtual hearing as they don't have staff to travel, we have not heard anything from the court and the hearing is next Friday... any thoughts?

 In answer to your question, yes I have submitted my witness statement with exhibits, these include:

1. my flight itinerary
2. email from RA with link to Spanish government website
3. screenshot of Spanish government website showing PCR test is required within72 hours 
4. PCR test result certificate with date and time clearly shown
5. copy of email from Spanish Government Travel Health team confirming 72 hours
6. copy of official BOE from Spain confirming timescale

FURTHER UPDATE we now have a hearing date, 16th December, at our local court. We have received their evidence pack which is a one page screenshot of their website advising travellers to check rules of destination country. I've submitted everything I have including a copy of the BOE, an email from the Spanish government,  etc.

Ryanair gave now asked for a remote hearing "due to lack of counsel availability" but I haven't seen a response from the court yet. They declined mediation, I'm still holding out gor a settlement prior to the hearing date.

A few questions...

• Can they offer a lesser settlement and would we be silly to refuse this?
• how close to the hearing data are they likely to offer a settlement if they choose that route?
• if the court agrees to a remote hearing, can I still attend in person?

Thanks in advance!

Louise

Yes we have opted for mediation

I have all of that evidence, ironically, RA would always link to the Spanish government site which clearly stated 72 hours plus I have an email from the government confirming this. I am hoping RA will make us an offer of settlement. I am assuming it will cost them a fair whack to get a barrister to deepest, darkest West Wales

They are saying that the test should have been taken within 24 hours so are therefore disputing that we were given  incorrect information.

Our teen is autistic and the humiliation was just too much, coupled with the fact that we were flying out to surprise my mum whom we had not seen throughout lockdown, they were devastated

Here is the back story:

Booked

11th September 2021

Travel Date

24th September 2021

Travelling      

2 fully vaccinated adults with vaccination certificates
1 unvaccinated 13 year old
1 unvaccinated 8 year old
Paperwork        

2 NHS vaccination certificates both expiring 11th October 2021
1 PCR negative test certificate for 13 year old
4 Spanish QR codes passenger locator forms

Story

We arrived at Birmingham Airport after having checked all entry requirements continuously in the run up to travelling. We were staying at the Novotel Birmingham Airport when we received an email at 5.45am on the day of travel  reminding us to check we had all the correct paperwork necessary to travel. The email contained a link to the Spanish Government website which stated that PCR tests for unvaccinated travellers need to be taken within 72 hours of arrival in Spain. We were due to arrive at 12.40pm on Friday 24th September and the date/time of swab was Tuesday 21st September at 15.30hrs which was 69 hours, giving us 3 hours comfort room within the 72 hour timescale. My parents reside in Fuerteventura so we are well versed with the rules and regulations.

There was one agent on duty at the boarding gate and we were the third party in the queue. A couple in front of us were denied boarding as they had failed to complete the Spanish QR codes and were unable to locate their proof of vaccination so this delayed the start of boarding. The Swissport agent checked our paperwork and asked us if we realised there had been a change in the rules in the past 24 hours and that PCR tests now had to be taken within 48 hours of arrival in Spain. We said that we were not aware and she then told us we could not travel using the PCR certificate we presented as it was outside the permitted timescale. She asked us to stand to one side whilst she boarded the other passengers.  When we asked her to call a supervisor or manager, she told us she would have to email them but “couldn’t guarantee one would come”. 

Our flight was due to depart at 8.30am and boarding did not commence until 8am, there was one agent alone managing the desk and by the time she had checked the entire queue, the gate was marked as closed. She then proceeded to show us “official correspondence” confirming that the rules were now 48 hours and not 72. We showed her various pieces of information, including the official government website for Spain, the UK government website and various links sent to us by Ryainair. The handling agent then told us she had made a note on our booking to say that we had the correct relevant paperwork and had been unaware of the change in rules regarding the timings which should make it easier to get a refund. We later discovered from Ryanair that the note on our reservation in fact states “the test results were out of time”.

We were then escorted out of the airport, along with the other couple refused boarding plus another gentleman who had been off-loaded from the flight. The humiliation of this was awful and made worse by having to console two very upset children, one of whom (the 13 year old) is autistic and was so upset to think that it was her test results which had caused us to be unable to travel.  We spend a lot of time in the run up to a trip discussing it with our daughter, we have to go over the plans, explaining what will happen and what she can expect. She has to be comfortable with the arrangements and any sudden change in arrangements is extremely distressing for her. This is why we always check and double check we have the correct paperwork in place so that we are confident of everything before we travel.

We were later made aware by a Swissport representative (Joanne) that there were other families who had been affected by this sudden rule change when we returned to the Swissport desk to enquire about the situation. Since this situation, it has been confirmed in an email from the Spanish government that there has been no such update and the rule of 72 hours for PCR tests still applies.

I started a MCOL on 6th June 2022, RA have defended the claim, claim has been transferred to our local court, we are awaiting case management directions.

Any advice for me? Is it good news the case has been transferred as I was under the impression that mostly the defendant gets to choose the court.

Any help welcomed!