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00765

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  1. Morning, I asked BA to kindly provide me with independent evidence of the extraordinary circumstance. They have not provided me with the evidence but instead the below response to that request " We’re sorry you remain unhappy with the outcome of your claim and we understand why you needed to get back in contact with us about this. I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response's you’ve received about the eligibility of your compensation claim are correct. This means you won't receive any further responses from us about this claim. As your flight was cancelled because the aircraft experienced severe turbulence whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate, which means you’re not eligible for compensation. You can refer your complaint to the Centre for Effective Dispute Resolution (CEDR) for an independent decision to be made. CEDR is an independent dispute resolution provider, certified by the Civil Aviation Authority, to adjudicate disputes between airlines and their passengers which haven’t been resolved through the airline’s own complaints procedure. You can find out how to refer your complaint to CEDR by visiting their website: CEDR Please note that the scope of the adjudication scheme is limited and it could be that your complaint falls outside of it. If you choose to contact CEDR, they’ll be able to advise you if they’re able to deal with your complaint. If your claim falls within the scope of the CEDR Scheme Rules and your application to CEDR is accepted, any previous offer of settlement made by British Airways will be withdrawn. If the application is taken to adjudication, the adjudicator's decision will be final. Thanks again for contacting us." I don't understand why BA did not source an alternate aircraft at their hub at LHR, which happens to have been the airport from where i was departing. The incident occurred 22hrs prior to my scheduled departure. What am i missing here? And why are they not providing me with evidence beyond their 'word'?
  2. In the bigger scheme of things, £25 is bearable however I do need to consider my chances of success, as I don't want to expend huge amount of effort & energy at a losing battle. If I do decide to pursue the claim, do I have to complete an ADR form? What is the process I would need to follow? Thanks
  3. Good morning, BA have responded and refused my appeal. Below is BA's response" An update from British Airways We’re sorry you’re unhappy with the outcome of your claim and we understand why you needed to get back in contact with us about this. I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response you’ve received about the eligibility of your compensation claim are correct. As your flight was cancelled because the aircraft experienced severe turbulence whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate, which means you’re not eligible for compensation. Article 5.3 of the EU Regulation 261/2004 and The Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your cancelled flight. If you would like to know more about compensation, please visit our pages on ba.com. We know this experience didn’t meet our usual standards, and so I’d like to offer you an eVoucher for £50.00, which I hope goes some way towards making up for what happened. There are full details about how to use this here. eVoucher number: Name: Value: £50.00 Expires: 15 January 2025 Thanks again for contacting us. Once again we're sorry for the inconvenience that was caused to your journey and I hope we have the chance to welcome you back on board again soon. Best regards" Should I go to ADR?
  4. I have submitted the appeal & will post BA's response , once I get it. Thanks for all your comments .
  5. Thanks for this Kyosanto, you have articulated excellently what I was thinking regarding BA's bad logistics , not being my issue. . I will pursue this & let you know how I do. Thanks again. You've given wind to my sails!
  6. I booked a direct flight from LHR to Baltimore USA on 17/12/23, with British Airways. The flight was cancelled . The original flight was due to depart at 3pm GMT. I was placed on an American Airlines flight which departed from LHR at 5:30pm going to JFK not Baltimore. At JFK I then had to secure another flight which took me to Reagan airport in Washington DC instead of Baltimore. I was originally due to arrive in Baltimore at 6pm local time but instead arrived at Reagan airport at 11pm local time, some 5 hrs after the expected arrival. I then had to make my own way to Baltimore. I provided the above info to BA in my claim, for EU26 compensation. I received the below response, today "We’re sorry it was necessary to cancel your flight to and understand why you needed to get in contact about this. We take all reasonable measures to avoid cancelling a flight and we’ll always consider if there are any alternative solutions available before we make a decision. Your claim's been refused because was cancelled because the aircraft experienced severe turbulence whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule. Thanks again for following this up with us. Once again we're sorry for the disruption caused to your journey and I hope we have the chance to welcome you on board again soon." Is this decision correct, can I pursue this claim further or have I reached the end of the rd? Thanks
  7. I have heard from McDonald's Heathrow. Below is their response "I am writing further to your contact regarding our Heathrow restaurant. I have noted your comments and welcome the opportunity to confirm the policy on this matter. Putting in place enforcements within our car parks is only done after careful consideration and absolutely as a last resort. Primarily, we use parking measures to ensure there are spaces available for our customers’ vehicles, as well as to deter unwarranted or unreasonably prolonged usage of the parking. This is especially necessary at our restaurants which are in close proximity to airports such as Heathrow where we have seen our parking bays used by non-customers in the past. I can confirm these restrictions are managed by an independent company who are responsible for monitoring the car park and taking details of registration numbers. The regulations and signs at the restaurant clearly state the policy and the relevant charges. I've just spoken with the manager at the restaurant and they have agreed that on this occasion they will contact the parking company and have the ticket cancelled." Great result!! Thanks FTMDave for the suggestion that I communicate with McDonald's. Huge appreciation to everyone on this page who assisted. I am grateful
  8. Thank you all, I have sent the email & now , wait. I'll update you as things proceed Thanks
  9. Morning , I have documentation for my current medical situation. Below is my hastily drafted letter to the McDonald's CEO. Is it OK? "I was issued with a MET parking ticket on 5/3/23, at Mcdonald's Drive thru Heathrow, Hayes, UB3 5AR. I was experiencing a low blood sugar event , as I am a Type 2 Diabetic. As it is a criminal offence to drive in the stated medical condition, I therefore stopped at the earliest convenient location where I could also purchase some juice to assist in lowering my blood sugar level, which was the McDonald's, Heathrow. I purchased a breakfast including an orange juice . I waited until it was safe for me to drive. I explained this to MET who rejected my appeal. Under the guidelines of the government Code of Practice, I did not overstay at the stated location. Further, given my diabetic medical emergency, it was contrary to the Equalities Act, for MET to reject my appeal and my medical emergency, will have rendered any contract as automatically frustrated and impossible to be formed. Unfortunately since MET sent their appeal rejection letter, I have suffered a further medical emergency, which has resulted in my hospitalisation. This has meant that I have not been able to appeal to POPLA within the specified time period. The on going saga of this matter, is not conducive or assisting, my current urgent medical situation. Indeed, the matter is causing me unnecessary stress, which is compounding, my medical condition. Given my diabetic emergency, taking account of the Equalities Act, the fact that I did not overstay, under the guidelines of the government Code of Practice and that any contract was frustrated and therefore not formed, I kindly ask McDonald's, to kindly intercede in this matter. I kindly await your imminent response, in hopeful anticipation. Yours sincerely,"
  10. Hi, I have been very unwell with kidney stones since 22/4/23 hence my silence. I was just released from hospital. I remain unwaell with a stent inserted into my kidney & stones still in my kidney, as i await an appt for an op to remove the stones. The submission date for my appeal to POPLA, expired yesterday, so not sure if there is anything i can do but I have answered the questions as best i can below Please answer the following questions. 1 Date of the infringement 05/03/2023 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/03/2023 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s Already uploaded at post No. 5 3 Date received Don’t recall but think it was within the 14 days 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No 5 Is there any photographic evidence of the event? YES 6 Have you appealed? [Y/N?] post up your appeal] YES It was completed online, I do not have a copy but what I wrote is in post No. 1 Have you had a response? [Y/N?] post it up YES Already uploaed in post No 7 7 Who is the parking company? MET Parking Services 8. Where exactly [carpark name and town] McDonald's Heathrow, Hayes, UB3 5AR For either option, does it say which appeals body they operate under. POPLA
  11. Thanks Honeybee for the link. So hoping I now have the correct link. Please see below Which Court have you received the claim from ? N/A If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant : MET parking Services Claimants Solicitors: N/A Date of issue – 10/3/2023 Date for AOS - I sent appeal to MET on 28/3/2023 Date to submit Defence - I have until 3/5/2023, to appeal the rejection letter to POPLA What is the claim for – Allegedly stayed in parking lot for 72 minutes rather than 60 minutes What is the value of the claim? £100 Thanks
  12. Here is the rejection email I received On my laptop I now see no link tab . I'll try again later when I get home from work. Thanks 2023-04-05 MET appeal rejection letter.pdf
  13. Good morning, I've only just finally, been able to find the original ticket notice. Honeybee kindly sent me a link to the parking ticket questionnaire but i now cannot see Honeybee's post. FTMDave's link, unfortunately did NOT take me to the parking ticket questionnaire. Can someone kindly resend or send me the link, for the parking ticket questionnaire. Meanwhile i will upload the ticket letter. Thanks 2023-03-10 MET NTK.pdf
  14. I appealed a MET Parking Services ticket received for staying at a Mcdonalds beyond 70 mins. below is MET's rejection of appeal letter 'Thank you for your correspondence received in regards to the above parking charge. The terms and conditions of parking are clearly stated on the signs prominently displayed around this site. These include that parking is for customers whilst on the premises only and that there is a maximum permitted stay in this area of 60 minutes. Your vehicle remained on site for longer than the maximum permitted stay therefore we believe the charge was issued correctly and we are upholding it. We note your comments, however, the time limit was still applicable. We are confident there are sufficient signs at this location bringing the terms and conditions of parking to the attention of motorists and it remains the driver's responsibility to check the signs where they park and comply with the terms and conditions. This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision. You have reached the end of our internal appeals procedure and you now have a number of options: 1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the parking charge notice at the price of £100 within 28 days of today's date. Please note that if payment is not received by this date further costs will accrue if the case is passed to our debt resolution agents for collection or if we need to proceed with court action to collect the money due to us. Payment may be made online at www.paymetparking.com or by phone on 020 3781 7471. 2. Make an appeal to POPLA, the Independent Appeals Service, within 28 days of the date of this letter by going to the online appeals system at: www.popla.co.uk using verification code: xxxxxx Please note that POPLA will consider the evidence of both parties and make their decision based upon the facts and application of the relevant law. Please note that if you opt to appeal to POPLA, and should POPLA's decision NOT go in your favour, you will be required to pay the full amount of £100.00. Please note if the contravention occurred in Scotland only the driver may appeal to POPLA. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above. 3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action." In my appeal, I explained that i did not see any signage & in any event, I have diabetes, o sugar was very low, so i stopped at Mcdonalds to buy some orange and waited for my blood sugars to settle. I now want to appeal to POPLA. Are there any legitimate grounds upon which I may have a hope of succeeding on appeal to POPLA? Thanks
  15. The council did not advise me to submit a TEC, they have maintained that the bailiff efforts to extract at least £513 from me, will continue. the council has written 2 letters refusing to change their decision. Both letters which were attached to an email , are addressed to my previous place of residence , which must be where they sent the NTO and other correspondence. Someone has advised me to submit a TEC
  16. Hi Bootworm & apologies for delay. Council have refused to rescind the PCN or stop the bailiffs, so I've been advised to submit a TEC. I've never submitted a TEC, so will ask here if anyone knows how to submit a TEC. Wishing you the best in your battle with Croydon Council. I'll update here as my war with the council progresses
  17. No change of address but many royal mail staff in my area at least, were off work during late 2020 & early 2021 & as sure our mail in my area was severely disrupted
  18. Thanks I don't recall completing the TE7 for the appeal on the x2 PCNs, which I actually did receive. In that instance I was appealing to the London Tribunals, the council's rejection of my appeal to the council . I've attached 2 sections of the TE7 . With this bailiff situation, do I select the 'outside of the given time' or 'for more time' option, on the TE7 Is my reason for making the TE7 application , what I should be saying or am I missing anything? Thanks I've spoken to the council & they have advised me to send them an email & copy Newlyn I can't find Newlyn's email address on the letter I have attached my draft letter to the council. Should I make any changes? Thanks Have converted docx to pdf for you and removed the docx.BN TE7+letter to Council.pdf
  19. Thanks dx 100uk, Just so I’m clear, 1. I should first send email to bailiff saying x2 previous PCNs for same street went to tribunal & I won , this one I never received any correspondence so could not defend it else I would have & will now be defending it? 2. email the council tell them similar thing , send them tribunal decision of other two? I need to get confirmation alleged contravention fir this PCN . How should I do that in terms of getting the council to release those details to me? thanks
  20. No I’ve not moved but mail delivery was very bad between late 2020 to mid 2021. I was told that it was all related to COVID-19
  21. I received a envelope through my post yesterday evening, from Newlyn PLC, stating that I need to pay £513 immediately or the bailiff would be back to remove my belongings. I received x3 PCNs in quick succession early in 2021, from Croydon Council for the same street (during the height of Covid19). The PCNs arrived at least 1 month after the alleged contravention. I paid the 1st PCN, thinking that i had committed the contravention . When i received the next 2 PCNs for the same street, I appealed them to the London Tribunals & won. I never received any correspondence, PCN or anything else, in relation to the stated PCN, else I would have appealed it along with the other 2 PCNs. How do a go about trying to quash this fee & stop the bailiff from attending my home? Thanks newlyns control of goods.pdf
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