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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Balkan holidays/bh airlines fligh delay claim response


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Hi please see below the response from BH airlines to my delay flight claim

- seems to be saying, yes the aircraft was broke but we are only a charter company so tough!

Also interesting interpretation of BH holidays terms and conditions. Whats next then SC court?

any views gratefully received:

 

Thank you for contacting BH AIR Customer Service Department and thus giving us the chance to review your complaint. Thank you for your patience while the case was being reviewed.

 

 

First of all, we would like to apologize for the inconveniences you faced due to the delay of your flight.

We do realize that any delay could be quite frustrating and we strive to avoid such occurrences.

Unfortunately, delays in aviation do happen and in such cases we try to at least minimize them as much as possible.

 

We would like to take this opportunity to explain that your return flight was delayed due to a combination of factors which made it very difficult for the airline's ground-handling agent to predict how long it would be delayed for.

We can advise that your flight was unfortunately adversely affected by a series of cumulative delays to the aircraft on

earlier rotations.

 

 

The root cause of your delay was a technical problem to the aircraft on a previous rotation.

We naturally regret to hear that the end of your holiday was marred by the above delay.

*We can advise that the track record of BH Airlines on timekeeping is very good, but unfortunately sometimes delays do occur for reasons beyond our control.

 

As a charter airline BH Air has less flexibility than other airlines (such as e.g. Lufthansa or Air France) to replace an aircraft in order to comply with its initial schedule. Preventing this delay would have led us to making „intolerable sacrifices” in the light of the capacities of BH Air’s undertaking at the time of the flight, which sacrifices (as per the rationale of the European court judgment on Case C-294/10 (Eglītis-Ratnieks v. Latvijas Republikas Ekonomikas ministrija) we have no legal obligation to make.

 

 

Evident from the above, the delay of the flight was caused by circumstances which we could not avoid even where we took all reasonable measures within the capacity of our airline.

 

Furthermore, we would like to advise you that BH Air operated the flight on the basis of an aircraft lease arrangement but not a contract of carriage with you and the members of your family as passengers.

 

 

The flight schedule announced was for reference only.

As stated on Balkan Holidays website – flight timings and routings are only provisional and may be subject to change! Hence, the Airline had no contractual obligation vis-à-vis you and your family to comply with any specific flight schedule and may not be responsible for any flight delay.

 

 

For that reason and reasons mentioned above, we may not honour your claim for compensation under Regulation No 261/2004 or otherwise.

 

 

That being said, we would like to take this one last chance to apologize for all inconveniences caused.

We always strive to give our passengers only the best customer service and so your feedback as it is highly

appreciated.

 

 

We hope that they will give us the chance to welcome you on board our aircraft in the future and give you the customer service you deserve!

 

Kindest regards,

BH Air Claims Team

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It is funny how BHAir's website has a section on passengers' rights!

http://bhairlines.com/page.php?id=51

 

I doubt a court would agree with them that there was no contract to carry you as passengers (who did you pay for the whole holiday, or who did you pay for the flight if paid separately?) (was their contract to carry you with yourself or with an intermediate third party?)

 

Even if your contract was with another firm (and their contract with another firm too) : BHair are the "air carrier", they are an EU air carrier, and the flight was to or from an EU destination?.

 

So your options are to complain through Bulgaria's equivalent of the CAA, or send the airline a rejection of their reply, and a (14 day?) letter before claim, prior to going down the Small Claims route.

 

The latter may be speedier / easier!

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