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    • Thank you for your time Andy , really appreciate it . I will get it all filled out and take it to court by hand , at least I know that they have received it then. 
    • as with all of these things you chuck the kitchen sink in and hope that you are ganted the right to appeal and then the new judge will  decide what you can and cant use so until it is actually rejected you go for it and argue all points that you possibly can. When your judge told you that you coulndt appeal it meant that he wont hear it again ( as the first stage of an appeal will be at the same court) so if yu are saying that he misdirected himself then it is possible he could reconsider the poinyt you say is wrong and decide that you were right after all and no-one else has to pay a small fortune to turn up and start all over again. This is where you need plenty of persuasive or compelling examples so he is persuaded that he did lead himself down a blind alley.   Now where the Beavis decision was inportant as far as procedure goes si the decision of the lower court was made by HHJ hegarty, who always found in the parking co's favour but those decisions were generally ignored by other judges even though he outranked them and others are supposed to consider his decisions as being binding. The next court went with Hegarty partly because of his rank making it almost impossible not to do so. So you need to know what rank your judge was, the lowest being a Deputy District Judge and also look at his CV and see who he worked for beforehand and what sort of cases they handled. if he was once in house counsel for Capita there would be a strong claim for a lack of independence in his decision making!
    • As a business, you are responsible for delivery – meaning safe delivery in satisfactory condition of the goods which are ordered online. On the other hand it seems to me that there is an implied term that the customer will make reasonable provision to be available or to facilitate the delivery. If the notifications et cetera have been properly made then I would have thought that you would be in the clear. In case you haven't already then for future reference I would make it clear on your online store that this is what you expect from customers and that by continuing with the purchase, this is what they agree to. I don't think it will change very much but it will be evidence that the customer was put on notice and knew the risk
    • Hi We sell flowers online   We have a customer who despite many notifications of attempted delivery and then taking to the post office for collection have failed to collect their goods and  allowed them to die.   We know the law states that perishables are not cancellable or returnable   But what if the customer doesn't bother to collect Are we still obliged to refund  If not can you show me where in law it states this   Thanks    
    • well they cant.   best idea might be to get an N244 running to the court and get the CCJ set aside    
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Chipper64

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We booked flights quite a few months ago from Liverpool to Amsterdam (there were 4 of us). A few days before our planned departure, we received an email of EasyJet to inform us that our flight could be subject to delay or cancellation due to air traffic control strikes in France. However, we arrived at Liverpool airport at approx. 03:30 for a 06:00 flight departure. On arrival at Liverpool, we then saw an email off EasyJet that had arrived approx. 03:00 saying our flight had been cancelled due to air traffic control strike. We were offered a refund or options of Bristol or London for flights (each being well over 3 hours drive away). We refused those options and decided to check out Skyscanner since we had pre-booked accommodation. We found flights from Doncaster for 15:00 that same day, returning Monday. Although arriving in Holland and returning to the UK at much later times, those flights suited us so we drove (2 hours/100 miles) to Doncaster.

 

We then had to pay for parking (at last minute prices!! and we lost time at work on the Monday we returned to the UK (late evening instead of early morning).

 

Are EasyJet supposed to compensate us or just provide a refund for their flight tickets? I’m not sure if air traffic control strike constitutes 'extraordinary circumstances' which is something i believe many airlines hide behind.

 

Thanks for any help/advice or info.

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Refund only.

While the airlines sometimes do try to hide behind “extraordinary circumstances” for things that aren’t, an air traffic control strike is one such event not in their control, and that they aren’t obliged to compensate you for.

Did you have travel insurance? If so look for what they will provide (I’m thinking delayed departure claim)

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