Jump to content

  • Tweets

  • Posts

    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
  • Recommended Topics

  • Our picks

  • Recommended Topics

Flight cancelled by Airline. Not allowing rebooking to new dates.

Recommended Posts

Had a flight booked via BA but operated by their partner Finnair which was cancelled by them in December 2020. Originally I was told I could leave it pending and call back to rebook when I knew the new dates or claim a refund. Since the flights for Dec 21 were not released then I decided to call back later. When I called back a couple of months back they said my ticket was only valid till September 21 as I bought the ticket in September 20 and refused to rebook me. 


This is a trip to Lapland and it hardly makes any sense to go before September. It needs to be done around Christmas as it was a winter activity holiday. Spoke to a few people about this and they advised that I take BA to court under EU261 Article 8 Schedule C which says - re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience. According to EU261 they can't force their own ticket rules onto you as the EU261 supersedes it. 



Article 8 – Right to Rerouting


1. Where reference is made to this Article, passengers shall be offered the
choice between:
(a) - reimbursement within seven days, by the means provided for in
Article 7(3), of the full cost of the ticket at the price at which it was
bought, for the part or parts already made if the flight is no longer
serving any purpose in relation to the passenger’s original travel
(b) re-routing, under comparable transport conditions, to their final
destination and at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final
destination at a later date at the passenger’s convenience, subject to
availability of seats.



The airline is saying I can have a refund but its too late to book the new flights now as they are £1,000pp.


Took them to MCOL after booking new tickets and they have replied that it was Finnair who was the operating carrier and that BA are not responsible under Article 8. So I guess I need to go after Finnair but I was reading a thread on here about Ryanair where the OP couldn't take them to the UK court and had to go to Irish court?


Finnair says they can't do anything as its a BA ticket and they can't reissue it which they are right about. BA needs to do this after talking with Finnair. 


What do I do for my case now? 



Link to post
Share on other sites

"… and they have replied…" – Who is "they"?

Link to post
Share on other sites

I took BA to MCOL and they replied to the court. Basically claiming that they weren’t the operating carrier and their terms state tickets only valid for a year which I accepted when I booked ticket. 

Link to post
Share on other sites

Please would you post up the claim form and the defence in PDF format.

Presumably the flight was cancelled because of Covid regulations – is that right?

Link to post
Share on other sites

Yes. They are saying the following - 

"The rebooked flights were subsequently cancelled due to the ongoing restrictions and travel advice on COVID-19."


But that doesn't mean they don't have to rebook me. Even if they cancelled due to border restrictions they need to give me the options as per EC261. 


The claim forms and defence have personal information on there which I would rather not put online. Would be grateful if you can assist without those? I can supply any information that you need. 

Link to post
Share on other sites

Redact the documents but put them up. PDF format

Link to post
Share on other sites

Any chance you can help without that as I don't feel too comfortable putting up the personal case details. 


Basically they are claiming they aren't the operating carrier. 


1. Court has allowed me to add Finnair to the claim as a joint defendant. Can I take them to MCOL though considering they are a Finnish company? 


  • Like 1
Link to post
Share on other sites


If you aren't prepared to let us see the claim that you submitted and the defence then there really isn't anything we can do.
Redact the personal details. Thousands of people present their documents here in exactly this way without any difficulty.

I have to say that you've been here since 2010 and I don't really understand why didn't come to us before you started this. I'm not saying that we would have solved it for you but we might have given you a chance to make it less complicated than it seems to be – although we don't know until we see the documents. 


We help you for free – but we need you to help us help you

Link to post
Share on other sites

Posted (edited)

Ok I will redact the information and upload. It's legal to upload court documents and ask for advice? I always assumed that was private court information which shouldn't be shared online? 

Edited by axil23
  • Thanks 1
Link to post
Share on other sites

I don't think a closed or "private" justice system would be compatible with the sort of open society we pride ourselves on living in.


"Justice must not only be done, it must be seen to be done"  blah blah.


So long as what you post up is honest, truthful and accurate, what can go wrong?


(As BankFodder says, redact all personal details that might allow you to be identified.  I think you've already identified the defendant(s) ).

Link to post
Share on other sites

2 hours ago, axil23 said:

Ok I will redact the information and upload. It's legal to upload court documents and ask for advice? I always assumed that was private court information which shouldn't be shared online? 

I don't know where you're getting these ideas from.

If it wasn't legal we wouldn't ask you to do it.

Link to post
Share on other sites

I'm fairly interested in the response because until now I had assumed that the 1 year limit would apply in case of cancellations, and I have unfortunately accepted refunds that I would prefer having kept the tickets for (mostly because they were extremely cheap!).


That said since you have been offered a full refund it would be a lot more frictionless for you to accept it and buy a new set of tickets using another airline. Is there a particular reason you absolutely insist to be rerouted? (such as mine above!)

Link to post
Share on other sites

  • 2 months later...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...