Refused boarding by Ryanair - MCOL - sorry it's long!

[FTMDave]

That sounds horrific - especially for the children.

 

On what basis are Ryanair trying to defend?

[FTMDave]

Well you seem to have made excellent progress going through the court system as far as getting the claim transferred to your local court, as well as gathering evidence including an e-mail form the Spanish government.

 

At some point you will get an order from the court with a hearing date, and 14 days before that you will have to file a Witness Statement outlining your side of the story.

 

I too went to Spain during QR/PLF time (as well as Germany, Cyprus, Croatia and Austria).  Most countries had sites where a constant updating of COVID rules for visitors were shown.  It should be fairly simple, if a little time consuming, to look up all the regulations for visitors to Spain in 2021 and dates when they changed, to show to the judge.

[FTMDave]

Well you look home and dry.  I'm bemused as to why they are even defending.  Surely it can't take much for them to look up the Spanish regulations for September 2021 and see you're right.

 

When you mention "make us an offer", do you mean you've opted for mediation?

[FTMDave]

Well at mediation you should stick to your guns.  You have absolute proof that you're right and they're wrong.  You want payment in full.  Alternatively later at the court hearing you will point out to the judge their unreasonable behaviour in defending when there is no defence and request extra costs.

[FTMDave]

I think this is excellent news.  Their case is rubbish.  You have clear proof you did check the rules of destination country and did everything right.

 

To answer your questions:

 

1.  Yes they can before the hearing, not during.  Whether a refusal is "silly" depends on how much they offer and how strong your case is.  You seem to have an extremely strong case and personally i would stick to my guns. 

 

2.  No idea.  You may well hear nothing.

 

3.  No, what the judge decides goes.

 

So am i right in understanding that you have submitted a Witness Statement with exhibits?

[FTMDave]

Bazza is right.  They are allowed about £50 legal costs.  They are trying to frighten you.

[FTMDave]

Any update?

[FTMDave]

I agree with Bazza and Kyosanto.

 

This is hassle you don't need but really you've already put all the hard work in, your case is complete.

 

In fact they have admitted in open court "the defending barrister agreed the evidence I presented clearly showed that I was right in my argument and that the timeline was in fact 72 hours".

 

I'm surprised the judge didn't disallow the argument about your daughter.  The parties are not supposed to ambush the other side with last-minute arguments.

 

Please post up a draft Letter of Claim/Letter Before Action.  Include the part that they have admitted in open court that you were right in your argument.

 

If they have any sense they will fold and pay up instantly, but never underestimate the arrogance of these companies to have to always be in the right.