Refused boarding at Heathrow

[Right2Flight]

Hi,

 

Just writing to say that I've had an issue with an airline recently and filed a MCOL at the end of May this year which is still ongoing. In my case I had a connecting flight from Heathrow. The first flight departed late so we arrived at the connecting airport late and had to rush to the gate for our next flight, we get there as the flight is boarding, the airline scans our boarding pass and says that we won't be able to board. We ask why and are told that our luggage from the connecting flight won't arrive on time and it is illegal for our bags to fly unaccompanied on a later flight. We were told to go to the connection desk whilst they carried on boarding other passengers that were behind us.

 

While at the connection desk, I connected to wifi and saw I got an email from the airline sent before we had landed, saying that we had been moved to a later connecting flight. Basically the airline changed our flight because they thought we would not make our connection, but we did make it and they wouldn't put us back on the flight. We ended up arriving to our destination over 15 hours later than planned.

 

We filed a complaint through their website and they said the first flight was delayed due to extraordinary circumstances involving weather and air traffic control so no compensation was due. I replied saying that we made it to the gate on time, but we were not allowed to board because they changed our ticket. They offered us £200 worth of air miles each which we declined. After some back and forth via email, I sent a letter saying that if we do not get compensated the €600 (£520) per person we are entitled to under Regulation no. 261/2004 then we would be filing an MCOL. They stated that denying the claim was their final position, so I started an MCOL at the end of May.

 

The airline defended the case but said they would be open for mediation. A mediation call was booked for the beginning of July, but on the day when the mediator called the airline, they said that they were not aware of the mediation date. Mediation calls can't be rearranged, so the case progressed through the courts.

 

The airline got a solicitor to represent them and sent another defence paper with additional information two weeks after the defence claim deadline. I wrote to them advising that the airline has already submitted their defence and that it's too late to change their defence. They then wrote back asking for my consent to amend their defence as they were unaware that the legal defence document the airline rep sent to the court would be used as their full defence. I basically wrote back to them saying that I do not give them my consent...

 

At the beginning of August I got a letter from my local courts to say that a district judge had read through my claim and the airline's defence, and that I will need to submit all evidence I have to support my case and send it to the judge and airline no later than the end of the month, and that the airline will need to do the same. The letter said once everything is submitted, the court will be in contact with a hearing date.

 

I prepared my evidence (100+ pages worth) and sent it to all parties before the deadline. I received the airlines evidence a few days later. I've not heard anything from the courts since.

 

 

 

 

 

 

[dx100uk]

std court practice

N180 exchange for mediation

mediation failed

on to allocation to local court via N157 etc

next - allocated for xxx date at local court with WS exchange by 14 days prior to hearing and hearing fee to be paid by the claimant by xxx date.

 

so what date is your hearing?
 

dx

 

 

[Right2Flight]

The letter requesting evidence says that the court will contact me with a hearing date, but I've not been given one yet.

[dx100uk]

sorry am i jumping the gun?

can you scan up to PDF with the court directions 

read upload

 

dx

 

[Right2Flight]

This is the latest letter I received from the courts at the end of July.

Court Letter July 22.pdf

[dx100uk]

just type no need to hit quote...

 

ah right you are using the new all online system and that runs dif  to MCOL im used too.

 

ok well you've simply got to await harlow to find a hearing slot.

 

hehe by a slight of fate i know that court very very well from a past life...

[FTMDave]

Own topic created.

[Manxman in exile]

Forgive me if I'm being particularly slow, but I'm confused as to the basis of your claim?

 

13 hours ago, Right2Flight said:

...The first flight departed late so we arrived at the connecting airport late and had to rush to the gate for our next flight, we get there as the flight is boarding, the airline scans our boarding pass and says that we won't be able to board. We ask why and are told that our luggage from the connecting flight won't arrive on time and it is illegal for our bags to fly unaccompanied on a later flight. We were told to go to the connection desk whilst they carried on boarding other passengers that were behind us.

 

While at the connection desk, I connected to wifi and saw I got an email from the airline sent before we had landed, saying that we had been moved to a later connecting flight. Basically the airline changed our flight because they thought we would not make our connection, but we did make it and they wouldn't put us back on the flight.

 

 

Are you complaining (1) that they didn't let you board because your luggage wouldn't arrive on time and it is illegal for unaccompanied luggage to follow on a later flight, or are you complaining (2) that that wasn't the real reason they wouldn't let you board, and the real reason was that they had already moved you to a later connecting flight without your knowledge, or are you (3) just trying to claim for the original delay?  Or some combination of the above?

 

Is it not possible to contact the court to tell them you've not been advised of a hearing date yet?  (I'm not familiar with MCOL so don't know if that is possible or not...)

[Kyosanto]

We ask why and are told that our luggage from the connecting flight won't arrive on time and it is illegal for our bags to fly unaccompanied on a later flight.

 

That is complete and utter bu****it. 

 

Can you guess what happens when they offload your baggage from a flight, or your baggage gets temporarily lost at an airport? That's right... it flies without you on a later flight. Otherwise you'd need to come back and get it.

However the opposite is true. You can't have your luggage fly before you in a plane that you've missed. That's when they either offload the luggage or wait for you.

 

It looks like you have already got your claim fully lined up, so good luck with it. I was wondering the following couple of things:
-Was your initial plane late, or did they sell you a ticket that did not respect the MCT (Minimum Connection Time) for Heathrow.

-Have they argued exceptional and unpredictable circumstances for the delay (other than the baggage excuse which doesn't make any sense)