Posted 24 October 2023

airline small claims court

I have a claim that's been rejected by the aviation ADR. Airline is claiming air traffic control is the fault but the plane was delayed before ours due to missing gate times, staff change over and then staff not having enough hours to fly back same day.
I believe that isn't air traffic controllers fault so will need to take them to small claims court.
Does any one have any experience of taking an airline to SCC?

Thanks
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  1. Griffinpark1982's avatar
    Call Daniel Barnett on LBC Legal hour, 9pm Saturdays. He deals with this sort of thing every week and he'll point u in the right direction. (edited)
  2. zworlds's avatar
    You can ask the airline to refund your fare. If they do not, please submit a claim on AviationADR
    Justintime12's avatar
    Try reading the first sentence in the op.....
  3. Timbonagasaki's avatar
    Citizens Advice might be able to help.
    It'll cost you nothing to find out.
    smoose89's avatar
    Author
    Thanks il contact them tomorrow
  4. zworlds's avatar
    Did you pay with your credit card? Make a claim with them.
    deleted2904274's avatar
    Every traveller should be doing this.
  5. Willy_Wonka's avatar
    Was it the time when the whole of Europes Air Traffic control was down?
    smoose89's avatar
    Author
    not the one due to the rogue flight but the one or 2 before, Other flights were delayed by 1-2h max ours was 6h delay and then cancelled, the first delayed started cause they didnt repair the flight in time due to it being damaged from the previous previous flight before ours. (edited)
  6. zworlds's avatar
    What is the issue?
    Flight delay? Missed flights?
    smoose89's avatar
    Author
    cancellation after 6h delay, the flight was first delayed due to aircraft damage which they didnt pick up in time, 2nd time they missed the gate slot, 3rd time they missed it again due to havign to change staff and the final reason which caused it to cancel was the flight crew had used all there hours up. this was all the flight before ours as we was flying from Greece.
    I have screenshots of the flights on the day and loads of other flights were only 1-2h max delayed.

    I even have a recording of the pilot listing the issues. (edited)
  7. sm9690's avatar
    By airport authority do you mean you went to CEDR / AviationADR?
  8. markmc999's avatar
    This is just my view, but, personally I am not sure you will have much success at Small Claims Court unless you have extra evidence and can prove things - the independent ADR people have rejected the claim and as such I'm not sure it'll win in court.

    If you do go down that route be prepared to foot other parties costs as well
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