Sorry first post here so this may be in the wrong place.

Appreciate any thoughts on whether this is worth pursuing further with BA regarding EU261.

4 of us booked on BA823 09:10 DUB-LHR (arr. 10:40) and then BA173 11:40 LHR-JFK (arr. 14:25EDT) on Thursday 11th August. Through ticketed with BA (which suggested the connection was acceptable), in CE/CW. We had no checked baggage. 3 of us had status with BAEC.

A couple of weeks before the trip we tried unsuccessfully to get BA to book us on an earlier departure from DUB as I was concerned our connection time at LHR T5 was too short, but BA declined.

BA823 left DUB on time and landed early (around 09:20) on 09L at LHR. Unfortunately we then were held on the tarmac (on one of the taxiways to the north of T5B/C) for around 45 minutes. Captain and IFM kept us (and several other passengers in CE who had connections) informed of the reason for the delay. The Captain noted that it was due to the ‘Dublin’ arrival gate we were due to use (A22 or A23) was blocked by an aircraft which was late departing. This was he noted due to issues with Boarding the aircraft. I recall he said this was due to late arriving gate staff. As the delay extended, he also noted that he had been in touch with ‘The Company’ (I assume he meant BA Management) to instead get us on a remote stand and bussed to the terminal. Apparently BA Management would not agree to this. ATC delays or restrictions were never mentioned.

We eventually left the aircraft on gate A22 or 23 (I don’t recall which) at 11:05 – I noted to the IFM that I expected we would be outside conformance at T5 for the connection (which I understand is 35 minutes regardless of class of travel or whether checked baggage is involved or not).

We were in the first half dozen people off the aircraft and ran to Flight Connections. As expected we could not get through the Boarding Pass scan gates (as it was now nearly 11:15).

We joined the long queue to be re-booked. The only option offered for the same day was AA141 (19:30 LHR T3-JFK) - which we accepted.

AA141’s scheduled arrival into JFK was 22:30EDT. This is 6 hours and 5 minutes later than our originally scheduled arrival on BA173.

Given the delay appears to be BA’s fault (since the delay following BA823’s early landing was due to BA being unable to get us off the plane until 45minutes or so later, and that they were then unable to rebook us on any earlier flight to JFK) then I believe EU261 compensation (since delay to arrival >3hours) at Category 3 level (since >3500km) is due. This would be EUR600 for each of the 4 passengers on the booking.

I raised a complaint with BA whist we were in the USA. However, they have now twice denied any liability under EU261 and response has been a ‘brush off’. There most recent response was to note that Customer Relations had ‘taken time to make sure our response is accurate and up to date’ (which does raise questions as to whether BA think the ‘facts’ can change over time) and that the basis for denying the claim is that the delay to BA833 was due to ‘Air Traffic Control restrictions’.

I don’t believe the delay was due to ATC restrictions and instead believe the delay was due to failures on BA’s part. Both in terms of failing to board the aircraft which was ‘blocking’ A22/A23 and then to expedite using a remote stand. The fact we landed early also suggests that even with current lower levels of activity, I doubt there were ATC restrictions in place for LHR that morning.

My question is should I continue to pursue this with BA and if so any advice on how to proceed. In particular should I be asking to see the proof that this was ATC restriction (which would seem to be required by Art 5.3 EU261/2004 if BA are to deny the claim?