Flight delay and cancellation compensation, Tui/Thomson ONLY

razorsedge

Quote:
Originally Posted by Mopsymoo
I was on a delayed flight from Palma with Thomson airline in June 2012. Thomson have refused to pay I have now taken this to the small claims court (awaiting decision). Thomson want proof that I checked in i.e with boarding passes, which I don't have. Does anyone know how I can confirm I checked in on this flight? Many thanks

razorsedge wrote: »

If you have already started court action then you do not have to prove anything to Thomson. However, you will need to show to the court that 'beyond reasonable doubt' you were on the flight as you have claimed in your court submission.

Do you have any of these?

Booking References
Ticket Stubs
Emails/Printouts from Thomson with flight/holiday details
Luggage Labels
Credit Card/Bank Statements/Receipts statements showing you paid for the flight/holiday
CC/BS/R showing you bought something while abroad or at the airport
CC/BS/R showing you bought something on the flight (a belter that one, well worth buying something in flight on a card if you want proof!)
Photos taken while abroad/at the airport
Details of transport taken to/from the airport
A neighbour (willing to sign a statement) who looked after your house/cat/dog/tarantula while you were away

You can also try an SAR but that might not yield you a passenger listing. Some SAR info here:
https://forums.moneysavingexpert.com/discussion/comment/64424891#Comment_64424891

Finaly, regardless of the merits of proving a negative (which have been debated a few times on this forum), I think it is always worth putting in your bundle to the court that Thomson should produce the passenger list for the flight if they want to show that you were not on it.

Sorry, one or two things I forgot to add to list of things to look for. Do you have any of these?

A letter from the airline given to you on the day explaining the reason for delay (I know, these letters are about as rare as rocking horse manure but sometimes the airlines do comply with the regs about informing passengers)
A letter from the airline before you started court action admitting you were on the flight where they say something like 'We are sorry for the delay to your flight... blah blah blah.... rubbish rubbish rubbish... but we are not going to give you any compensation so go away'

bigmama1

JPears wrote: »

Possibly you could let us have a look at the defence statement when you receive it? Those with a degree of experience may be better placed to advsie if you should go for oral hearing then.

Already posted Thomson defence on page 246 No. 4917!

David_e

razorsedge wrote: »

However, you will need to show to the court that 'beyond reasonable doubt' you were on the flight as you have claimed in your court submission.

Not sure much hangs on it but I think the civil law test is "balance of probabilities", which is a lower hurdle than (what I understand is) the criminal law "beyond reasonable doubt" test.

razorsedge

David_e wrote: »

Not sure much hangs on it but I think the civil law test is "balance of probabilities", which is a lower hurdle than (what I understand is) the criminal law "beyond reasonable doubt" test.

I think David_e is correct, so apologies for my mistake.
Hoisted by my own 'Attention To Detail' petard!!:mad:

OP corrected

bigmama1

I'm putting together my response to Thomson defence. They are stating that Gatwick airport was closed on 18th December 2010? Has anybody got any idea how I obtain this information regarding closures in December 2010? I have tried looking at Gatwick sites but can't seem to find exactly what I require. Thanks.

David_e

bigmama1 wrote: »

I'm putting together my response to Thomson defence. They are stating that Gatwick airport was closed on 18th December 2010? Has anybody got any idea how I obtain this information regarding closures in December 2010? I have tried looking at Gatwick sites but can't seem to find exactly what I require. Thanks.

Google is your friend ....

http://news.sky.com/story/825550/snow-chaos-heathrow-airport-to-stay-shut

"Gatwick was forced to close for five hours but reopened this afternoon after a "140-strong snow team worked tirelessly to sweep 10cm of snow and ice from the runway", the airline said.

But the airport warned passengers to expect further disruption and advised them to check with their airlines before setting off.

"There will continue to be some cancellations and delays to flights over the course of the evening and into tomorrow," a spokesman said.

"There are fewer inbound flights than normal but by tomorrow afternoon we hope to return to a more normal schedule.""

Also some bits here:

http://www.bbc.co.uk/news/uk-12030233

http://www.independent.co.uk/news/uk/home-news/coldest-december-on-record-puts-brakes-on-start-of-the-big-getaway-2163615.html

Didn't look at all the hits but there is plenty to go at, albeit mainly reported news rather than regulator/airport/airline updates.

razorsedge

bigmama1 wrote: »

I'm putting together my response to Thomson defence. They are stating that Gatwick airport was closed on 18th December 2010? Has anybody got any idea how I obtain this information regarding closures in December 2010? I have tried looking at Gatwick sites but can't seem to find exactly what I require. Thanks.

You could have a look at flightstats and see if any aircraft were taking off/landing at Gatwick on 18th Dec 2010.

Was your flight due take off on 18 Dec from the USA but arrive on 19 Dec in the UK?

However, don't forget that Thomson have to prove that Gatwick was closed, it is not necessary for you to disprove it. But as Centipede100 said:

Centipede100 wrote: »

As for your inbound flight, TOM are claiming that weather again played a part in the delay to the preceding flight leaving LGW. This was not your flight, however, and the defence available in the Reg specifically states that 'meteorological conditions incompatible with the operation of the flight concerned' can be construed as a valid defence. The airline however has not offered any evidence as to what if any adverse weather conditions directly affected the operation of your flight.

The defence as offered for your return flight cannot therefore be upheld IMHO.

Crossed posts again with David_e, I think he has some easier to digest closure info

Vauban

If you register with flightstats.co.uk you can then search by airport for historical dates. Most flights are reported as cancelled or "unknown".

David_e

razorsedge wrote: »

Crossed posts again with David_e

I hate it when that happens; I'm a slow typer (and slow thinker)!

mr.d_4

Does anyone know where the Jet2 vs Huzar case is going to be held