Can I use a previous Thomson defence in my claim

DTDfanBoy

Morning all I was hoping someone out there with some legal knowledge could help with my query.

Basically I suspect the excuses I am receiving from Thomson are a load of BS. I'm at the stage of getting myself ready to take them to court.

As things currently stand if Thomson use the EC's that they are currently claiming in their defence against my claim, they will contradict a previous defence they have used in relation to my claim.

I have found details about the flight previous to mine, which was delayed and was subject to legal action against Thomson. They filed a defence against this action, but then settled with the claimants out of court.

If they file a defence to my, yet to be filed, claim that uses the exceptional circumstances they are claiming at the moment, it will completely contradict what they have stated in a previous defence.

I would obviously love to catch these guys with their pants down.

Is anyone able to offer me any advice. I suspect that any defence submitted to a court must be based on fact, is this true ?

Is a judge able to consider a defence filed by Thomson in another case ?

Any idea what the ramifications would be if Thomson are found to be submitting false defences to a court ?

Thanks for any advice you are able to offer :T

SimonD316

I don't think it will hurt, and it will certainly make them look foolish if you are able to show it was the same plane.

DTDfanBoy

Thanks for the response, I'm certain it was the same plane, thankfully all planes have a registration code. If you know you're planes registration code it's a lot easier to track down previous flight data.

There is a searchable ACARS database http://www.acarsd.org/acars_search.html which I have found to be invaluable.

Here's the Wiki ACARS article if you are unfamiliar with the system http://en.wikipedia.org/wiki/Aircraft_Communications_Addressing_and_Reporting_System

I find planefinder.net useful for cross referencing Flight Number. For instance if you specify a google search for 2013-03-14 G-TAWL http://planefinder.net/data/flights/BY648

then trawl through the results you can see that on the 14/03/12 that specific plane flew from Gatwick to Sharm, the flight code was BY648 also know as TOM648.

The BY is an IATA airline designator code for Thomson, you can find the more common ICAO airline designator code for Thomson, which is TOM by using this Wiki article http://en.wikipedia.org/wiki/Airline_codes-T which lists both codes for all airlines

You can then search http://www.flightstats.co.uk/home.do for specific information regarding that flight. You do need to sign up to flight stats to access historical data, it is free to register.

The website Heathrow & Gatwick Airport Movements http://www.lhr-lgw.co.uk/ has a database you can search by date. It only gives very basic information, but does have accurate information in regards to arrival or departure timings.

I'd also add that you need to keep in mind that the specific aircraft you flew on may not be the one that you were scheduled to fly on, so be aware that previous flights made by that aircraft may have no bearing on your case. It's probably a good idea to ask your airline for the aircraft registration numbers concerned, not just the flight numbers.

Mark2spark

You can't use a previous out of court settlement as any sort of admission of guilt in your case, as it's 'without prejudice'.
And small claims court decisions are also not precedent case law in their conclusions.