Court Success Judgement against Small Planet Airlines

dxc_chappie

Mark2spark wrote: »

That would just be sooooooo funny if someone ended up getting a plane seized in lieu of a EU261 judgement :rotfl:

Which would of course lead to a defence of Extraordinary Circumstances for subsequent flight delay/cancellation claims!

P_Doff

dxc_chappie wrote: »

Which would of course lead to a defence of Extraordinary Circumstances for subsequent flight delay/cancellation claims!

No it wouldn't. It isn't beyond their control.

JPears

P_Doff wrote: »

No it wouldn't. It isn't beyond their control.

And they haven't taken all reasonable measures to avoid the delays/cancellations...

Hince

Oh dear I am trying to claim against Small Planet also, been purusing Olympic but they direct me to Small Planet. I did pass it to a "specialist" solicitor to deal with but they said "not even worth it" we were delayed 26 hours on a 7 day trip to Corfu, nightmare. I can only find an address in Poland, surely they cannot get away with this, my thinking is that Olympic shouldnt use them if they keep moving offices and "disappearing" just to get out of law suits etc. not a nice company at all!!!!

richardw

Alan_Bowen wrote: »

...... the men behind SPA have a habit of closing airlines down at the end of October as soon as they have collected the Half Term takings....

Has this happened?

Alan_Bowen

Not sure they are operating any flights out of the UK for the winter season but technically they are still trading. As far as I can tell not a single person has been paid compensation, with or without a court order.

Angelac75

I am glad to hear your good result. In July 2013 my partner and myself were due to fly from Birmingham to Skiathos for a 7 night holiday. The check in desk didn't open and we were bused to Gatwick where we stayed overnight. The flight departed 24 hours after the original scheduled time this meant we only had a 6 night holiday.

I have sent emails and letters to Small Planet in Poland and have received no response.

I have raised a complaint with the CAA but they have informed me they cannot act on my behalf as I have had no response from Small Planet. They can only intervene when the airline have rejected a claim.

I am wondering what to do next? I am not sure how to make a claim as the airline address is in Poland.

Any advice would be greatly appreciated.

David_e

Angelac75 wrote: »

Any advice would be greatly appreciated.

A google search brought up an airline forum. There was a posting from last October "The lady who has just won her case in court agains SPA in Hastings please get in touch I won my case in August and still not been paid by SPA I am awaiting for instructions frm the judge as they have now closed down their office in Gatwick so I am being told as I was going to send the bailiffs to collect my money ". That's consistent with what Alan Bowen said a few months ago.

I would guess - and it is a guess - that any action would have to be taken in the relevant foreign country - which may or may not be Poland.

This gives some insight into the company structure:

http://www.smallplanet.aero/en/read-news/67-small-planet-airlines-acquired-by-current-management.html

With the best will in the world, I think you have your work cut out. Your best bet would be if your household insurance covers legal costs. I can't see a no win no fee firm wanting an overseas case.

Alan_Bowen

Best of luck to all those trying to extract money from SPA. There are rumours as to who may be behind the operation, if they are true, I fear you would be throwing good money after bad and regrettably in view of their behaviour so far, it may be difficult to get any insurer to pay for legal action but I would strongly support the view that it shouldn't be your hard earned money going to waste.

Tyzap

Here is an update on SPA operations for this summer.

http://www.ch-aviation.com/portal/news/25473-lithuanias-small-planet-airlines-to-operate-11-aircraft-this-summer