Taxi Driver Online :: View topic - Disable row in Tewkesbury

Chris says this is ridiculous and that she has never had problems with other taxi firms, which they use on a regular basis.

Mr Smith said: "I am not accepting his apology, my wife deserves better than this. "I have never seen her so upset and distraught."

but the contract is between the firm and the passenger, the driver is the agent?

CC

captain cab wrote:

but the contract is between the firm and the passenger, the driver is the agent?

CC

The initial contract is between the taxi firm and the punter. The taxi firm is the agent of the driver. Simply because the driver pays the taxi firm to supply work but he is under no obligation to accept that work. We have been through this time and time again and there is even case law on the subject so why you persist in calling the driver the agent of the taxi firm is beyond me. If the taxi driver was the agent of the Taxi firm he would be under an obligation to accept the booking but fortunately no such association or obligation exists for a driver to accept a booking.

Is this what you tell you NTA members? lol

JD

I was under the impression the job in question was to a private hire firm.... I suppose the Chris Smith booked a taxi from TC Private Hire, gave me that impression. :lol:

Author:	Sussex [ Wed Oct 03, 2007 12:09 pm ]
Post subject:	Disable row in Tewkesbury
Taxi firm in disabled row A Tewkesbury man is threatening to take a Tewkesbury taxi firm to the Disabled Rights Commission after a driver refused to pick up his wife. Chris Smith booked a taxi from TC Private Hire, to take his wife Christine, who suffers from cerebral palsy, from their home at Pamington Fields to Northway shopping. Shortly after making the call they were phoned by the company's controller to say that the driver would not be picking her up because it would take her 20 minutes to get in and a further 20 minutes to get out of the vehicle. Chris says this is ridiculous and that she has never had problems with other taxi firms, which they use on a regular basis. Nigel Woodward the owner of TC Private Hire said that the call came on a Sunday and the only vehicle available at that time was a large people carrier, which has a very high floor. "The driver was worried that she might fall and hurt herself." "I am disabled myself and the driver will not let me go in it because it so high. If we had had a car to send we would have sent it," he said. Nigel has artificial leg following an accident 12 years ago. Mr Smith contacted the borough council's disabled discrimination officer Sandy McMillan, who called at the taxi office to discuss the situation. Mr Woodward said that this was the first he heard about the matter and through her, he apologised to the Smiths. "If they had contacted me I would have apologised to them in person, but they went straight to the council," he said. Mr Smith said: "I am not accepting his apology, my wife deserves better than this. "I have never seen her so upset and distraught."

Author:	Sussex [ Wed Oct 03, 2007 12:10 pm ]
Post subject:	Re: Disable row in Tewkesbury
Sussex wrote: Chris says this is ridiculous and that she has never had problems with other taxi firms, which they use on a regular basis. Well why didn't they ring them rather than the one they did?

Author:	Sussex [ Wed Oct 03, 2007 12:11 pm ]
Post subject:	Re: Disable row in Tewkesbury
Sussex wrote: Mr Smith said: "I am not accepting his apology, my wife deserves better than this. "I have never seen her so upset and distraught." Well what would you rather him do then, cut his f***ing head off?

Author:	JD [ Wed Oct 03, 2007 2:08 pm ]
Post subject:
Private hire company, Private hire operator allocates or tries to allocate the job to a driver on the circuit, driver on the circuit refuses the job for whatever reason? The buck stops at the driver. However another problem could arise in the form of contract law if the operator takes the booking and then cannot fulfill it? Under current case law a driver is under no obligation to accept a booking therefore someone is going to have to prove that the driver refused the job on grounds of discrimination? All academic of course because I understand the council are satisfied with the actions of the operator. Regards JD

Author:	gusmac [ Wed Oct 03, 2007 4:56 pm ]
Post subject:
If they have refused the hire under health and safety, I don't think discrimination applies, unless they can prove that another suitable vehicle was available. Breach of contract is another matter. Did they state their vehicle requirements when booking?

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Author:	captain cab [ Thu Oct 04, 2007 6:26 pm ]
Post subject:
but the contract is between the firm and the passenger, the driver is the agent? CC

Author:	JD [ Thu Oct 04, 2007 7:07 pm ]
Post subject:
captain cab wrote: but the contract is between the firm and the passenger, the driver is the agent? CC The initial contract is between the taxi firm and the punter. The taxi firm is the agent of the driver. Simply because the driver pays the taxi firm to supply work but he is under no obligation to accept that work. We have been through this time and time again and there is even case law on the subject so why you persist on calling the driver the agent of the taxi firm is beyond me. If the taxi driver was the agent of the Taxi firm he would be under an obligation to accept the booking but fortunately no such association or obligation exists for a driver to accept a booking. Is this what you tell you NTA members? lol JD

Author:	captain cab [ Thu Oct 04, 2007 7:10 pm ]
Post subject:
JD wrote: captain cab wrote: but the contract is between the firm and the passenger, the driver is the agent? CC The initial contract is between the taxi firm and the punter. The taxi firm is the agent of the driver. Simply because the driver pays the taxi firm to supply work but he is under no obligation to accept that work. We have been through this time and time again and there is even case law on the subject so why you persist in calling the driver the agent of the taxi firm is beyond me. If the taxi driver was the agent of the Taxi firm he would be under an obligation to accept the booking but fortunately no such association or obligation exists for a driver to accept a booking. Is this what you tell you NTA members? lol JD I was under the impression the job in question was to a private hire firm.... I suppose the *Chris Smith booked a taxi from TC Private Hire,* gave me that impression.

Author:	JD [ Thu Oct 04, 2007 7:42 pm ]
Post subject:
captain cab wrote: I was under the impression the job in question was to a private hire firm.... I suppose the *Chris Smith booked a taxi from TC Private Hire,* gave me that impression. It doesn't make any difference what type of radio firm it is, there is no legal obligation for any driver to accept a booking. However once the booking has been accepted then a different set of circumstances arise. You should know this, its been pointed out to you before. JD

Author:	JD [ Thu Oct 04, 2007 8:03 pm ]
Post subject:
Mingeley v Pennock JD

Author:	no tips [ Sat Oct 06, 2007 3:00 pm ]
Post subject:
With a hackney with wheelchair ramps, who is responsible for loading the passenger in the wheelchair. If it is the driver, does extra insurance need to be taken out. & if the driver feels the passenger is a bit over wieght can he refuse due to health & safety towards him being injured . there are alot of heavies about in wheelchairs.

Author:	Sussex [ Sat Oct 06, 2007 3:09 pm ]
Post subject:
Anybody can refuse a fare on reasonable grounds, a ten tonne Tessey is very good grounds for refusal.

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