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PostPosted: Sun Aug 03, 2008 6:23 pm 
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jimbo wrote:
The travel writers (Gill Charlton) answer.

"I see that Airport Direct has admitted that it's driver was at fault in it's letter to you by saying "This is a result of his poor judgement and not acting on the instructions he received from the office" When I telephoned the company, it said it had done all it could under it's remit as a licensed private hire operator and that the fault lay with the driver,who was self-employed and registered with the public carriage office (PCO).

A spokesman for the PCO told me: "Private Hire operators like Airport Direct have a responsibility to record details of complaints, investigate them and record the outcome. The role of the PCO is to ensure that operators comply, and to act when thet don't. When an operator fails to handle a complaint correctly, the PCO would carry out an investigation."

However the PCO does not have any powers to force an operator to provide compensation, as a private hire booking is a contract between the passenger and the OPERATOR .
Apart from complaining to the PCO about this licenced driver, you could take Airport Direct to court using the small claims procedure to sue for the the expences you incurred- although the law does not appear to be clear on this issue."



The contract is between the company and the client.

The company provide the driver.

The company are therefore liable for any cock-ups by their drivers?

Of course, had they called GBC, they would've got to Heathrow on time.

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PostPosted: Sun Aug 03, 2008 8:10 pm 
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When I telephoned the company, it said it had done all it could under it's remit as a licensed private hire operator and that the fault lay with the driver,who was self-employed and registered with the public carriage office (PCO).

I don't think so. [-X

The contract was with the operator, not the driver. [-(

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PostPosted: Sun Aug 03, 2008 8:25 pm 
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Most companies around here advertise themselves as being agents for the driver.... which places responsibility on the driver ... in more than one way.... :oops:

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PostPosted: Sun Aug 03, 2008 8:30 pm 
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MR T wrote:
Most companies around here advertise themselves as being agents for the driver.... which places responsibility on the driver ... in more than one way.... :oops:

He who takes the booking is he who is 100% responsible if that booking isn't completed satisfactory.

Clearly the booking agent/operator may take action against the driver to recoup any loss, but the customer buck stops at the operator.

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PostPosted: Sun Aug 03, 2008 9:12 pm 
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if the customer cant work out how long it takes to get there, and relies on a 3rd party, and then traffic delays the vehicle then the operator isnt liable

if the vehicle is late, doesnt turn up, or breaks down then the operator is liable

BTW, whats the normal check-in time? we go on holiday soon and we always get to the airport at least 90 minutes before our flight time

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PostPosted: Sun Aug 03, 2008 10:29 pm 
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So.... if an operator takes a job..... and then passes that job on to a driver.... which the driver accepts .... picks up the passengers and makes his way to the airport... on the way he is involved in an accident.... which is his fault.... and then it turns out he has no insurance. as the insurance policy he had presented to the company was a fake.... passengers are injured.... miss their holiday...... is the company liable...... remember they are only an agent ..... I wonder why they have spent so much money with the legal eagles getting their wording right....
And another thing.. when the companies here except bookings for airports or trains they make it quite clear to the customer to allow plenty of time. :shock:

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PostPosted: Sun Aug 03, 2008 10:51 pm 
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MR T wrote:
And another thing.. when the companies here except bookings for airports or trains they make it quite clear to the customer to allow plenty of time.


I have in the past thrown airport jobs back to our dispatcher, when it has been plainly obvious that the time allowed on the job is nowhere near enough to get the passengers to the airport on time.

For the sake of a decent fare, I am not prepared to get involved in possible litigation should passengers miss flights through no fault of mine.

It's just not worth it.

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PostPosted: Sun Aug 03, 2008 11:28 pm 
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GBC wrote:
bloodnock wrote:
I can't what price has to with it.



Its simple Mr Bo.. Bloodnock, people in the capital perceive that Minicab (PH) companies are cheaper than taking a real Taxi. The truth probably could'nt be further from that.

So they book these 'airport specialist transfer' (whatever that means?) who of course charge about a tenner less than we do, or in some cases about £10 more, and this is what happens.

You get a Somalian / Bosnian / Polish / etc driver who has'nt got a clue where he's going, where the major works are, what route is best at certain times of the day, back doubles, u-turns that save another 10 mins etc, and the end result is that the punter misses his / her flight.

In short, they don't have a feckin clue where they're going.

We do.


well...who lets the these Bozos get PH licences??? does a License for Ox driving in Somalia cut the Mustard over here???..and how can you get the required CRB check on anyone that came from some obscure corner of the earth..


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PostPosted: Mon Aug 04, 2008 5:06 am 
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wannabeeahack wrote:
if the customer cant work out how long it takes to get there, and relies on a 3rd party, and then traffic delays the vehicle then the operator isnt liable

The taxi/PH trade are meant to be the professionals, and the punters are meant to be the amateurs.

And that's the way the courts will see it. :wink:

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PostPosted: Mon Aug 04, 2008 5:17 am 
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jimbo wrote:
The Company advised an 0830 pick-up. They are to blame.


So says the passenger but the company told me that it is up to the passenger to make sure they leave themselves enough time to get to the Airport.

You only have one version of events perhaps it will be interesting to hear the other side?

One possible admission of blame could be reliant on the fact the driver no longer works for the company.

Regards

JD

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PostPosted: Mon Aug 04, 2008 7:51 am 
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Sussex wrote:
MR T wrote:
Most companies around here advertise themselves as being agents for the driver.... which places responsibility on the driver ... in more than one way.... :oops:

He who takes the booking is he who is 100% responsible if that booking isn't completed satisfactory.

Clearly the booking agent/operator may take action against the driver to recoup any loss, but the customer buck stops at the operator.


A few years ago we had a case where we had a frantic phone call from someone who's PH car had not turned up for them .................. they missed their flight and contacted a solicitor to recover extra costs and some compensation.

It turned out that the PH firm didn't have to accept responsibility as the booking was placed within an hour of the expected pick up time. It was suggested that a booking needs to be held with an operator for 24 hours prior to travel for the laws of contract to apply ................. dunno whether that is actually the case, I'm not a solicitor, but I'm sure that someone will put me right.

B. Lucky :D

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PostPosted: Mon Aug 04, 2008 11:37 am 
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from islington surely the driver would have gone across to the a40 - m40 - m25 etc etc or he could have aimed for hammersmith and used the a4, m4 etc etc, both of these journeys maximum time would have been about an hour


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PostPosted: Mon Aug 04, 2008 12:00 pm 
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187ums wrote:
from islington surely the driver would have gone across to the a40 - m40 - m25 etc etc or he could have aimed for hammersmith and used the a4, m4 etc etc, both of these journeys maximum time would have been about an hour


Your quite correct Mr 187.

Marylebone Road, Westway, White City, (thus avoiding the problem at Hammersmith whatever that may have been) Chiswick, Hogarth and pick up the A4 / M4 from there.


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PostPosted: Mon Aug 04, 2008 3:10 pm 
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Wow, thats the suburbs done, now all you have to do is pass your drive and you too will be a proper Taxi driver. =D>
Dont tie the badge too tight round your neck, wouldn't want you to choke.


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PostPosted: Mon Aug 04, 2008 3:32 pm 
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Sussex wrote:
wannabeeahack wrote:
if the customer cant work out how long it takes to get there, and relies on a 3rd party, and then traffic delays the vehicle then the operator isnt liable

The taxi/PH trade are meant to be the professionals, and the punters are meant to be the amateurs.

And that's the way the courts will see it. :wink:


acts of god/unforeseeable incidents are outside the control of even the best base op/HC/PH ...

(except those that think they ARE god.....and theres a few of those about)

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